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View Full Version : Santa Maria Motion to Dismiss denied!


Glock22Fan
02-05-2008, 10:36 AM
Federal Judge denies Santa Maria Motion to Dismiss!

City has 20 days to answer the Complaint.

We move forward!

Sawdust
02-05-2008, 10:46 AM
Is this in reference to this (http://64.151.69.37/calgunforum/showthread.php?t=69602&highlight=Santa+Maria) thread?

Sawdust

Liberty1
02-05-2008, 10:47 AM
Congrats! Forward it is! Charge! :79:

FreedomIsNotFree
02-05-2008, 11:06 AM
Great news...one of the many hurdles that will be thrown their way I'm sure...keep up the great work!

Glock22Fan
02-05-2008, 11:30 AM
Is this in reference to this (http://64.151.69.37/calgunforum/showthread.php?t=69602&highlight=Santa+Maria) thread?

Sawdust

Yes. See also more details (and more links) on the TBJ website (below).

Billy Jack will be posting some commentary in his blog tomorrow. Around the Campfire (http://californiaconcealedcarry.com/blog/)

John

Paladin
02-05-2008, 11:44 AM
Federal Judge denies Santa Maria Motion to Dismiss! Great News!

City has 20 days to answer the Complaint.I'll mark the date on my day planner.

We move forward!"Next!" ;)

Sutcliffe
02-05-2008, 12:08 PM
It's nice to see petty tyrants sweat things for once. Although, they have nothing to lose. Just the taxpayers money

gazzavc
02-05-2008, 12:51 PM
Is this in reference to this (http://64.151.69.37/calgunforum/showthread.php?t=69602&highlight=Santa+Maria) thread?

Sawdust

Brilliant Avatar !! Up the Gunners !!!

Python2
02-05-2008, 1:13 PM
It's nice to see petty tyrants sweat things for once. Although, they have nothing to lose. Just the taxpayers money

So what make you think this tyrant will sweat if he has nothing to lose but our money?:rolleyes:

Paladin
02-05-2008, 1:22 PM
So what make you think this tyrant will sweat if he has nothing to lose but our money?:rolleyes:If a CoP's illegal behavior cost their city big bucks (and bad press), they may find themselves out of a job. :D

"I love the smell of napalm in the morning." ;)

supersonic
02-05-2008, 1:34 PM
I just F***IN' LOVE living in a city where it is
LITERALLY IMPOSSIBLE to get a CCW. Wish I were either in O.C. (where the majority of PRK CCW holders seem to have been granted theirs) or in a free state. And NO, I don't have a choice. Taking care of a 95-yr.-old woman who helped raise me (AND who is as stubborn as a.....well a 95-yr.-old!! She wouldn't even THINK of moving anywhere. Been here all her friggin' life.) just isn't an option in my belief system. BUT....F*******************k!!!!!!!!!!!!!!!!!!!!!! !!!:mad:

Oh, sorry. Good for that guy!!!!! Knock 'Em Dead, Kid!!!!!!!!!!:reddevil:

Sawdust
02-05-2008, 1:38 PM
Brilliant Avatar !! Up the Gunners !!!

Tenkewberrymush! :D

Sawdust

Glock22Fan
02-05-2008, 5:23 PM
Billy Jack will be posting some commentary in his blog tomorrow. Around the Campfire (http://californiaconcealedcarry.com/blog/)

John

Posted (http://californiaconcealedcarry.com/blog/)

Rob P.
02-05-2008, 6:02 PM
The problem I see here is that the end result will be what is happening in Ventura County. It currently takes over a year to get a CCW in this county because the sheriff does not employ ANY staff for the job and relies on volunteers whose hours are limited to part time.

It is, in effect, a defacto refusal to issue because they almot don't process the applications. A judge even told Bob Brooks that the delay is a failure to exercise his discretion. The sheriff still just sits on his hands and no one in the industry wants to make waves over it because the next sheriff may be worse.

It's a joke.

You want real reform? DOJ issue instead of county issue is the ONLY way to get uniform standards.

DVSmith
02-05-2008, 6:06 PM
The problem I see here is that the end result will be what is happening in Ventura County. It currently takes over a year to get a CCW in this county because the sheriff does not employ ANY staff for the job and relies on volunteers whose hours are limited to part time.

It is, in effect, a defacto refusal to issue because they almot don't process the applications. A judge even told Bob Brooks that the delay is a failure to exercise his discretion. The sheriff still just sits on his hands and no one in the industry wants to make waves over it because the next sheriff may be worse.

It's a joke.

You want real reform? DOJ issue instead of county issue is the ONLY way to get uniform standards.


You mean Jerry Brown California State AG's DOJ? You really think that would be an improvement?

psssniper
02-05-2008, 6:12 PM
Is there a contact for CalGunners to donate to this cause??

Crazed_SS
02-05-2008, 6:56 PM
The problem I see here is that the end result will be what is happening in Ventura County. It currently takes over a year to get a CCW in this county because the sheriff does not employ ANY staff for the job and relies on volunteers whose hours are limited to part time.

It is, in effect, a defacto refusal to issue because they almot don't process the applications. A judge even told Bob Brooks that the delay is a failure to exercise his discretion. The sheriff still just sits on his hands and no one in the industry wants to make waves over it because the next sheriff may be worse.

It's a joke.

You want real reform? DOJ issue instead of county issue is the ONLY way to get uniform standards.

Agreed. This may-issue system is a joke. As long as it's up to each individual Sherriff's discretion, the system will be unfair and plagued with problems.

bwiese
02-05-2008, 8:19 PM
You want real reform? DOJ issue instead of county issue is the ONLY way to get uniform standards.

That will only make things WORSE for EVERYBODY and not improve things for ANYONE.

There's plenty of legal support to attack county by county. Just takes some time, with people following precise steps.

outersquare
02-05-2008, 8:29 PM
congrats, hopefully other counties will take notice

CCWFacts
02-05-2008, 8:39 PM
That will only make things WORSE for EVERYBODY and not improve things for ANYONE.

I understand your point on that. However... we're in a situation right now where those of us who live in LA, SF, etc, are in hopeless situations, unless we get some serious legal firepower engaged. Meanwhile, the areas that strongly support gun rights have easy issuance, and so they are not motivated to push for CCW reform. Why should someone in Fresno, or Kern, for example, worry about CCW reform when it's so easy to get a CCW in those places?

Making it a state-wide system would motivate all of our supporters in Kern, Fresno, Orange County, etc, to get active and involved, and make their reps take action on this. As it is, they have no reason to, and certainly reps from LA and SF aren't doing anything, so it has left us in situation that is very hard to get out of.

JALLEN
02-05-2008, 9:19 PM
Even with statewide "shall issue", giving it to DOJ is like asking the Post Office to take over and run Sears.

Scarecrow Repair
02-05-2008, 9:25 PM
Making it a state-wide system would motivate all of our supporters in Kern, Fresno, Orange County, etc, to get active and involved, and make their reps take action on this. As it is, they have no reason to, and certainly reps from LA and SF aren't doing anything, so it has left us in situation that is very hard to get out of.

So the majority, who can't get what they want by themselves, think it a good move to piss off the minority in the hope that adding their small forces will get what the majority already can't?

Have I paraphrased that correctly?

CCWFacts
02-05-2008, 10:05 PM
So the majority, who can't get what they want by themselves, think it a good move to piss off the minority in the hope that adding their small forces will get what the majority already can't?

Have I paraphrased that correctly?

You could put it that way. You could also put it as we (gun owners and gun rights activists) all need to be fighting for each others rights. It's a philosophical question and there are good arguments to both sides. Obviously someone in Kern County is not going to be enthusiastic about any changes to our CCW laws. For those people, CA is one of the very best states in the country, with perhaps the least restrictions on where you can carry, and the fewest establishments with "no guns" postings. How many other states have almost no businesses that are posted and allow CCW holders to carry in schools and many other places which are off-limits in most of the country?

I'm not saying there's one right answer or obvious answer on this.

American_pride
02-05-2008, 10:31 PM
Making it a state-wide system would motivate all of our supporters in Kern, Fresno, Orange County, etc, to get active and involved, and make their reps take action on this. As it is, they have no reason to, and certainly reps from LA and SF aren't doing anything, so it has left us in situation that is very hard to get out of.


this would only make it impossible for anyone in the state to get a CCW. The reps in those counties go to bat every time some one from the (cities mentioned above) come up with a BS law eg. lead ammo ban-Santa Barbara, microstamping-West Hollywood. Our reps fought to kill this and ..................... there was just not enough of them. So what you are implying is that the reasonable LEO surrender their common sense "For the greater good of the state"
just my opinion

supersonic
02-06-2008, 4:53 AM
I understand your point on that. However... we're in a situation right now where those of us who live in LA, SF, etc, are in hopeless situations, unless we get some serious legal firepower engaged. Meanwhile, the areas that strongly support gun rights have easy issuance, and so they are not motivated to push for CCW reform. Why should someone in Fresno, or Kern, for example, worry about CCW reform when it's so easy to get a CCW in those places?

Making it a state-wide system would motivate all of our supporters in Kern, Fresno, Orange County, etc, to get active and involved, and make their reps take action on this. As it is, they have no reason to, and certainly reps from LA and SF aren't doing anything, so it has left us in situation that is very hard to get out of.

You left out ONE "no-issue" city, CCWFacts!!!!!! C'mon, if that's your C.G. handle, don't EVER leave Sacramento out of the official "bu*****t/impossible" list!!!!!!!!!;)

Rob P.
02-06-2008, 10:44 AM
That will only make things WORSE for EVERYBODY and not improve things for ANYONE.

There's plenty of legal support to attack county by county. Just takes some time, with people following precise steps.

So, you agree with the "divide and conquer" strategy that's being used?

Seriously, the state is fragmented when it comes to firearms rules for CCW, ammo shipping, fingerprinting for ammo purchases, etc. THE reason that this is happening is because those in more liberal areas don't want to risk messing up their privileges.

So, the majority of the state has to pander to the minority and you get abuses of power. The only way to solve those abuses is to have ONE standard applicable to everyone. and the only way to get that is to have ONE department responsible for it.

You get that one dept on a "may issue" basis and eventually you can hammer on the "may issue" part and eventually get "shall issue". Doing it piecemeal wastes time, resources, and money.

Glock22Fan
02-06-2008, 11:13 AM
The only way to solve those abuses is to have ONE standard applicable to everyone. and the only way to get that is to have ONE department responsible for it.You get that one dept on a "may issue" basis and eventually you can hammer on the "may issue" part and eventually get "shall issue". Doing it piecemeal wastes time, resources, and money.


I'd go for one law and "Shall Issue." Why not, other states have done it?

However:

a) it will not happen in my lifetime. There's also a danger, push for a single standard, and it will, more than likely, ban CCW's altogether.
b) it's a lot cheaper and a lot less effort to hammer on them piecemeal. Team Billy Jack has the resources to do this. Nobody has the resources to revolutionize state law. You are talking many millions of dollars to even get heard. You also get the "Domino effect" where the departments you haven't yet hammered tread carefully in case they are next.

djacks
02-06-2008, 7:36 PM
Quote:
Originally Posted by gazzavc View Post
Brilliant Avatar !! Up the Gunners !!!


Tenkewberrymush!

Sawdust


Yes - right up the a....! :)

artherd
02-06-2008, 11:45 PM
Even with statewide "shall issue", giving it to DOJ is like asking the Post Office to take over and run Sears.

Classic, and so true.

tango-52
02-07-2008, 7:17 AM
Does anyone actually think that Allison Merilees at BOF would be good for issuing CCWs? Unless it is changed to "shall issue", we are better off with local discretion. At least we can actively campaign for a new Sheriff.

Sawdust
02-07-2008, 7:24 AM
Yes - right up the a....! :)

City fan, eh?

Hmmm...don't you have it backwards, considering the results of last Saturday's match? :D

Sawdust