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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 03-24-2011, 5:18 PM
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Default CGF Supported: Scocca v. Smith (Santa Clara Carry Equal Protection, Sunshine)

SAN JOSE, CA – Tom Scocca, The Calguns Foundation, and The Madison Society have filed a lawsuit seeking to compel Santa Clara County Sheriff Laurie Smith to respect the equal protection rights of carry license applicants and conform her carry license policies to state law.

Tom Scocca is a Director of Security Risk Management at a large Silicon Valley semiconductor business. Mr. Scocca has "good cause" that is directly comparable to many of the 70 applicants who have successfully received carry permits in Santa Clara County. Further, Mr. Scocca experienced first hand the effect of unlawful policies that members of Calguns Foundation and The Madison Society experience when attempting to apply for a carry permit from Sheriff Smith.

Tom Scocca faces real threats in performing his job. His work requires him to investigate intellectual property compromise and the theft of valuable company property. Though he is licensed by the state of California to openly carry a firearm, he needs to be able to investigate without raising suspicion. “I've been in law enforcement in the past and am trusted by California to carry a loaded firearm,” Scocca said. “However, even though my good cause is equal to or more worthy than many other applicants who have had their licenses issued, Sheriff Smith arbitrarily denied my application.”

Attorney Don Kilmer, representing the plaintiffs in this case, said, “It’s a shame that Sheriff Smith doesn't take the Constitution seriously. This case really isn't about guns, it is about treating citizens fairly and equally while following California Law.”

“Sheriff Smith has to implement a carry license application process that follows California law and treats similarly situated applicants equally,” said Gene Hoffman, Chairman of The Calguns Foundation. “It is especially troubling that a Sheriff would operate a license process in ignorance of state law and binding court precedent.”

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.

The Madison Society (www.madison-society.org) promotes and preserves the Constitution of the United states through education and litigation. The Madison Society specifically focuses it's litigation efforts challenging laws, ordinances, regulations, and any other restrictions and infringements on the right of citizens to "keep and bear arms."

A copy of the complaint is available:
http://www.archive.org/download/gov....238467.1.0.pdf

Mr. Scocca, CGF, Madison, and Don Kilmer would like to thank Preston Guillory for his assistance in developing this case.

-Gene
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  #2  
Old 03-24-2011, 5:28 PM
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GREAT NEWS!!! Stirring things up in "the Belly of the (anti) Beast" (SF Bay Area).

CGF and the Madison Society on the move!

"Go Team, Go!"

I'm sure Ahern (Alameda), Livingston (CoCoCo), and Hennessey (SFSO) (Hmm. Or would you go after Interim Chief Godown, SFPD?) will be happy to hear this. LOL!
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  #3  
Old 03-24-2011, 5:29 PM
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Woot!
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Old 03-24-2011, 5:31 PM
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Quote:
Originally Posted by hoffmang View Post
Mr. Scocca, CGF, Madison, and Don Kilmer would like to thank Preston Guillory for his assistance in developing this case.

-Gene
Nice!
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  #5  
Old 03-24-2011, 5:31 PM
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Our Face is like this:

Defendant's face is like:

They always look surprised when it comes from that direction.
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  #6  
Old 03-24-2011, 5:32 PM
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This is an important step forward. If sheriffs feel free to flaunt state law as it now exists, what might they do once we get good cause statements and other noxious features struck from the books?

Everyone involved in this, way to go!
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  #7  
Old 03-24-2011, 5:38 PM
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Woohoo!

Quote:
Mr. Scocca, CGF, Madison, and Don Kilmer would like to thank Preston Guillory for his assistance in developing this case.
Mr. Hoffman seems to have some class.
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  #8  
Old 03-24-2011, 5:40 PM
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Great job guys! CGF rocks!

Are we looking at a Sacramento type outcome (settlement) or will they have to be taken to the mat on this one?
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  #9  
Old 03-24-2011, 5:40 PM
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Quote:
Originally Posted by p_shooter View Post
Woohoo!
Mr. Hoffman seems to have some class.
Yes, and that statement also is said in sincerity.

Preston Guillory ("TBJ") has done a lot of useful work in CCW matters. While there are political differences about "how things move up the ladder", we still do indeed recognize those contributions.
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  #10  
Old 03-24-2011, 5:40 PM
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Happy dance.
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  #11  
Old 03-24-2011, 5:43 PM
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Quote:
Originally Posted by Southwest Chuck View Post
Are we looking at a Sacramento type outcome (settlement) or will they have to be taken to the mat on this one?
Like any plan, it doesn't survive contact with the enemy. It's very hard to predict what the actual outcome will be but there are some minimum changes that will have to occur here.

-Gene
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  #12  
Old 03-24-2011, 5:49 PM
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I'm very curious as to their response to this. They can't even go Yolo style and say they have a state interest in keeping people from bearing arms who dont conform to their arbitrary standards, since they have issued for similar good cause already meaning the plaintiff has already met their standards.
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  #13  
Old 03-24-2011, 5:50 PM
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Wow. I live in Santa Clara county and will be keeping an eye on this!
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Old 03-24-2011, 5:51 PM
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CGF news article on this here: http://calgunsfoundation.org/news/169-scoccavsmith.html
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  #15  
Old 03-24-2011, 5:52 PM
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Quote:
Originally Posted by hoffmang View Post
A copy of the complaint is available:
http://www.archive.org/download/gov....238467.1.0.pdf
Page 9 of 10 of the complaint is not in the .pdf
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Old 03-24-2011, 5:54 PM
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Quote:
Originally Posted by Paladin View Post
Page 9 of 10 of the complaint is not in the .pdf
That is the filed copy... Imminently repairable.

-Gene
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Old 03-24-2011, 5:55 PM
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Given this lawsuit are we still going to see the release of the good cause statements for Santa Clara?
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  #18  
Old 03-24-2011, 5:57 PM
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Quote:
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Given this lawsuit are we still going to see the release of the good cause statements for Santa Clara?
Santa Clara good cause statements are in hand. I believe that our volunteers are currently working on the redactions; as soon as those are complete, we will publish them to www.gotcarry.org.

-Brandon
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  #19  
Old 03-24-2011, 6:01 PM
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Time for CGNers to start monitoring the media, both MSM and alternative, for news reports about this.

Might be best to start a separate thread dedicated to linking to/summarizing/discussing those reports.
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Old 03-24-2011, 6:01 PM
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From the time the sunshine initiative started to this is surprisingly quick! I was waiting to see how the good cause statements would play out against a violator. Good Luck CGF i think it would be hard for them to refute the facts.
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Old 03-24-2011, 6:03 PM
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Thank you for all your great work! Woo!
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Old 03-24-2011, 6:05 PM
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Gene / Bill / and others,

Thank you for your relentless defense of the constitution. I am always thrilled when the CalGuns Foundation works to broaden my civil rights, by educating municipalities.

I pray this tenacity for educating County Sheriffs on following the letter of the law, will one day bring Alameda County up to par with our State Capitol's County and beyond.
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Old 03-24-2011, 6:06 PM
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Good job. Keep it up.
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Old 03-24-2011, 6:07 PM
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Old 03-24-2011, 6:08 PM
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Quote:
Originally Posted by taperxz View Post
From the time the sunshine initiative started to this is surprisingly quick! I was waiting to see how the good cause statements would play out against a violator. Good Luck CGF i think it would be hard for them to refute the facts.
Only because Billy Jack started working on this years before the Sunshine Initiative was started. We really shouldn't overlook his role in this case.
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Old 03-24-2011, 6:08 PM
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Quote:
Originally Posted by taperxz View Post
From the time the sunshine initiative started to this is surprisingly quick! I was waiting to see how the good cause statements would play out against a violator. Good Luck CGF i think it would be hard for them to refute the facts.
This is not the only lawsuit we have in the lineup. Stay tuned.

I hope that any sheriff or county attorney reading this takes [another] good look at those letters I've sent... The time to talk through policy deficiencies is fleeting.

-Brandon
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Old 03-24-2011, 6:08 PM
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Will a win in this case have county, district, or statewide effect?

Is there a way to track county expenses incurred as a direct result of illegal policies and procedures? It sure would be nice to be able to say "This ignorant jack wagon has cost the taxpayers of this county $xx,xxx.oo"

.

**EDIT**

can someone help poor billy jack get that egg off of his face?

Gene & co. et al have shown where the class acts can be found...

.
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Old 03-24-2011, 6:10 PM
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Bravo! Bravo!
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Old 03-24-2011, 6:12 PM
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Good timing.
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Old 03-24-2011, 6:17 PM
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Quote:
Originally Posted by wildhawker View Post
This is not the only lawsuit we have in the lineup. Stay tuned.

I hope that any sheriff or county attorney reading this takes [another] good look at those letters I've sent... The time to talk through policy deficiencies is fleeting.

-Brandon
I sure hope they don't think you're kidding! I would hate to be an elected official that costs their tax payers millions because they were in violation of the law!!
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Old 03-24-2011, 6:17 PM
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Just when I was letting CA laws (and this rain) bring me down, Gene has brightened my day!
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Old 03-24-2011, 6:21 PM
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Very nice guys. It's only going to get more entertaining from here I'd say!
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Old 03-24-2011, 6:32 PM
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Wonderful, another sheriff will get to "Tell it to the judge".

Now when will you get to Los Angeles?
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Old 03-24-2011, 6:37 PM
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Cool ..........I have been waiting for this
This means that I might actually get a permit before 2020!

Go get em Gene
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Old 03-24-2011, 6:39 PM
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Page 3, line 7.

Do you mean?
Quote:
Ensure: To make sure, certain, or safe : guarantee
rather then?

Quote:
Insure: To provide or obtain insurance on or for
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Old 03-24-2011, 6:54 PM
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Went through the document, and am very glad and proud of what you guys are doing for us. Thanks so much!!!!!
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Old 03-24-2011, 6:59 PM
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Quote:
Originally Posted by HowardW56 View Post
Now when will you get to Los Angeles?
I would hope soon as well. You would think that because the county is broke they wouldn't waste money just to sick it to the constitution. I have a feeling that la might be one of the last ones to turn.

Well keep up the good work!
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Old 03-24-2011, 7:00 PM
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Quote:
Originally Posted by Barbarossa View Post
Page 3, line 7.

Do you mean?


rather then?



"insure" has more than one meaning, one of which is equivalent to "ensure"

but did you mean

Quote:
than: a —used as a function word to indicate the second member or the member taken as the point of departure in a comparison expressive of inequality ; used with comparative adjectives and comparative adverbs <older than I am> <easier said than done> b —used as a function word to indicate difference of kind, manner, or identity ; used especially with some adjectives and adverbs that express diversity <anywhere else than at home>
2
: rather than —usually used only after prefer, preferable, and preferably
rather than

Quote:
then: : at that time
2
a : soon after that : next in order of time <walked to the door, then turned> b : following next after in order of position, narration, or enumeration : being next in a series <first came the clowns, and then came the elephants> c : in addition : besides <then there is the interest to be paid>
3
a (1) : in that case <take it, then, if you want it so much> (2) —used after but to qualify or offset a preceding statement <she lost the race, but then she never really expected to win> b : according to that : as may be inferred <your mind is made up, then> c : as it appears : by way of summing up <the cause of the accident, then, is established> d : as a necessary consequence <if the angles are equal, then the complements are equal>



anyway, good job CGF! looking forward to seeing how this plays out!
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Old 03-24-2011, 7:05 PM
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Great work as usual -- can't wait to see it play out.

Nice hat tip to TBJ, too -

--Neill
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Last edited by trashman; 03-24-2011 at 7:26 PM..
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Old 03-24-2011, 7:07 PM
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Experimentalist Experimentalist is offline
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Quote:
Originally Posted by wildhawker View Post
This is not the only lawsuit we have in the lineup. Stay tuned.
Alameda! Alameda! Alameda!

Kidding. I know everyone wants their County to be next.

Well done to all. I'm certain that a very well considered plan is unfolding.
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