Its about DAMN TIME!!!!

Hardway

Very Active Member
Messages
2,838
I urge all you guys to take a look at Calguns website and inform yourselves of whats been happening on the legal front concerning our second amendment rights. For a change its GOOD news, with the recent victory of the Heller case and the even more recent victory in the Nordyke vs Alameda Co case we as lawfull gun owners have the fuel to get our rights back. In about the last 10 days 2 seperate lawsuits have been filed on our behalf. The 1st challenging the california safe gun roster, and the second is a challenge against the current Concealed carry laws........ This is a big deal, and I really think we have a chance :)



CCW: SAF, Calguns Challenge Arbitrary Denial of Right to Bear Arms In California

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BELLEVUE, WA and REDWOOD CITY, CA ? The Second Amendment Foundation, The Calguns Foundation and three California residents today filed a lawsuit seeking to vindicate the right to bear arms against arbitrary state infringement.

Nearly all states allow qualified law-abiding citizens to carry guns for self-defense, but a few states allow local officials to arbitrarily decide who may exercise this core Second Amendment right. In the action filed today, Plaintiffs challenge the policies of two California Sheriffs, in Sacramento and Yolo counties, who reject the basic human right of self defense by refusing to issue ordinary people gun carry permits. Of course, violent criminals in the impacted counties continue to carry guns without police permission.

State scientist Deanna Sykes believes her sexual orientation and small stature makes her an appealing target for criminals, particularly as she often transports firearms as a competitive shooter and firearms instructor. ?I am highly qualified to defend myself against the sort of crime that the Sheriff cannot, despite his best efforts, completely eradicate,? Sykes said. ?Violent crime is a real risk in our society, but happily, we enjoy the right to defend ourselves from it.?

Andrew Witham has over 15 years experience as a police officer in Britain, and is licensed to carry a firearm while working as a private investigator and campus public safety officer. But despite having been the target of death threats stemming from his work in security, Sheriff John McGinness saw to it that Witham?s license to carry a gun while away from work was revoked upon Witham?s relocation to Sacramento.

?I'm allowed to defend other people,? said Witham, ?so why can't I defend myself, where the Bill of Rights guarantees me that right??

Adam Richards, a Northern California attorney, would also exercise his right to bear arms in self- defense. But the Yolo County Sheriff?s policy on gun permit applications is: don't bother. ?How can the Sheriff tell whether I am capable of responsibly exercising my Second Amendment rights, when he doesn't even acknowledge that these rights exist??

Attorney Alan Gura, representing the plaintiffs in this case, said, ?It's a shame that these Sheriffs don't think that self-defense is a ?good cause? to exercise the right to bear arms, but we're confident the Second Amendment reflects a better policy.?

Added co-counsel Donald Kilmer, ?The California carry licensing system is being abused by some officials who are hostile to self-defense rights. The police can regulate the carrying of guns, and that includes preventing dangerous people from being armed. Complete deprivation of the right to bear arms, however, is not an option under our Constitution.?

?The Supreme Court's decision last year in the Heller case shows that there is both a right to keep arms and a right to bear arms,? said SAF founder Alan Gottlieb. ?In most states, authorities do not deny a license to carry an operable firearm to any law-abiding applicant that completes training and a background check. This is also the practice throughout much of California. These two Sheriffs must respect the constitutional rights of their citizens to bear arms.?

?California is often a leader in so many ways, but our state lags badly in streamlining its firearms laws,? said Gene Hoffman, Chairman of The Calguns Foundation. ?We need 21st century gun laws that respect our Constitutional rights, and adopt modern, widely accepted practices that work well throughout the United States. Hopefully this action will serve as a wake-up call to our legislators, and to those officials who stubbornly resist accommodating Second Amendment rights. If they don't reform, reform will come through litigation.?

The Second Amendment Foundation (www.saf.org) is the nation?s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

The Calguns Foundation (www.calgunsfoundation.org) is a non-profit legal defense fund for California gun owners. The Calguns foundation works to educate government and the public and protect the rights of individuals to own and lawfully use firearms in California.

"A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
 
i hate double post!

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Rackmaster
 
LAST EDITED ON May-06-09 AT 01:04AM (MST)[p]I have just over 400 posts on Calguns. There is some good info over there. Its too bad AB375 is dead in the water but mabe this will shove it down the antis piehole. }>



Kyle
"If it moves shoot it again"

goa_ban1.png
 
That's good news Hardway. I've always felt that every citizen should have the right to carry until proven that they don't. Not the other way around.

RACK, I hate people who hate double posts.:)

Eel

49d778ac3681054a.jpg
 
This crap of certain county sheriffs deny CCW rights has been going on for a long time. A lot of it starts with the CA. Sheriff's Assoc. that every county sheriff is a member of.
One of the sheriffs I worked for attended his first meeting of the Assoc. after being elected sheriff. He came back from that meeting with the ideal of stopping giving out CCWs to citizens based on information from that Assoc. that they should curtail any CCWs due to the fact they could be sued if a CCW holder misused his firearm and committed a crime.
Lucky for the sheriff I worked for, the sheriff in a adjoining county, who also attended that Assoc. meeting, did curtail giving out any more CCWs. He was almost recalled by the voters until he relented and started issuing CCWs again. He also lost the next election.
The CA. Sheriff's Assoc. and Chief of Police Assoc. is very anti gun and preach their anti gun sermons to their members.
This is why you have more elected sheriffs and Chief of police members that are anti gun and the street cops that work for them is by far in the majority of being pro gun.
I have very little respect for either organization based on their views of violating the rights of the citizens in the state of CA. This is something to keep in mind when you vote for a sheriff in your county at election time.

RELH
 
>i hate double post!
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49f290a211ec7780.jpg

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>Rackmaster

Hey Rack, as a fellow Californian I figured you would understand the importance of getting the message out. We need to draw as much attention as possible.

"A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
 
It seems they removed that blog very fast. Could not locate it even doing a search on their site.

RELH
 
>It seems they removed that blog
>very fast. Could not locate
>it even doing a search
>on their site.
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> RELH

Robert, I'll be damned. It was still active when I posted it. Heres the text.....





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May 6, 2009 4:51 PM
Lawsuit Seeks Stronger Gun Rights For California Citizens
Posted by Declan McCullagh | 10





(AP)

In theory, law-abiding Californians who undergo a criminal background check and pass a government training course can receive a permit from their local sheriff to carry a concealed firearm.

But in practice, many California counties flatly deny permits to residents who meet the requirements for a concealed carry permit -- a situation that a lawsuit filed in federal court in Sacramento on Tuesday hopes to remedy.

The lawsuit filed by the Second Amendment Foundation and the Calguns Foundation says the routine denials of concealed carry permits violate the right to bear arms protected by the Second Amendment to the U.S. Constitution.

One of the plaintiffs is Deanna Sykes, a lesbian and a firearms instructor who says she believes her sexual orientation and small stature make her a target for criminals. Another is Andrew Witham, a private investigator and campus public safety officer, whose local sheriff denied his request to carry a handgun while away from work.

The case "presents a very simple legal issue: people have the right to bear arms," Alan Gura, a Virginia attorney representing the plaintiffs, told CBSNews.com on Wednesday. "The state is able to regulate that right, but it cannot arbitrarily deny the right to bear arms based on the whims of local officials. The current law has absolutely no standards to it, and some local officials regrettably abuse their discretion. They decide self-defense is not a valid reason to deny the gun carry permit."

Section 12050 of California law says that "the sheriff of a county, upon proof that the person applying is of good moral character" may issue a concealed carry permit. Californians who carry a concealed weapon without a license are subject to criminal penalties including fines and a one-year jail term. (Nearly every state has some form of concealed carry laws, with 36 states saying that sheriffs must issue them by default, and two states -- Alaska and Vermont -- require no advance permission.)

What the pro-gun rights groups that filed this lawsuit hope to do is apply the U.S. Supreme Court's reasoning in the landmark D.C. v. Heller case decided last year. Even though Heller focused on the firearm restrictions of the nation's capital, by recognizing a constitutional right protecting individual possession of firearms, the justices expressed a dim view of sweeping prohibitions on Americans' Second Amendment rights.

Gura said that he knew of no case filed since the Supreme Court's decision that has led to a definitive ruling about how Heller applies to concealed carry permits.

A map prepared by the CalCCW.com site shows that the more liberal counties around San Francisco and Los Angeles tend to be the ones that deny permits to regular citizens. A 2007 report from the state of California shows that the county of San Francisco, for instance, issued only six permits that year -- while the rural, wooded, and far less populous county of Shasta issued 2,306 permits.

A bill titled AB 357 introduced in the California legislature in February would remove some discretion from local officials if the applicant for a permit qualified for one. (The city of Davis, for instance, tells applicants: "An evaluation and comparison of our current services to available resources has forced us to discontinue processing and issuing CCW [Carry Concealed Weapon] licenses. I apologize for the inconvenience this action will cause you.")

Last month, the 9th Circuit Court of Appeals ruled that the Fourteenth Amendment -- which required states to offer freedoms found in the Bill of Rights such as a jury trial -- protects an individual right to keep and bear arms. That decision is important because it means extreme state laws violate the Second Amendment as much as extreme federal laws would, and it is binding on the Sacramento court where the lawsuit was filed this week.

Representatives of the defendants in this case, Sacramento county and Yolo county, did not immediately respond to a request for comment on Wednesday.



"A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
 
LAST EDITED ON May-07-09 AT 03:10AM (MST)[p]Thanks for posting that infro. I happen to know both sheriffs involved and I can assure you they are pissing in their wheaties for anyone daring to question their judgement.
You may remember the Afro-American that was brought in from Ill. and made the police chief in L.A. after Darrel Gates retired. The same Afro-american who lost his job after the big shoot-out with the two bank robbers and the cops were out gunned due to this chief's reluctance to properly arm his cops with rifles.
When he was first hired, the CA. Peace officer's Standard Training, P.O.S.T. did not recognize his out of state police training. As a result he could not carry a concealed firearm since he had no police officer powers. The city of L.A. granted him a CCW when they were refusing to grant any to regular citizens.
This resulted in a lawsuit by several citizens who had been refused CCWs. The lawsuit was dropped after the city agreed to start issuing about 2500 permits per year. The city attorneys told the city council that if the lawsuit continued, the city would loose millions of dollars in civil court and would have to issue the permits on top of the money judgement.
I hope this lawsuit goes all the way in the courts, and not have another behind the scene settlement and other agencies get to continue their violation of citizen's rights to protect themselfs.

Orange County had a similar problem on CCW's There the sheriff would issue you one if you were a important politician or movie star, but to hades with regular Joe citizen. He also got sued and if I remember right he and the county lost that lawsuit for his discrimination on issuing permits. This was about the same time as the L.A. lawsuit.

RELH
 
Robert, I hope it goes all the way too. A quick settelment would be nice, but a full blown case with a victory would provide much needed case law and set precedent for future battles.
In my county (stanislaus) our sheriff is mediocre at best when it comes to ccw's. My wife and I both believe we have good cause and have been preparing our apps, but 2 weeks ago the sheriff's website say's they are "no longer accepting ccw app's due to budget and staffing problems"
I sure hope this goes through, I hear in "shall" issue states it almost as easy as buying a hunting license :)


"A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
 
Hardway;

That "budget and staffing problems" is a ruse to avoid issuing CCWs. Your sheriff does not have the brass ones to admit that he does not believe in the citizens being armmed.
Under the last sheriff I worked for, I was in charge of the CCW program and made the decision if a person received or did not receive a permit.
The biggest problem was the range time we required in order to show that the person was proficient in the use of a firearm. We got around that by having them taking the firearm firing course at the local college where they offered criminal justice training including firearms training. Another option is using volunteers or a reserve officer that is proficient in firearms to run that aspect of the training.
The rest is nothing but routine paper filing work and submitting to DOJ for a records check.
You need to apply pressure to that sheriff in the form of votes at election time and I am sure you will see a change in his CCW policy very fast. Get support from members of local shooting clubs and start a letter writing campaign to the local paper's "letters to the Editor".
You will get his attention very fast.

RELH
 

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