California Firearm Training Facility License Defense Attorney
California Bureau of Security and Investigative Services License Defense Lawyer
The California Bureau of Security and Investigative Services, known as BSIS, licenses Firearm Training Facilities in the State of California. Most California Firearm Training Facilities have minimal or no contact with the enforcement arm of the California Bureau of Security and Investigative Services. For Firearm Training Facilities who become part of the California Bureau of Security and Investigative Services’ disciplinary process, the consequences are profound. The Firearm Training Facility License disciplinary process is complex, procedural and time consuming. Firearm Training Facilities facing the California Bureau of Security and Investigative Services disciplinary process should seek legal representation from an experienced California Firearm Training Facility License Defense Attorney.
California Bureau of Security and Investigative Services Investigation Defense Lawyer
The majority of California Bureau of Security and Investigative Services investigations begin with the filing of a consumer Complaint. However, California Bureau of Security and Investigative Services Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Bureau of Security and Investigative Services employs non sworn Program Representatives to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Firearm Training Facilities. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.
It is important to have an attorney that understands the California Bureau of Security and Investigative Services disciplinary process. At the conclusion of a California Bureau of Security and Investigative Services investigation, the Bureau has several options. The Bureau can choose to close the Complaint. The Bureau can choose to issue a Citation. The Bureau can also choose to refer the matter to the California Attorney General’s Office. The California Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Bureau may refer the case to the District Attorney’s Office for criminal prosecution.
If you are a Firearm Training Facility Licensee facing a California Bureau of Security and Investigative Services investigation, contact a California Bureau of Security and Investigative Services License Defense Attorney for representation.
California Firearm Training Facility License Accusation Defense Attorney
A formal Accusation served on a California Firearm Training Facility Licensee serves as notice to a Firearm Training Facility that the Bureau intends to revoke the Firearm Training Facilities’ License. The Firearm Training Facility, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Firearm Training Facility. A Default will result in the immediate Revocation of the Firearm Training Facilities License.
An Accusation is a serious matter that can result in the suspension or revocation of a Firearm Training Facility License in California. In many cases, it is possible for Firearm Training Facilities to reach a Stipulated Agreement with the California Bureau of Security and Investigative Services. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).
Firearm Training Facilities facing a California Bureau of Security and Investigative Services Accusation should contact an experienced California Firearm Training Facility License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Firearm Training Facilities include:
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California Firearm Training Facility License Hearing Attorney
The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.
The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Bureau of Security and Investigative Services can adopt, modify or reject the ALJ’s Proposed Decision. The California Bureau of Security and Investigative Services’ action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Firearm Training Facility to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Firearm Training Facility can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.
California Firearm Training Facilities facing a California Bureau of Security and Investigative Services Administrative Law Hearing need effective representation from a California Firearm Training Facility License Defense Lawyer.
California Firearm Training Facility License and Criminal Convictions
The California Bureau of Security and Investigative Services can discipline Firearm Training Facility owners, corporate officers and staff members for criminal convictions. California Bureau of Security and Investigative Services discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Firearm Training Facility owner, corporate officer or staff member. Common criminal offenses that can cause Firearm Training Facility License discipline are:
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The California Bureau of Security and Investigative Services and other law enforcement agencies also investigate criminal conduct by Firearm Training Facility staff members in the course and scope of their trade. Criminal investigations often involve Firearm Training Facility staff members engaged in Firearms Offenses. In serious criminal cases against Firearm Training Facility staff members pending in Criminal Court, the California Bureau of Security and Investigative Services and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Firearm Training Facilities’ staff members. A California Penal Code § 23 Order seeks to suspend a Firearm Training Facility License and bar staff members from facilities in Criminal Court.
Firearm Training Facility owners, corporate officers, and staff members facing criminal charges and Firearm Training Facilities who are convicted of criminal offenses need an experienced California Firearm Training Facility License Defense Attorney for representation in disciplinary proceedings before the California Bureau of Security and Investigative Services.
California Firearm Training Facility License Statement of Issues Attorney
The California Bureau of Security and Investigative Services thoroughly investigates all applicants for Firearm Training Facility Licenses. The California Bureau of Security and Investigative Services may deny a California Firearm Training Facility License for a variety of reasons. Most California Firearm Training Facility License denials occur due to criminal convictions, financial problems or misstatements on the Firearm Training Facility License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Firearm Training Facility License should contact a California Firearm Training Facility License Denial Lawyer for representation in a California Bureau of Security and Investigative Services Statement of Issues Hearing.
California Firearm Training Facility License Petition for Reinstatement Lawyer
A Petition for Reinstatement allows Firearm Training Facilities who have received a Firearm Training Facility License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Firearm Training Facility License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Bureau of Security and Investigative Services. A successful Firearm Training Facility License Petition for Reinstatement requires representation by an experienced California Firearm Training Facility License Defense Attorney.