Man Sues Police & City for Denial of CCW: CA

Man Sues Police & City for Denial of CCW: CA

This is a discussion on Man Sues Police & City for Denial of CCW: CA within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; http://www.santamariatimes.com/artic...ast/news03.txt City Council, police chief served with lawsuits By Malia Spencer/Senior Staff Writer Each member of the Santa Maria City Council, along with Police Chief ...

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Thread: Man Sues Police & City for Denial of CCW: CA

  1. #1
    VIP Member Array paramedic70002's Avatar
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    Man Sues Police & City for Denial of CCW: CA

    http://www.santamariatimes.com/artic...ast/news03.txt

    City Council, police chief served with lawsuits

    By Malia Spencer/Senior Staff Writer


    Each member of the Santa Maria City Council, along with Police Chief Danny Macagni, was served Tuesday night with a federal lawsuit filed by a resident who claims his civil rights were violated when he was denied a permit to carry a concealed weapon.

    As the council members assembled for their meeting, private investigator Preston Guillory, on behalf of Santa Maria resident Kurt McCloud, served them with the suit that was filed Sept. 11 in U.S District Court. The package included a 50-page complaint plus hundreds of pages of exhibits.

    McCloud claims the council members and Macagni have intentionally denied his constitutional rights to equal treatment by treating McCloud's application to carry a concealed weapon differently than those who have been granted such permits. According to the suit, that is a violation of McCloud's 14th Amendment rights.

    City Attorney Gil Trujillo said the city intends to defend Macagni and his actions, and noted that California law provides police chiefs with the responsibility and the discretion when issuing concealed-weapons permits.

    Guillory, a licensed private investigator based in Riverside, bills himself as an expert in helping Californians obtain concealed-weapons permits in a state that has a subjective permitting process.

    On his Web site, www.clueseau.com, Guillory says he is permitted to carry a concealed weapon in 29 states, and has a team of lawyers and volunteers committed to helping people with concealed-weapons permit application processes.

    None of the council members kept a copy of the suit, and instead left them with Trujillo.

    Since the suit was filed in district court in Los Angeles, Trujillo said, the city will have to hire outside counsel in Los Angeles to handle the case.

    To carry a concealed weapon in California, a person must receive a permit from a local law enforcement agency.

    According to the California Penal Code, a chief of police or a county sheriff can issue a concealed-weapons permit “upon proof the person applying is of good moral character, that good cause exists for the issuance and the person applying is a resident of that city and has completed a course of training ...”

    In his 2006 application McCloud, 42, states he is employed as a nuclear security officer and armed responder for the Diablo Canyon Power Plant in San Luis Obispo County.

    Because he lives in Santa Maria, McCloud requested a permit from Macagni to carry a .40-caliber Glock handgun since his job, and the knowledge he has of the nuclear power plant, could put him or his family at risk.

    “I know that being able to defend myself against those who would use this information against our community would be an advantage,” McCloud wrote in his application. “As a Delta unit I am well-trained in the use of firearms, levels of force, and justifiable homicide. I take my job seriously in protection [of] our community, and I will not abuse the privilege of a CCW license.”

    Macagni denied McCloud's application in August 2006 letter, saying there was “not enough convincing evidence of a clear and present danger to life or great bodily harm which cannot be adequately dealt with by existing law enforcement resources.”

    Since California is known as a “may issue” state, the chief or sheriff has discretion over who can receive a permit, and also have liability and can be named in any future lawsuits, Macagni said Monday prior to being served with the suit.

    Normally, an ardent supporter of the Second Amendment, Macagni said he would grant more concealed weapons permits if the state removed liability from the issuing chief or sheriff.

    “I feel strongly about people and their personal protection,” he said, but added that the liability to the city trumps his “pro-Second Amendment” beliefs.

    If California was a “shall issue” state, the discretion, and liability, would be removed and anyone who is a qualified applicant would be issued a permit, he said.

    “Frankly, the people I have issued (permits) to are well-known,” Macagni said, adding they are people he has known for years and “I feel comfortable that they won't go out and get themselves in trouble.

    “The system subjects me to personal liability; if it didn't I would probably be more liberal with it,” he added.

    Macagni estimated he has issued about eight permits to people who have shown just cause to carry weapons. In addition to the standard application, people could be subjected to physical or psychological evaluations.

    The number of permit requests from Santa Maria residents varies from year to year, Macagni said. Some years there are no applicants, and others can see about a dozen people seeking permits.

    In Santa Barbara County, Sheriff Bill Brown has come under fire for the limited number of permits he has issued.

    During the first five months of his term, Brown issued 10 concealed-weapons permits and denied 10 others. Current numbers were not available from the sheriff's office by press time.

    As of May, there were about 160 active concealed-weapons permits in the county, and the majority were issued to law enforcement and judicial officers.

    In a previous interview, Brown said he doesn't believe communities are made safer with large numbers of people carrying weapons.

    In order to receive a permit from the sheriff, people must show good reason other than “I want to protect myself,” Brown has said in the past.

    In Lompoc, Chief Timothy Dabney hasn't issued a single permit since he took office in January, said Sgt. Deann Clement, department spokeswoman.

    She noted that to get a one-year concealed-weapons permit in Lompoc, people must fill out the application, have a physical exam, submit fingerprints for a background check, and show a need for the permit.

    Malia Spencer can be reached at 739-2219 or mspencer@santamariatimes.com.

    September 19, 2007
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!


  2. #2
    Member Array Deacon51's Avatar
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    Sweet!

    Since it's in Federal Court, it could go all the way to the supreme court. If the case is done well, I could see "Shall Issue" in all 50 states.

    And wouldn't that be nice!
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    VIP Member Array Janq's Avatar
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    Interesting...

    Especially the part about how the applicant is trustworthy enough to secure a national secure site (a nuke station) but some how he is deemed not trustworthy enough that his community police chief does not feel comfortable that this same professionally trustworthy person won't lose his senses and go out on his personal time to get himself in trouble.

    - Janq
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    I am glad he filed suit. Does anyone know how or to whom one could donate to help in this cause? If it goes to the Supreme Court, it would be pretty expensive.
    It is not the Bill of Privileges. It is not the Bill of Permits. It is the Bill of Rights.

    People should not be afraid of the government; the government should be afraid of the people.

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    Most likely outcome

    I believe the most likely outcome of this case is that the police chief will issue a CCW permit to the plaintiff, to make the lawsuit go away.

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    VIP Member Array Supertac45's Avatar
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    Quote Originally Posted by citizen510 View Post
    I am glad he filed suit. Does anyone know how or to whom one could donate to help in this cause? If it goes to the Supreme Court, it would be pretty expensive.
    Please post. This will be a good cause to donate to.
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    VIP Member Array NCHornet's Avatar
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    Macagni denied McCloud's application in August 2006 letter, saying there was “not enough convincing evidence of a clear and present danger to life or great bodily harm which cannot be adequately dealt with by existing law enforcement resources.”
    How can you prove clear and present danger? The fact that there aren't police officers walking beside every citizen in his county should be proof enough that law enforcement is not enough to handle the situation. Can he promise that nothing bad will happen in his county to any member of it's population? Of course he can't and this should be reason alone to issue this man and others a CCW permit. I am so glad I left this state 11 years ago. I wish this man the best of luck.
    When Seconds Count, The Cops Are Just Minutes Away!!
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    It sounds like this sheriff does not issue too many CCW permits, and that he makes up his own set of CCW requirements as he sees fit. California being a “may issue” state, a lot depends on which part of the state you live in, and what kind of sheriff you have running your county - these are elected officials remember. I wonder if you could get a CCW permit living in San Francisco?

    I'm certainly glad I left that looney state 14 years ago too.

  9. #9
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    Cool

    Quote Originally Posted by blueridge View Post
    I wonder if you could get a CCW permit living in San Francisco?

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  10. #10
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    Hmm, this will be interesting.
    "Just blame Sixto"

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    If the permit is issued it will kill the court case because the plaintiff will no longer have an injury or claim, so I am sure the city attorney is giving the police chief that advice. If this works, the "may issue" would turn into something where the chief LEO would have to show just cause for turning it down- making it much more like a shall issue state.

    One thing is certain. If the city loses at trial, they will win on appeal- the 9th Circuit isn't going to rule our way on this. So, that would set it up for the USSC- and assuming they decide to grant cert. it could be quite interesting.
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    Distinguished Member Array AKsrule's Avatar
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    Quote Originally Posted by pogo2 View Post
    I believe the most likely outcome of this case is that the police chief will issue a CCW permit to the plaintiff, to make the lawsuit go away.
    I don't think so. The lawsuit is already filed , so unless the Court
    throws it out , or the Plaintiff voluntarily withdraws it , the court
    has to render a Decision.

    And withdrawing after getting a permit might be construed as filing
    a FRIVOLOUS Lawsuit..
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  13. #13
    VIP Member Array ccw9mm's Avatar
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    ... and show a need for the permit.
    It's both amazing and appalling that protection from death and grave bodily harm by violent criminals doesn't qualify. Sounds like a great point for a lawsuit to make, to get the case law to weigh so heavily that "may issue" becomes impossible to maintain.
    Your best weapon is your brain. Don't leave home without it.
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  14. #14
    Distinguished Member Array Bob The Great's Avatar
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    Another case to watch, for sure.

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    Since California is known as a “may issue” state, the chief or sheriff has discretion over who can receive a permit, and also have liability and can be named in any future lawsuits, Macagni said Monday prior to being served with the suit.
    The sherrif or chief can be sued for what the permit-holder does, but not for what happens to an unarmed citizen when they really, really need a gun and the cops can't get there in time.

    This will be a very interesting case to watch.
    Protect your family. Reload. Call 911.

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