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Andy Taylor
10-26-2010, 7:07 AM
First I would like to thank all the people and organizations that are fighting the unconstitutional implementtion of CCW's in this state.

I have a question though.

We have 58 counties in CA with 58 sheriffs. Those 58 sheriffs can change every 4 years. With that change policies can, and often do, change.

Instead of individual lawsuits in each county against each sheriff, would not a single lawsuit against the state, for allowing those sheriffs discretion make more sense? In other words a suit to force the state to change the unconstitutional law, rather than a suit to force each sheriff to interprete an unconstitutional law in the least unconstitutional manner possible?

wash
10-26-2010, 8:01 AM
What law is California breaking by giving the sheriffs discretion?

I'll take 58 slam dunk cases over one failure any day.

By the way, it won't take 58 cases, plenty of counties will change their policy to "virtual shall issue" which means anyone with a clean record will be able to get a permit if they can properly fill out a form.

dieselpower
10-26-2010, 8:06 AM
There is no State law requiring Sheriff's violate our 2ndA rights. We would have no case. If you want to create or change the existing law...thats gonna take a whole lot more then educating a couple Sheriffs on how to play fair.

Untamed1972
10-26-2010, 8:09 AM
Where I see a greater issue is the "portability" of one's permit once issued. If you move to a different county then you hafta go thru the process all over again. The permit should automatically tranfer to your new county of residence and at least be valid until it expires and then get renewed by the sheriff of your new county of residence.

Gray Peterson
10-26-2010, 8:31 AM
First I would like to thank all the people and organizations that are fighting the unconstitutional implementtion of CCW's in this state.

I have a question though.

We have 58 counties in CA with 58 sheriffs. Those 58 sheriffs can change every 4 years. With that change policies can, and often do, change.

Instead of individual lawsuits in each county against each sheriff, would not a single lawsuit against the state, for allowing those sheriffs discretion make more sense? In other words a suit to force the state to change the unconstitutional law, rather than a suit to force each sheriff to interprete an unconstitutional law in the least unconstitutional manner possible?

Once an MSJ is made against a certain method of sheriff's enforcement against state statute, it is valid statewide.

M. D. Van Norman
10-26-2010, 9:20 AM
Just plan for a legal fight every step of the way.

Help fund that battle. Sponsor a county. Donate to the cause. Stand ready for action.

http://www.calgunsfoundation.org/index.php/resources/ccw-initiative/156-sponsorships-to-date

yellowfin
10-26-2010, 9:44 AM
We have 58 counties in CA with 58 sheriffs. Those 58 sheriffs can change every 4 years. With that change policies can, and often do, change.Except that sheriffs do NOT often change, thanks to the Brad Gates Incumbent Sheriff Protection Law. Sheriffs are more or less appointed for life in CA.

chuckdc
10-26-2010, 10:07 AM
Some counties have pretty well already gone "near-shall-issue" like here in Fresno. Sheriff Mims has been awesome on getting CCWs issued, despite budget issues and backlogs.