Thread: Imperial
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Old 07-09-2015, 8:50 PM
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Paladin Paladin is offline
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Quote:
Originally Posted by Moto_Reggie_2m View Post
ccw's in imperial valley are a myth. Unless you are a wealthy farmer or have a good last name, you have no chance.
Yes, they definitely are restrictive on both GC and GMC. But, if you/someone really wants a CCW and has $$$, you can hire a lawyer and/or investigator and see if they in fact are consistently applying the below requirements to ALL applicants. If not, the below explains how the sheriff is vulnerable to a Guillory federal civil rights lawsuit.

Quote:
Originally Posted by Paladin View Post
I wonder why he hides it?

Maybe this has something to do with it (emphasis in original):

2. The Applicant shall submit three (3) letters of reference: One (1) CHARACTER REFERENCE LETTER; from an active peace officer, (must be an active California peace officer such as, California Highway Patrol, Sheriff’s Deputy, Police Officer, or Fish & Game Warden – who lives and works within the Imperial County) and Two (2) CHARACTER REFERENCE LETTERS from individuals, other than relatives, who live in the Imperial County

*** THE FOLLOWING CANNOT WRITE THE PEACE OFFICER REFERENCE LETTER ***
U.S. Custom, U.S. Border Patrol, Department of Corrections / Prisons


and, of course (emphasis in original):

7. IMPORTANT INFORMATION – Interview process
You will be required to provide just cause and meet the necessary prerequisites as described on the CCW application, before your application can be considered. Upon completion of your first interview your application will be forwarded to the Sheriff for his final decision.
I posed the below in the Monterey Co thread, but it applies equally here. If someone is determined to get a CCW in Imperial Co, this method is probably the best way of doing it. The relevant cases are CBS v. Block (for PRA requests), Salute v. Pitchess (requiring the IA to exercise their discretion), and Guillory v. Gates/Co of Orange (14th A Equal Protection attack).

Quote:
Originally Posted by Paladin View Post
So, they say SD = GC, but then push GMC through the roof and, it appears, make your RKBA subject to your neighbors', co-workers' and friends' ratification....

If Bernal does NOT follow this same procedure with ALL CCW applicants (think political donors, "friends of the sheriff"/"posse" members, politicians, celebrities), he's open for a Guillory-type 14th A Equal Protection federal lawsuit, but for GMC rather than GC.

Hypothetically, let's say there's a world-famous film star (and director) who lives in (and was once the mayor of) Carmel-By-The-Sea, a city which, acc to CGF's 2013 survey, does not issue CCWs. We'll call him "Mr. E." Let's suppose Mr. E has a Monterey SO CCW. When it is/was time to renew, if the sheriff has the same policy for renewals that means his "background investigator" would have to go to Mr. E's neighbors (who, unlike his friends, may be hard-core antis), and "ask them if they would recommend [Mr. E] be issued a CCW permit." Not only would the same procedure have to be followed, but the same standard as to judging whether to issue or not be followed. IOW, let's say 1 of your neighbors says "Nyet!" when asked if you should get a CCW and because of that you are denied. If 1 of Mr. E's neighbors also said "No!" and yet was issued, that too is a 14th A Equal Protection violation.
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Last edited by Paladin; 07-09-2015 at 9:00 PM..
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