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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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Daly City pays 40K to Settle SetterArms Suit!
Another win for Michel & Associates AND a nice settlement check!
Daly City Pays $40,000 in Settlement with Local Gun Shop On Tuesday, July 18, the City of Daly City agreed to pay $40,000 to settle a lawsuit challenging the City’s decision to deny a conditional use permit application to the City’s only firearm repair shop, SetterArms. As reported in 2015, the Daly City Council Planning Commission voted 5-0 in favor of the application. NRA and CRPA attorneys also submitted a letter in support of the application. But despite the Planning Commission’s unanimous support and support from local residents, the City Council voted 3-2 to deny the application, largely a result of anti-gun Councilmember David Canepa’s opposition. That action prompted a lawsuit alleging violations of equal protection, due process, and deprivation of civil rights under the United States Constitution, which has now resulted in settlement. The complaint highlights how Canepa initially delayed a vote on the application because, in his view, residents had not been provided adequate notice of the hearing. But residents had been provided adequate notice, as confirmed in a report from City staff. It was later discovered through a public record request that Canepa used the delay to contact Julie Leftwich, Legal Director for the Law Center to Prevent Gun Violence—one of the nation’s largest anti-gun organizations. As he stated in his email, “Hi Julie, I really need your help on an issue here in Daly City regarding a potential firearm store opening up on the East Side of Daly City . . . If we can do a conference call on this item this week it would be much appreciated.” He would later email the Law Center again seeking “assistance,” stating “Yes I need help !!” What’s more, Canepa also requested the Daly City Police Department to look into and provide him with any potential negative information regarding the criminal and financial history of the owner of SetterArms. The owner of SetterArms, Todd Settergren, is a former U.S. Army Captain who honorably served his country, and an honorably retired San Francisco State University Police Officer who was awarded the Life Saving Medal for heroically saving a citizen from a burning building. It should not come as a surprise to anyone that a large number of people suddenly appeared to oppose the application during the “postponed” meeting. Having obtained the “help” he needed, Canepa and two other Daly City Councilmembers voted to deny SetterArms a use permit. But it doesn’t end there. Attorneys for SetterArms immediately sought a copy of the “administrative record” regarding the City Council’s decision. But it was later discovered that many of the documents contained in this record, which was allegedly used by the City Council in making its decision, was not provided to Councilmembers prior to the meeting, let alone was there any indication that they were even reviewed prior to a decision. Clearly, the “fix” was in. Canepa’s blatant bias should serve as a warning to City’s seeking to deny lawful business owners an opportunity to make a living. Hopefully other anti-gun jurisdictions will get the message that this type of behavior is unacceptable, and will only lead to substantial financial liability. Local Ordinance Project NRA and CRPA’s efforts in opposing local actions such as this are made possible by the Local Ordinance Project (“LOP”), a joint-effort to actively monitor local government proposals that threaten the right to keep and bear arms. NRA/CRPA LOP has been in place for over 20 years. LOP’s coalition partners include local gun rights organizations, individual activists, businesses, local government officials, and law enforcement professionals. NRA/CRPA LOP efforts typically include the preparation of policy and legal opposition letters, pre-litigation demand letters, coordination of grassroots activists, public information campaigns, and appearances at city council or board of supervisor meetings. In many instances, these efforts have convinced local governments to vote down proposals or pull them from consideration. LOP also serves as the foundation for NRA and CRPA litigation efforts against local jurisdictions that enact anti-gun legislation. You can support LOP and our other pro-Second Amendment efforts in California by donating to the California Rifle & Pistol Association Foundation (“CRPA”). CRPAF is a 501(c)(3), so contributions are tax-deductible. Or donate to the NRA Legal Action Project. All donations will be spent to specifically benefit California gun owners. CRPA Grassroots Outreach The blatant disregard towards SetterArms, by Canepa and Daly City, is further evidence that the Second Amendment is constantly under attack. Although SetterArms walked away winners, the fight to protect our rights is far from over. CRPA Grassroots needs your help to defend the Second Amendment in California. Advance the cause - be a part of the movement - take our state back. For more information email contact@crpa.org. Thank you for your continued support and please share this message so that others can join us in this critical fight for freedom.
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NRA Benefactor Life Member / CRPA Life Member / SAF Life Member Calguns.net an incorported entity - President. The Calguns Shooting Sports Assoc. - Vice President. The California Rifle & Pistol Assoc. - Director. DONATE TO NRA-ILA, CGSSA, AND CRPAF NOW! Opinions posted in this account are my own and unless specifically stated as such are not the approved position of Calguns.net, CGSSA or CRPA. |
#6
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Great news!!!
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#7
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What about plaintiffs attorney fees?
Or was this pro bono on Michel's part? .
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The deterioration of every government begins with the decay of the principles on which it was founded. Charles-Louis de Secondat (1689-1755) Baron de Montesquieu In America, freedom and justice have always come from the ballot box, the jury box, and when that fails, the cartridge box. Steve Symms, ex-U.S. Senator, Idaho |
#10
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Is this somehow criminal on Canepa's part? What a douche!
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The thief does not come except to steal, and to kill, and to destroy. I have come that they may have life, and that they may have it more abundantly. John 10:10 iTrader: https://www.calguns.net/calgunforum/....php?t=1888351 |
#11
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$40,000 seems kind of low considering all the time and expense. Is this just punitive damages or did DC have to cough up plaintive legal fees as well?
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NRA & CRPA member semi-docile tax payer amateur survivalist Nolite te bastardes carborundorum! |
#12
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Why wasn't it $4.5mm? Or some silly number? Does the lcav or whatever care about $40k?
I sincerely mean great!!! For plaintiffs. But. 40?
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#13
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This saga played out blocks from my house (I live in SF but right on the DC border). Settergren was set to open a small shop off the street on Mission in a largely commercial area (some auto businesses, a few places to eat, a Gracie Ju-Jitsu school, etc.) It was perfectly appropriate and SF/DC gun owners were looking forward to a shop that could actually do gunsmithing in the area (there is nothing around here since Frank Tabor retired).
There was little talk of it other than when it would open. Then, David Canepa was elected in 2014, and the plot thickened. I went to a few of those city council meetings. His arguments revolved around the high school, Jefferson, which was about two blocks north of the potential shop. The arguments were so inane and ridiculous as to be funny. Kids would have access to guns was basically the logic. This, despite the fact that there are about 5 auto body shops along that same span, where chemicals and tools are just lying around openly without any supervision. Local printed flyers warning of the evil gun merchant selling kids guns appeared all over the place in 2015, for months every business had a packet sitting on the counter urging people to sign and prevent the shop. DC Tire, a good business I have been using for years, had one. I know the owner (who is a gun owner) and asked why the hell he had it in there. He said he was afraid the city would target him if he didn't have it sitting in his waiting area. Glad to hear there was at least some recompense to Settergren. This was a complete joke and all opposition to the business was pushed by outside political entities and focused on the school and it's interaction with a business that had no advertisements, no outside sign of any firearms related information, and was off the street. This in a combo industrial/ auto body area where kids could steal paint right out of the front of any of these businesses and hurt themselves far more than any gated non-entry gun shop.
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40k is nothing and the City will use insurance. Part of the "charm" of LCAGV (or whatever they are calling themselves this week) is they offer pro bono draft regs, legal counsel, etc. Gun control advocates looking for an issue to ride invite them in and they pull shenanigans. (Look at Pleasant Hill for a true Game of Thrones scenario where the "good guy" Council member was denied his turn at Mayor for bucking the anti's). There is no way for us to keep up because we are always playing defense and lawsuits take time.
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Proud CGN Contributor USMC Pistol Team Alumni - Distinguished Pistol Shot Owner of multiple Constitutionally protected tools |
#18
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Meanwhile, mercenaries like FGG demand a paycheck. You want to know why we're losing?
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The Rifle on the Wall "“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamala Harris Lawyers and their Stockholm Syndrome |
#19
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There is no victory in this for Michel and Associates, nor for Setter Arms.
A $40,000 settlement is a "Nuisance Settlement." It's a token payment to make the lawsuit go away, or as it's often labeled "A Business Decision." If Michel handled the lawsuit on common contingency terms, Setter Arms would get about $26,000. About $8,000 of that would go to taxes, leaving Setter Arms about $18,000. They lost their business over this. How many business folks out there would give up their business for $18,000?
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If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life. |
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At least Michel goes pro-bono on a few things.
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#22
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Sure, it is a win - but in the grand scheme of things and considering what we face in this state, it feels about as good as winning $2 on a lottery scratcher. Unless this guy completes the mission and opens in Daly City, this is a full on loss. Last edited by SkyHawk; 08-10-2017 at 9:44 PM.. |
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#26
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If your gonna try to open a gun store, without going into detail, this guy chose the wrong way. Glad he recouped some of his initial start up costs. |
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#28
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All I'm saying is that he did it backwards. Getting the needed licensing guaranteed prior to signing a lease and commencing with construction is imperative when trying to open a gun store in this state. In other words it's really hard to do if you don't have guidance or the real knowledge of how to navigate the process. The process in place makes it almost impossible to open a new store in urban and suburban areas. |
#30
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Everyone should know that this lawsuit was made possible in the first place because of the NRA. Without their support, this case would never have gotten off the ground. Nor would we know the extent to which David Canepa went to deny SetterArms a use permit.
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NRA Certified Instructor- Pistol, Rifle, PPITH, PPOTH, Metallic Cartridge Reloading, Home Firearm Safety, Refuse to be a Victim NRA Range Safety Officer NRA Patriot Life Member - Benefactor Level CRPA Life Member CGN/CGSSA Contributor |
#32
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Meanwhile....Big 5 and Dick's continue to sell lots firearms and ammo in Daly City without any harassment or infringements by DC whatsoever. Too bad for the little guy I guess.
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NRA & CRPA member semi-docile tax payer amateur survivalist Nolite te bastardes carborundorum! |
#33
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is there any legal ground to sue David Canepa himself?
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#34
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Likely not. Politicians always Cover Their Own A**es with some type of immunity. From civil or criminal repercussions.
Making them the only class of "UNTOUCHABLE" Criminals. |
#35
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Hey all,
Setterarms has updated there hours again. We are open Wednesday 12-7 Thursday 12-7 Saturday 10-4 We take lunch in the middle. We changed the hours because of the lack of customers coming on the other days that we use to be open on. Also we are currently looking to permanently close on December 31m which means we will be be no longer accepting any sales or transfers after the first week of December. Summer was horrible for us and sales have not been there. Our location doesn't help either because our landlord won't let us put up any advertising on the street. So depending on sales we will possibly be closing. This saddens and angers me at the same time. If we do have enough business we are trying to move to a much bigger place so we can gunsmith again in Walnut Creek, unless we can find a location in Colma. If you are having a hard time finding me we are on 2065 North Broadway. Across the street from the Post Office above Tulio's resturant on the second floor in suite 202. You can park in the back of the building for free. Our Transfer fee is $80 (which includes DROS) PPT $35 Hope to see you in the shop. |
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:: Watch my gun and ammo product reviews Moondog Industries and gadget reviews Moondog R&D | NRA CRSO | NRA Life Member | Coyote Point Rifle & Pistol Club Webmaster | www.MoondogIndustries.com |
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