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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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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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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
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#3
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Well... CGF: when you absolutely, positively have to sue every motherf***r in the room, accept no substitutes.
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Bill Wiese San Jose, CA CGF Board Member / NRA Benefactor Life Member / CRPA life member
No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. |
#4
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go team CGF!
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False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes. -- Cesare Beccaria http://www.a-human-right.com/ |
#5
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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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I'll bet you have more than 2k worth of guns and I'll bet you have no insurance coverage for them. PM me for help in protecting your investment for only a couple of bucks per year. |
#6
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Even Sheriffs with reasonable issuance policies have to follow the law.
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Brett Thomas - @the_quark on Twitter - Founding CGF Director and Treasurer; NRA Life Member; Ex-CRPA Director and Life Member; SAF Life Member; Peña Plaintiff |
#8
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Why are we charged sales tax for sponsoring? Hopefully I'm the first Solano County Sponsor .
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Proud Veteran Aerial Gunner - De inimico non loquaris sed cogites "A “right” entitles an individual to do something, and is not dependent on the graces of the government." - Alan Gura Ezell v. Chicago "The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding." - Justice Louis Brandeis Dissenting, Olmstead v. United States |
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"Who is the more foolish? The fool, or the fool that follows him?"-Obi Wan Kenobi 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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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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F-in A !
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WTB: SWISS & German police trade in pistols WTB: German made & proofed SIG P226R & P228R WTB: Factory cutaway pistols & rifles WTB: LAPD Ithaca M37 / CHP S&W / Other PD trade ins.... |
#17
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Tax issue fixed, sorry all!
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Brandon Combs I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead. My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer. |
#18
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You're more than welcome to keep that extra $9.75 .
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Proud Veteran Aerial Gunner - De inimico non loquaris sed cogites "A “right” entitles an individual to do something, and is not dependent on the graces of the government." - Alan Gura Ezell v. Chicago "The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding." - Justice Louis Brandeis Dissenting, Olmstead v. United States |
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Quote:
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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"Freedom begins with an act of defiance" Quote for the day: Quote:
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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. |
#22
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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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Coyote Point Armory 341 Beach Road Burlingame CA 94010 650-315-2210 http://CoyotePointArmory.com |
#23
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1/58...
County budgets are finite. Librarians or lawyers, you choose.
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Rest in Peace - Andrew Breitbart. A true student of Alinsky. 90% of winning is simply showing up. "Let's not lose sight of how much we reduced our carbon footprint by telecommuting this protest." 383green NRA Benefactor Member |
#24
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Quote:
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Coyote Point Armory 341 Beach Road Burlingame CA 94010 650-315-2210 http://CoyotePointArmory.com |
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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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240+ examples of CCWs Saving Lives. |
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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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Brandon Combs I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead. My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer. |
#27
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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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Coyote Point Armory 341 Beach Road Burlingame CA 94010 650-315-2210 http://CoyotePointArmory.com |
#28
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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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#29
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Can we nickname Jason Davis "Mr. Saturday Night Special?"
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Coyote Point Armory 341 Beach Road Burlingame CA 94010 650-315-2210 http://CoyotePointArmory.com |
#31
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This pleases me.
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#32
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Also, I love how the CCW denial branch of the flow chart says "Consult an Attorney"
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#33
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YES. It's about time my county gets sued!
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#34
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I don't like how the flow chart says nothing about part time residents...
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"Who is the more foolish? The fool, or the fool that follows him?"-Obi Wan Kenobi 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 |
#35
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They should be entitled to attorney's fees & costs, in addition to the documents...
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#36
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If one could afford one, sure.
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Proud Veteran Aerial Gunner - De inimico non loquaris sed cogites "A “right” entitles an individual to do something, and is not dependent on the graces of the government." - Alan Gura Ezell v. Chicago "The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding." - Justice Louis Brandeis Dissenting, Olmstead v. United States |
#38
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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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Brett Thomas - @the_quark on Twitter - Founding CGF Director and Treasurer; NRA Life Member; Ex-CRPA Director and Life Member; SAF Life Member; Peña Plaintiff |
#39
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I like to think of this as "kicking recalcitrant counties' *** in the cloud".
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Brandon Combs I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead. My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer. |
#40
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If you maintain a residence in the county you are a resident.
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Coyote Point Armory 341 Beach Road Burlingame CA 94010 650-315-2210 http://CoyotePointArmory.com |
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