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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 10-18-2010, 1:22 PM
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Default CGF: Announcing Carry Initiative, Ventura County Suit

Calguns Foundation Announces Firearms Carry Licensing Compliance and Education Program

Files Lawsuit Against Ventura County Sheriff for Failure to Disclose Public Records


San Carlos, CA (October 18, 2010) - As part of a sweeping campaign to make firearm carry accessible to all law abiding Californians, The Calguns Foundation has announced the launch of its new carry license web portal and Carry License/CCW Compliance and Sunshine Initiative, intended to make carry-related information available to the public at one convenient location and bring local governments into compliance with state law. Included in this initiative is the launch of a new CCW flow chart and application process guide for applicants and sheriff’s departments. The new portal can be found at http://calgunsfoundation.org/carry.

"Detailed information about carry licensing, or CCW (Carry a Concealed Weapon), has historically been kept out of reach by the local authorities who issue carry permits," notes Calguns Foundation Director Brandon Combs. "Many Sheriffs don't want citizens to see to the current reality of the right to bear arms in their county. It's time that we hold these officials accountable." As part of the initiative, Calguns Foundation and its network of volunteers requested from each of California's 58 sheriffs carry license-related documents such as their policy, local forms, and application instructions as well as statements of “good cause” that lead to both granted permits and denials. "After reviewing a small sample of the records, we knew we had to make a real effort to clean up policies that violate state or Federal law across the state."

Visitors to the website will now be able to view county-specific pages that include contact information for their sheriff's office, an editable California Department of Justice standard CCW application form, and all carry license-related local materials. The pages will also incorporate a narrative of each county's progress in affecting policy compliance as well as a link to county-specific discussion threads at Calguns.net. In coming days, copies of each county's accepted "good cause” statements (redacted for applicant privacy) will be available for public inspection. Many applicants will find that their “good cause” has already been accepted by their sheriff.

Firearms owners may now sponsor carry policy reform in counties of their choice by making fully tax-deductible contributions at the new Calguns Foundation online storefront (http://www.cgfstore.org/). With each sponsorship, the donor will show their commitment to carry rights by having their name placed prominently in the "Supporters" section of each sponsored county page. County sponsorship will also be available to vendors for an additional donation.

Having found legal violations in nearly every county's policies and practices related to carry license issuance, The Calguns Foundation will be contacting each to request formal changes in order to bring them into compliance with applicable law and avoid costly litigation. "The California Legislature created uniform licensing procedures for sheriffs to keep carry licensing consistent across the State. Unfortunately, it's become quite the opposite with even firearms friendly sheriffs imposing illegal policies on the issuance of licenses," said Gene Hoffman, Chairman of the Calguns Foundation.

To develop this site, Calguns Foundation requested copies of all CCW applications and their outcomes since January 1, 2007, from the 58 sheriffs. "We want the public to know how each California sheriff determines 'Good Cause' and 'Good Moral Character,’' their only areas of discretion under existing law. There is a substantial public interest in this information since the right to bear arms hinges squarely on these standards, which currently vary from county to county," said Gene Hoffman. “We believe that after the McDonald v. Chicago Supreme Court case, the Second Amendment right to bear arms requires that “good cause” be interpreted as ‘self defense’ and ‘good moral character’ be interpreted as ‘not prohibited from possessing firearms.’ We have already filed a federal lawsuit entitled Sykes v. McGinness challenging the constitutionality of unfettered discretion in carry licensing in Sacramento and Yolo County.”

Calguns Foundation v. Ventura County


Some local authorities are attempting to stall the initiative. In response to a request made in July, Ventura County Sheriff Bob Brooks chose to withhold public records despite a 1986 California Supreme Court case (CBS, Inc. v. Block), which held that such records are subject to disclosure under the California Public Records Act. After several attempts to persuade the Ventura County Sheriff’s Office to follow long-established California law and make their records available for the public, Calguns Foundation was forced to file a lawsuit last Friday in Ventura County Superior Court. The lawsuit seeks a court order to compel Ventura's full compliance with the Public Records Act.

"I am not sure what they are hiding, but Ventura's suppression of records previously held by the courts to be public should concern all those who expect accountability from public officials," said Mr. Jason Davis, who brought the case on The Calguns Foundation’s behalf. "This is the first in a potential string of lawsuits to be filed against local agencies should they continue to disregard the public's interest in their carry licensing programs. Not only does the Act require these authorities to release the information, the very application Sheriff Brooks refused to produce reminds applicants that the applications are public records which could be disclosed upon request. It makes no sense for counties to fight losing battles in these tough economic times."

___
For more information on this and other Second Amendment issues, please visit www.calgunsfoundation.org.

The Calguns Foundation (http://www.calgunsfoundation.org) is a 501(c)3 non-profit organization which serves it's members by providing Second Amendment-related education, strategic litigation and the defense of innocent California gun owners from improper or malicious prosecution. The Calguns Foundation works to educate government and protect the rights of individuals to acquire, own and lawfully use firearms in California.


Contact:
Gene Hoffman
650-275-1015
hoffmang@calgunsfoundation.org
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  #2  
Old 10-18-2010, 1:23 PM
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Awesome. One brick at a time. Nice flowchart.

Last edited by berto; 10-18-2010 at 1:26 PM..
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Old 10-18-2010, 1:27 PM
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Awesome. One brick at a time. Nice flowchart.
Well... CGF: when you absolutely, positively have to sue every motherf***r in the room, accept no substitutes.
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Old 10-18-2010, 1:27 PM
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go team CGF!
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Old 10-18-2010, 1:28 PM
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Default Ventura

This seems like a funny place to start. We are fairly ccw friendly in this county. Plus, the current sheriff is on his way out. Oh well...
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Old 10-18-2010, 1:30 PM
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Originally Posted by Too Slow View Post
This seems like a funny place to start. We are fairly ccw friendly in this county.
Even Sheriffs with reasonable issuance policies have to follow the law.
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  #7  
Old 10-18-2010, 1:33 PM
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sawweeeeeeeeeeeeeeeeeeeeeeeeet! good to see my money at work!
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  #8  
Old 10-18-2010, 1:33 PM
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Why are we charged sales tax for sponsoring? Hopefully I'm the first Solano County Sponsor .
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Old 10-18-2010, 1:34 PM
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the question here is not whether the carrying of arms is a good idea—the question is
whether carrying arms is constitutionally protected. Objective standards and due process—not
Defendants’ philosophy or personal beliefs about the value of this activity—must carry the day-Alan Gura
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Old 10-18-2010, 1:34 PM
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Beautiful.

Thanks CGF.
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  #11  
Old 10-18-2010, 1:35 PM
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I just wet myself.
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Old 10-18-2010, 1:36 PM
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Squee
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Old 10-18-2010, 1:37 PM
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~~~~~~~~~ CGF ~~~~~~~~~~




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Old 10-18-2010, 1:38 PM
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Quote:
Originally Posted by Too Slow View Post
This seems like a funny place to start. We are fairly ccw friendly in this county. Plus, the current sheriff is on his way out. Oh well...
Unless an acceptable reason for issuance is self defense, then we aren't friendly enough. Combined with the fact the incoming sheriff has publicly stated he won't change anything, and it works out nicely.
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Old 10-18-2010, 1:39 PM
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F-in A !
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Old 10-18-2010, 1:39 PM
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Well alright! So two weeks before Sandra Hutchens issues permits for "self defense" right?
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  #17  
Old 10-18-2010, 1:40 PM
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Tax issue fixed, sorry all!
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Old 10-18-2010, 1:43 PM
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Tax issue fixed, sorry all!
You're more than welcome to keep that extra $9.75 .
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Old 10-18-2010, 1:44 PM
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Well... CGF: when you absolutely, positively have to sue every motherf***r in the room, accept no substitutes.

So true that I even sig-lined it!

Now we need to start seeing some successful criminal prosecution of some of these sheriffs for the crap they're pulling. A conviction or 2 might make the rest sit up and take notice. Losing the taxpayers money in civil court is a far cry from losing your personal freedom in criminal court.
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  #20  
Old 10-18-2010, 1:44 PM
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Wow, I like the way this sounds.

We're showing the sherriffs exactly how we're going to kick their butts in court if they don't go shall-issue.

I like the store. Could you bring one of those safe magnets to the Nordyke event? I would like to buy one.
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  #21  
Old 10-18-2010, 1:48 PM
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Looks good. Does this mean we should all start applying to the counties not very likely to issue?
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  #22  
Old 10-18-2010, 1:50 PM
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Congrats. Nice to see all this happening. I sure hope that all law abiding citizens in CA can soon defend themselves.
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  #23  
Old 10-18-2010, 1:50 PM
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1/58...

County budgets are finite.

Librarians or lawyers, you choose.
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  #24  
Old 10-18-2010, 1:51 PM
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Looks good. Does this mean we should all start applying to the counties not very likely to issue?
see this thread: http://www.calguns.net/calgunforum/s...d.php?t=353115
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Old 10-18-2010, 1:52 PM
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CGF reminds me of a boa constrictor slowly wrapping its coils around and squeezing the lawlessness out of anti sheriffs.

This is one squeeze. Winning strict scrutiny with Nordyke will allow another squeeze. Winning Peruta or Sykes will allow another squeeze. . . .
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Old 10-18-2010, 1:52 PM
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Looks good. Does this mean we should all start applying to the counties not very likely to issue?
Not yet, but we will be phasing in each county as their acceptable good cause statements are available, and also as the policy compliance portion corrects any deficiencies.
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Old 10-18-2010, 1:52 PM
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1/58...

County budgets are finite.

Librarians or lawyers, you choose.
Politicians will almost always choose to hire lawyers and cut librarians. Cutting the lawyers wouldn't cause their residents enough pain to approve yet another tax.
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Old 10-18-2010, 1:53 PM
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Speechless, just speechless, as I watch the first large warning shots being fired simultaneously all across the state.. "Good job guys" somehow just doesn't begin to cut it.


All the CLEO kept telling each other that as far as their CCW policies go.

But now, CGF has let the hammer drop on them

Soon we will Party
But until then, we will salute the combined efforts of CGF and Jason Davis and wait to see ..... if they really want to tackle us in court,
let alone Mr. McDonald v. Chicago (and Sykes) himself, Mr. Gura.
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Old 10-18-2010, 1:54 PM
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Can we nickname Jason Davis "Mr. Saturday Night Special?"
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Old 10-18-2010, 1:55 PM
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Outstanding! I love it!

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Old 10-18-2010, 1:56 PM
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This pleases me.
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Old 10-18-2010, 1:57 PM
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Also, I love how the CCW denial branch of the flow chart says "Consult an Attorney"
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Old 10-18-2010, 1:58 PM
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YES. It's about time my county gets sued!
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Old 10-18-2010, 1:58 PM
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I don't like how the flow chart says nothing about part time residents...
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Old 10-18-2010, 2:01 PM
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Quote:
Originally Posted by Too Slow View Post
This seems like a funny place to start. We are fairly ccw friendly in this county. Plus, the current sheriff is on his way out. Oh well...
Ventura is witholding documents requested in a Public Records Act request, they have filed suit to compel their release...

They should be entitled to attorney's fees & costs, in addition to the documents...
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Old 10-18-2010, 2:02 PM
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Quote:
Originally Posted by wash View Post
Also, I love how the CCW denial branch of the flow chart says "Consult an Attorney"
If one could afford one, sure.
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Old 10-18-2010, 2:02 PM
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Thank you CGF.
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Old 10-18-2010, 2:02 PM
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Our expectation of where this goes: Over the next bit, we'll be posting the redacted good cause statements from the counties that have complied with the law.

Once that happens, residents of those counties will be able to use those good cause statements to evaluate their chances of qualifying. For example, counties that issue only to people who are (say) diamond brokers probably won't have much for most of you, but counties that (say) issue to folks who like to go for long walks in the hills will probably issue to most people.

Those of you who signed up, we'll be reaching out to contact you as we begin future phases of this operation, on a county-by-county basis. Part of why we cast the net so wide is that we don't yet know where we will need people, and we want to be able to respond quickly to new opportunities.

In the interim, if you decide to apply for a CCW in any county, please hit that county's page on calgunsfoundation.org. There's a link back there to a CGN forum thread where you can post information about where you are in the process, how it's going, what good cause you used, etc.

We're very interested in finding out what the policies are these Sheriffs are using in actual practice - for example, do they have an arbitrary limit for the number of firearms that may be licensed? Are the fees beyond what's allowed by statute? Do they make you do a LiveScan before they accept your "good cause?"

Bottom line: In general, you should be waiting for the good cause statements in your county and further instruction before proceeding. However, if you're already in process on a 12050 carry license application, or have an existing granted license, we'd love to hear about your experiences in the per-county threads, and we'll be giving more instructions to folks as we get more of the documents up and move into the next phase.

At the very least, our goal is to "open source" knowledge about what counties do with 12050 licenses. It's my personal opinion that a lot of California counties are de facto "shall issue", in that they issue carry licenses for "good cause" that most citizens have (even if they don't officially allow "self defense" as one of them). One of the big goals here is to get that information out in the community so as many people as possible can take advantage of it.
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Old 10-18-2010, 2:04 PM
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wildhawker wildhawker is offline
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I like to think of this as "kicking recalcitrant counties' *** in the cloud".
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Old 10-18-2010, 2:04 PM
dantodd dantodd is offline
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Quote:
Originally Posted by J.D.Allen View Post
I don't like how the flow chart says nothing about part time residents...
If you maintain a residence in the county you are a resident.
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