Lawsuit challenging CCW issuance in California

Lawsuit challenging CCW issuance in California

This is a discussion on Lawsuit challenging CCW issuance in California within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; This is the second major lawsuit filed since the Nordyke decision came down last week. Issuance of a concealed handgun permit in California is completely ...

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Thread: Lawsuit challenging CCW issuance in California

  1. #1
    Member Array socal2310's Avatar
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    Lawsuit challenging CCW issuance in California

    This is the second major lawsuit filed since the Nordyke decision came down last week.

    Issuance of a concealed handgun permit in California is completely arbitrary because the CPC doesn't define what a good reason for desiring a concealed handgun permit is and the issuing authority (County Sheriff or Chief of Police) has final say with no appeal possible. This means some places such as Kern county will issue a permit to almost anyone, while places like L.A. or San Francisco issue only to those who are politically well connected.

    This is the thread where the announcement was made.

    This is the actual complaint.
    Those who will not govern their own behavior are slaves waiting for a master; one will surely find them.


  2. #2
    jfl
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    Interesting, but I am not holding my breath ...
    I am so glad we escaped from the PRK in 1987 !!!
    The first rule of a gunfight: "Don't be there !"
    The second rule: "Bring enough gun"

    jfl
    (NRA Life Member/Instructor - GOA - IDPA - GSSF - ex-IHMSA)

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    Senior Member Array press1280's Avatar
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    I don't see any way these plantiffs DON'T win. The may-issue CCW schemes are already riddled with equal protection issues, as well as reported cronyism. Now, with incorporation, it should be a slam dunk.
    I'm almost inclined to believe many of the CA counties cave in, save LA and SF.
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
    Nunn v. State GA 1848

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    Member Array Bacon's Avatar
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    There may be a couple more counties that fight CCW tooth & nail. Alameda, where Berkeley & Oakland are located. Marin (Where I'm from) - full of New York & Boston types. Mendocino & Humboldt - Potheads rule. Oh yeah - Santa Cruz.

    It should get interesting.
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    It's not a case of one or two counties "caving in" - this will apply to the whole state. They may not (won't) like it but they won't have any choice. If they fail to follow the court's directives, they can lose monetary damages for infringing on one's civil rights.

    If the current defendants decide (after losing) to appeal, stronger precedent is set. Depending upon the likelihood of the plaintiffs prevailing, the judge can render the law unenforceable immediately.

    Remember the late 1990's Federal Child Protection Act to protect kids from child porn on the Internet? That law sounded great but was hugely unconstitutional. It went into court immediately and never got out. Never was enforced.

    They can run but they cannot hide.

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    Senior Member Array press1280's Avatar
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    Quote Originally Posted by Rivers View Post
    It's not a case of one or two counties "caving in" - this will apply to the whole state. They may not (won't) like it but they won't have any choice. If they fail to follow the court's directives, they can lose monetary damages for infringing on one's civil rights.

    If the current defendants decide (after losing) to appeal, stronger precedent is set. Depending upon the likelihood of the plaintiffs prevailing, the judge can render the law unenforceable immediately.

    Remember the late 1990's Federal Child Protection Act to protect kids from child porn on the Internet? That law sounded great but was hugely unconstitutional. It went into court immediately and never got out. Never was enforced.

    They can run but they cannot hide.
    I don't think it's binding on LA and SF until it gets to a higher court level. The more neutral counties, assuming the plantiffs prevail, may fold as soon as they get the complaint.
    LA and SF won't do anything until they absolutely are forced to, and even then they may try something sneaky, like changing the training requirements to something vague like "familiarity with a handgun and state's rules of force" or something like that with no clear objective standards.
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
    Nunn v. State GA 1848

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    Member Array wuluf's Avatar
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    I live in Sacramento County and was denied a permit early this year. I'm THRILLED that Calguns and Co are bringing these suits. I might actually get to take a WallyWalk before i die!!!!

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    Member Array Bacon's Avatar
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    wuluf - Did you get a letter from the sheriff explaining why you were denied?
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    Member Array wuluf's Avatar
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    Bacon, yes i did, i did not meet the requirements of a good cause. As the Sherrif's website says:" mere fear of victimization is not a valid cause."

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    I grew up in California and lived there from the 60’s ~ 90’s. I was also a deputy for awhile and it has always been hard to get a permit. I’ll admit that it took me about 15-years to get over not having the beach nearby, and the life-style was very nice in many respects.

    These days, I would never want to return there and now many of them are living in my Arizona neighborhood. In fact, I see some of them signing up for CCW classes at the local gun store.
    Regards,
    “Monsters are real and so are ghosts. They live inside of us, and sometimes they win.”
    ~ Stephen King

  11. #11
    VIP Member Array Tom G's Avatar
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    It's about time California got with the program. This could get very expensive for them if they don't comply. I hear they are bankrupt and something like this could put them deeper in the hole.

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