Error and/or relief
A person may be ineligible for a concealed weapon permit if the person has been subject to any restraining order, protective order, or other type of court order issued pursuant to specified statutory provisions. There are exceptions, however, and the defendant fell within those exceptions. The emergency protective order expired, and he had not been given notice and was not given an opportunity to be heard before the emergency protective order was issued.
[Gary note: This is not exactly a criminal case. It was an appeal from a denial of application for a concealed weapons permit. I decided to include it, as it highlights the elements of time since the disqualifying event AND the requirement that the permitted person be notified of the expiry or termination of the permit. You may someday have a client facing a concealed weapons charge because of an expired or vacated permit, and it may be useful to be familiar with section 26202, so here it is.]Holding:
Penal Code section 26202 provides that an applicant for a permit to carry a concealed weapon shall be deemed ineligible under various specified circumstances, including where the person has been subject to any restraining order, protective order, or other type of court order issued pursuant to specified statutory provisions.
However, that ineligibility does not apply if that order expired or was vacated or otherwise canceled more than five years prior to the licensing authority receiving the completed application, or that order expired or was vacated or otherwise canceled and the applicant did not receive notice and an opportunity to be heard before the order was issued. The applicant defendant in this case falls under the latter exception–lack of notice and opportunity to challenge the order before the expired order was issued.
Authority:
PEN 26202