Initial Position of CSD

CSD's protest stated that the Commission has the legal authority to deny a request for a permit "if it is shown that the Applicant has committed any act of dishonesty or fraud; committed any act which, committed by a Permitholder would be grounds for a suspension or revocation of the Permit; misrepresented any material fact on the Application, or, committed a felony, or crime involving moral turpitude." (§ 5135(e).)

The protest recommends that the Commission deny Franklin a permit because (1) he has committed a crime that if committed by a permit holder would be grounds for denying a permit; (2) he has committed a felony, or a crime of moral turpitude, that would justify Commission rejection of his application because insufficient time has lapsed from the time of the offense to the date of the application; and (3) he has misrepresented material facts in his application. CSD attached to its protest a declaration containing Franklin's criminal record.