Today, we won a CCW Application Appeal in Orange County! This was the first CCW denial appeal case that anyone has won in Orange County. Senate Bill 2 modified the statutory scheme for CCW applications, effective January 1, 2024. SB2 is the California legislature’s response to the Bruen decision by the United States Supreme court. One part of the new statutory scheme allows a CCW applicant to appeal their license denial. The Orange County Superior Court hears the appeal pursuant to Penal Code section 26206.
The OC court assigns all of these cases to Department C65 at the Central Justice Center in Santa Ana. We may be able to file the petition at other courthouses, but the court will assign the case to Dept. C65. We filed our briefs using the court’s electronic filing system.
Background: The TRO
The trouble started back in 2021, when his wife filed a petition for a domestic violence restraining order. The court issued a Temporary Restraining Order (TRO) that was valid until the hearing on the petition. His wife then withdrew the petition and never had him served with the TRO. The TRO dissolved in December 2021, when no one showed up at the hearing. Additionally, this client makes a living as a personal protection agent and carries a gun as part of his work. He has had a CCW license since 2018, and it was even renewed in 2022, after the TRO incident.
The CCW Application
Our client applied for a CCW license in early 2024 with the Orange County Sheriff’s Department. On his CCW application, he indicated that he not been subject to any restraining order. He had never been served with the order and had no knowledge of it.
In May 2024, the Orange County Sheriff’s Department denied the CCW license application, citing the restraining order. Because of the changes in the law, the OC Sheriff’s Department determined that he was now disqualified under Penal Code section 26202 – even though they had renewed his license in 2022. This client filed his own Request for Hearing per Penal Code section 26206.
Criminal Defense Heroes founder, Don Hammond, happened to be in court on another gun rights case when this case was initially calendared. No one had any idea what they were doing – not the judge, not the DA, and certainly not our future client. We spoke briefly in the courthouse hallway, and he called the firm the next day.
The CCW Application Appeal
The client then retained us to handle the CCW Application Appeal. We filed a brief, explaining to the judge how the new law applies to the facts of this case, and the district attorney filed their brief. We issued a subpoena to the Orange County Sheriff’s Department, requesting their entire file related to this CCW application. The hearing ended up getting moved – both the location and the date, but we found out immediately and were on top of it. We appeared for the hearing on August 16 at 1:30 p.m.
The Court Hearing
In between when we met the client and when we returned to court, this judge had denied a few other OC CCW denial appeals.
An Orange County deputy district attorney argued the case for the government. The founder of Criminal Defense Heroes, P.C., attorney Don Hammond, argued the case for our client. The DA argued that the court should deny the appeal because of the 2021 TRO. We made two arguments: (1) The judge has the authority under PC 26202(a) to make a contrary determination even if the client is presumptively disqualified; and (2) Because the client was never served with the TRO, he was not “subject to” the order. After some back-and-forth, the judge took the matter under submission. This means that he was going to take some time to make a ruling. The following week, we filed a supplemental brief on the TRO service and “subject to” issue. The DA also filed a supplemental brief.
On August 27, 2024, the court issued its ruling. We were the first win in OC!
The prosecutor had the burden of proving that our client is a prohibited person. Ultimately, the judge decided that our client is not a prohibited person, is eligible for a CCW license, and the Orange County Sheriff’s Department must proceed with processing his application.
Your California Firearms Rights Attorney
For tips on filling out your California CCW application, see our article here. These tips will help set your case up for success in case an appeal becomes necessary.
As of this writing, we are the only law firm in Los Angeles County and Orange County that has won a CCW application appeal hearing. This is a niche area of law, where you need experienced representation. Attorney Don Hammond is a shooting instructor, has represented clients in gun-related cases for over a decade, and now he won the first CCW application appeal hearing in both Los Angeles County and Orange County. He is also a Critical Response Attorney for the United States Concealed Carry Association and the Armed Citizens Legal Defense Network. If your CCW application has been denied, contact us today to explore the possibility of a CCW Application Appeal. Contact us today at 323-529-3660!
