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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel. |
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CALGUNS FOUNDATION SUES LOS ANGELES COUNTY, SHERIFF LEE BACA (3/9/12)
San Carlos, CA (March 9, 2012) – Continuing its Carry License Sunshine and Compliance Initiative, The Calguns Foundation (CGF) has filed a lawsuit today in Los Angeles Superior Court against Los Angeles Sheriff Leroy “Lee” Baca, the Los Angeles County Sheriff’s Department, and Los Angeles County. The case, entitled Jennifer Lu, et al. v. County of Los Angeles, et al., challenges the Sheriff’s ban on accepting and processing applications for carry licenses submitted by city residents.
The Calguns Foundation is joined in the lawsuit, by three individual plaintiffs. “Sheriff Baca made the unfortunate decision to repeat historical failure,” noted CGF Chairman Gene Hoffman. “Apparently, the Sheriff and County do not feel bound to follow the precedent they set when the California Court of Appeals ruled against them in 1976. We look forward to refreshing their memory.” In the case of Salute v. Pitchess, the Court held that “[i]t is the duty of the sheriff to make . . . an investigation and determination, on an individual basis, on every application” for a handgun carry license. Then-Los Angeles Sheriff Peter Pitchess had “a fixed policy of not granting applications . . . … except in a limited number of cases.” California requires that people who desire to carry a handgun for self defense be licensed by the sheriff of the county in which they reside, or, at the applicants’ option, they can apply to their city’s chief of police. However, sheriffs cannot require applicants to first apply to and be denied by a city’s chief of police as a prerequisite to application. “The State of California very intentionally established a standardized carry license framework: if you’re a sheriff, you have a duty to administer the carry license program for all residents of your county,” clarified Brandon Combs, an officer of CGF and director of the Carry License Initiative. “Sheriff Baca’s intent in enforcing these unlawful regulations is quite clear: make it as difficult as possible for law-abiding residents of Los Angeles County to defend their lives and those of their families. Not only does he treat some deserving applicants differently than others, he uses the rejections by cities’ chiefs of police - that his policy requires - as evidence against the applicants when they apply to him.” “Jennifer Lu and the other plaintiffs have every reason to desire a handgun carry license, not the least of which is that it is their fundamental right under the Constitution as Federal courts in both West Virginia and Maryland ruled earlier this week,” said Jason Davis, attorney for the plaintiffs. “Sheriff Baca is circumventing state and constitutional law, and we’re confident that this case will bear that out.” A copy of the complaint and case filings can be downloaded at http://bit.ly/lu_v_baca.
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Brandon Combs I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead. My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer. |
#4
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EPIC!!! Can't wait for this to trickle on down to the OC!!!
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A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.* *Not valid in: CA, HI, NYC, NJ, DC. May vary by location. |
#6
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I’m fairly certain that the Orange County sheriff will dutifully process your application … and decline to issue a license due to your lack of sufficiently enhanced cause.
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Matthew D. Van Norman Dancing Giant Sales | Licensed Firearms Dealer | Rainier, WA |
#9
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Just saw the email.
Nice!!! Posted from Tapatalk.
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Want to carry in the woods? Click here. |
#11
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Great news!
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"I'm so hard, b****, I carry TWO in the chamber!" "Keeping people from being free is big business." -Bob Dylan "There will be no horse-trading in the stable of civil rights. Either the Constitution means what it says, or it doesn't." -Brandon "Most Rights that are accused of being 'created from whole cloth' exist because in fact the Bill of Rights is not limiting. Lack of liberty is statist thuggery. If you don't like sodomy or abortion, don't do it." -Bill Wiese |
#14
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don't forget to drop your money in the bucket!
thanks CGF
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i see hypocrites!!! Quote:
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#19
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Too bad CalGuns can't REALLY sue Sheriff Baca. If he was really sued, he would face the personal financial imposition of defending his clearly errant behavior. As it is, the tax payers of the region will pay for his defense, meaning that he learns absolutely NOTHING from the experience.
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#20
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Holy Freaking Moly, I just received the email!!! YES SIR!!!! Awesome!!!
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#22
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I'm still confused. Aren't there 2 other cases already in L.A doing just this? What's the difference between the 3.
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"Extremism in the defense of liberty is no vice, but let me remind you also that moderation in the persuit of justice is no virtue" -Barry Goldwater “Remember that a government big enough to give you everything you want is also big enough to take away everything you have.” -Gerald Ford ^ |
#24
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Go get them guys!!
$50 to CGF. Use if for lunch or whatever... .
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The deterioration of every government begins with the decay of the principles on which it was founded. Charles-Louis de Secondat (1689-1755) Baron de Montesquieu In America, freedom and justice have always come from the ballot box, the jury box, and when that fails, the cartridge box. Steve Symms, ex-U.S. Senator, Idaho Last edited by Maltese Falcon; 03-09-2012 at 4:55 PM.. |
#27
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It may also have the effect of prompting other sheriffs currently enforcing a similar policy to revise it, quickly. -Brandon
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Brandon Combs I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead. My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer. |
#28
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Quote:
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"Let me guess... This isn't about the alcohol or tobacco?" |
#30
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Yes they do move slowly, but they do move forward....
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#31
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What would move the court faster?
MAYBE we can get Obama to put in a good word for all Californians..lol
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"The beauty of the second amendment is that it will not be needed until they try to take it." -Thomas Jefferson |
#32
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If you have 50 Mil for a PAC, that could work......... NOT/Maybe?
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#33
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Quote:
-Brandon
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Brandon Combs I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead. My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer. |
#35
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This is great news!
Wait this is great news right?
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ΜΟΛΩΝ ΛΑΒΕ Quote:
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#36
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And so it begins. Exciting news!
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#38
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This just the start....LA County is a HUGE piece of meat that's on the chopping block. Piece by piece, we are gaining more and more momentum. Remember...freedom is not free.
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Need A Realtor in SoCal? Shoot me a PM. |
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