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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 10-05-2010, 4:35 PM
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choprzrul choprzrul is offline
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Default SLO County Sheriff's Race: Breaking News!

Message for The Right People: Joe Cortez, the other candidate in this sheriff's race, has told me point blank that he would welcome help from The Right People in getting a CCW policy in place. He wants to get it done before the election so that it is in place on day one.

Quote:
Ian Parkinson: Witness for hire
October 5, 2010 5:09 pm

By KAREN VELIE

San Luis Obispo County Sheriff candidate Ian Parkinson’s testimony as an expert witness in a 2000 civil case helped his sister-in-law Rita Tavernetti collect a $1.4 million dollar settlement.

By his own account, Parkinson, currently a captain with the San Luis Obispo Police Department, has testified as an expert accident reconstructionist in more than 200 cases over the past 18 years.

In the Tavernetti case, Parkinson was paid $150 per hour for a total of about $6,000 to investigate the accident and testify in support of his sister-in-law’s quest for damages.

A review of the court transcripts by CalCoastNews shows that Parkinson failed to publicly reveal his relationship to Tavernetti during 108 pages of testimony.

In addition, even though Parkinson has testified that he has owned and run an accident reconstruction business for 18 years, he does not appear to have a San Luis Obispo city business license as required by the city’s municipal code.

Also, in order to conduct investigations for trials not associated with his job as a peace officer, Parkinson is required by law to be a licensed private investigator, according to the California Bureau of Security and Investigative Services. Failure to acquire a valid private investigator license is a violation of the California Business and Professions Code.

Parkinson does not have a private investigator’s license, according to state regulators.

In 2000, Parkinson testified in a jury trial in which his sister-in-law was seeking monetary damages after her father died in a freak accident. Parkinson testified that both an eyewitness and a California Highway Patrol officer’s accounts of the crash were flawed, leading the way for his sister-in-law to collect a large award.

Nevertheless, Parkinson failed to mention to the jury or the judge that one of the plaintiffs, Tavernetti, was his sister-in-law.

“Obviously, at some stage, somebody needs to determine fault in the collision,” Parkinson testified in the 2000 civil trial, according to the transcripts. “Many times, both parties don’t know who is at fault and they need somebody, an impartial person on the outside, to look at the issues to determine fault.

Parkinson did not return requests for comment.

While testifying, Parkinson noted that he was a San Luis Obispo Police Officer who had spent a significant amount of his time responding to traffic accidents. A leading group in determining standards for law enforcement ethics – the Josephson Institute on Ethics – contend it is not ethical for a Parkinson to conduct an investigation and testify as an expert witness for a family member while serving as a police officer.

“Using his name, title, and credibility to garner a huge payout for his sister-in-law is a clear violation of avoiding the appearance of a conflict of interest,” said Mike Carpenter, the Josephson Institute on Ethics director of risk management services. “It takes a lot of brass to say there is nothing wrong with giving testimony when his sister-in-law is a litigant.”

More than 10 years ago, Tavernetti’s father, Ted McCormack, was driving southbound on a road that ran parallel to Highway 101 in King City, according to court records, with a blood alcohol level of 0.23 percent.

A truck pulling a trailer loaded with irrigation pipes was headed northbound when the trailer disconnected and angled into McCormack’s lane. He swerved to the right onto the dirt shoulder and clipped the trailer.

The impact dislodged a pipe which broke through McCormack’s front window and pierced his head, killing him, according to the CHP traffic report.

When officers arrived, they found the trailer and the roadway littered with pipe. But neither of the two trucks described by an eye witness were present.

One of the officers was leaving the scene going south on Central Avenue when he noticed a set of head lights streaming in the night sky from an irrigation pond about 1,300 feet from the accident site. The officer discovered McCormack and his truck at the bottom of the pond.

The only witness to the accident, Cheryl Coppos, told police that McCormack was driving about 35 miles per hour, swerved to the right onto the dirt shoulder, hit the trailer and continued on, according to the California Highway Patrol incident report.

The CHP officer at the scene determined gouge marks in the dirt and skid marks found on the road showed that the accident occurred on the shoulder of the roadway which also backed up the eyewitness’ statement. Both the CHP officer and the eyewitness’ statements supported the argument that if McCormack’s had not been so intoxication the accident could have avoided.

Nevertheless, Parkinson testified that the skid marks were likely made at another time, that the point of impact the CHP documented was wrong and that the witness’ account of the accident was incorrect.

San Luis Obispo-based attorney and friend of Parkinson, James Murphy, was hired by Parkinson’s sister-in-law to file the lawsuit. Both Parkinson and Murphy began conducting their own ivestigation at the scene within 10 days of the accident.

Tavernetti put up fliers asking for witnesses to contact Murphy if they had information on the accident and offered a $5,000 reward. For more than a year no one came forward.

Shortly before a scheduled hearing, Murphy agreed to a $5,000 nuisance settlement to be paid by G&H Farms, the owners of the trailer.

However, before the settlement was paid and more than a year after the accident, Matthew Hayes, an ex-boyfriend of Tavernetti, came forward with claims that he had passed McCormack shortly before the accident and noticed a white ford truck towing a trailer loaded with pipes belonging to G&H Farms going the other way.

Hayes claimed that McCormack was driving faster than the eyewitness had reported which concurred with Parkinson’s assertions that McCormack had no time to brake or veer and possibly avoid hitting the trailer.

According to court records, the reward for information had been raised to $100,000 at the time Hayes came forward.

Frank Cunningham, the attorney who defended G&H Farms, passed away a few years ago. His former partner, Bill Gavin, said Cunningham believed his clients were not responsible for the accident and was very unhappy with the outcome of the trial.

Murphy claims he disclosed the fact that Parkinson was Tavernetti’s brother-in-law to Cunningham who he said felt it was not an issue.

However, the attorney who sat second chair, Jennifer Moon, and the private investigator who worked for Cunningham both said they thought Cunningham would have mentioned the relationship in cross examination.

“It was a horrible case,” said Greg Deitz, a private investigator who often worked for Cunningham. “Frank would have gone ballistic if he knew about Parkinson.”

Murphy also said expert witnesses often testify for friends or family.

Even so, CalCoastNews spoke with a half dozen collision experts who all said they would not testify for a friend or a relative because of the potential conflict of interest and appearance of impropriety.

“I wouldn’t be involved in a case with someone that was even an acquaintance,” said Bard Johnson, an expert collision witness. “I have had to recuse myself twice. One was a neighbor of mine and the other was related to someone I know.”

In addition, Murphy claimed Parkinson’s testimony was very limited. However, a copy of Parkinson’s testimony provided by the court recorder is 108 pages long.

Parkinson has used his official position to testify in hundreds of cases for financial gain, according to Parkinson’s testimony.

“I have actually two occupations,” Parkinson said. “I’m a police officer, been a police officer for about 17 years; and I’m also an accident reconstructionist.

“Sometimes it’s full time,” Parkinson said when questioned about the amount of time he works as an expert witness for hire.
http://calcoastnews.com/2010/10/ian-...#comment-13944

Joe Cortez is my pick in this race and now this story helps validate the decision that I made months ago. I had a gut feeling that this Parkinson guy was slimey, and I was right.

.
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  #2  
Old 10-05-2010, 4:51 PM
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Show him this and see if he can live with it:

1. County places a link to the State CCW application on their web site
2. County places a link to the CA DOJ list of Certified Firearms Instructors on their web site
3. County accepts all completed applications, using “Personal Protection” as Good Cause
4. County verifies Good Moral Character using LiveScan & DOJ
5. County issues CCW to applicant, valid everywhere in accordance with State and Federal law.

The simpler, the better.
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  #3  
Old 10-05-2010, 5:00 PM
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Quote:
Originally Posted by tango-52 View Post
Show him this and see if he can live with it:

1. County places a link to the State CCW application on their web site
2. County places a link to the CA DOJ list of Certified Firearms Instructors on their web site
3. County accepts all completed applications, using “Personal Protection” as Good Cause
4. County verifies Good Moral Character using LiveScan & DOJ
5. County issues CCW to applicant, valid everywhere in accordance with State and Federal law.

The simpler, the better.
Most excellent! Simple is better; and implementation is a breeze! I just got off of the phone with Mr. Cortez after talking about this new article. I have high hopes for the status of CCW issuance in SLO county.

I really like the 5 step program. Now can we have The Right People give it their blessing?

.
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  #4  
Old 10-05-2010, 6:09 PM
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For reference, DO NOT vote for this guy:


Put your mark on the ballot for Joe Cortez:

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Old 10-05-2010, 7:20 PM
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Default Vote for Cortez

Make sure you and your friends all vote for Joe Cortez for SLO Sheriff. He is a friend of the 2nd Amendment and does not have the ethcial problems that Parkinson has. Did you know that the San Luis Obispo Police Dept. does not issue any CCW permits. While when Joe Cortez was the Chief of Police in Pismo Beach, he did. We need someone who believes in our Constitution as our Sheriff.
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Old 10-05-2010, 8:19 PM
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You ever notice how stuff like this never comes out at any other time unless its election time.
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Old 10-05-2010, 8:38 PM
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Quote:
Originally Posted by tango-52 View Post
Show him this and see if he can live with it:

1. County places a link to the State CCW application on their web site
2. County places a link to the CA DOJ list of Certified Firearms Instructors on their web site
3. County accepts all completed applications, using “Personal Protection” as Good Cause
4. County verifies Good Moral Character using LiveScan & DOJ
5. County issues CCW to applicant, valid everywhere in accordance with State and Federal law.

The simpler, the better.
Good list!

What about residency requirements? Does a new resident in the county have to wait for a year to be able to apply for a LTC? What about people that have a business in the county?

Last edited by JDoe; 09-04-2011 at 11:16 AM..
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Old 10-05-2010, 8:42 PM
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I was present a week ago at the Embassy Suites when Cortez and Parkinson "debated." It was noted that as the chief in Pismo Beach (southwestern SLO County) Cortez has issued permits. Zero have been issued by SLOPD during Parkinson's time on the force although they might have a policy to defer to the Sheriff's Department.

Parkinson was clearly nervous and evasive when asked if he would issue CCW permits as sheriff. He hemmed and hawed and said that PC 12050 requires him to ensure there is a need. Anyone watching closely would clearly have seen by his demeanor that the only CCW permits that are going to be issued are to his fellow GOBs.

Cortez said people had a right to protect themselves, particularly in areas where there is not fact LEO response. He said he would issue CCW permits. He did not elaborate past that.

The Matt Hart case came up to. Cortez said the video is now used in training as how NOT to act as a LEO...
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Old 10-05-2010, 8:46 PM
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Quote:
Originally Posted by tango-52 View Post
Show him this and see if he can live with it:

1. County places a link to the State CCW application on their web site
2. County places a link to the CA DOJ list of Certified Firearms Instructors on their web site
3. County accepts all completed applications, using “Personal Protection” as Good Cause
4. County verifies Good Moral Character using LiveScan & DOJ
5. County issues CCW to applicant, valid everywhere in accordance with State and Federal law.

The simpler, the better.
There needs to be an educational/training/proficiency testing component. I'm not sure if something is available from the NRA but I know SLOC requires it now and it's not going to go away. Knowing Cortez I seriously doubt he would put his name to a plan that did not require education/training/proficiency testing.
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Old 10-05-2010, 8:56 PM
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Quote:
Originally Posted by Kynoch View Post
There needs to be an educational/training/proficiency testing component. I'm not sure if something is available from the NRA but I know SLOC requires it now and it's not going to go away. Knowing Cortez I seriously doubt he would put his name to a plan that did not require education/training/proficiency testing.
That is Item #2. Go to a Certified Instructor. State law does not require proficiency training. Do only that which is mandated by state law. Anything more, and you run the risk of becoming arbitrary and capricious.
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Old 10-05-2010, 8:56 PM
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Quote:
Originally Posted by Kynoch View Post
There needs to be an educational/training/proficiency testing component. I'm not sure if something is available from the NRA but I know SLOC requires it now and it's not going to go away. Knowing Cortez I seriously doubt he would put his name to a plan that did not require education/training/proficiency testing.
I think that's covered, but not fleshed out in #2.
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Old 10-05-2010, 8:58 PM
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Quote:
Originally Posted by JDoe View Post
Good list!

What about residency requirements? Does a new resident in the county have to wait for a year to be able to apply for a CCW? What about people that have a business in the county?
There is no state law requirement for minimum residency. Just prove you are a resident. That is on the state standardized application. Submit only the information required on that form. No more. No references. No psyche eval. No physicals. No BS.
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Old 10-05-2010, 8:59 PM
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Quote:
Originally Posted by tango-52 View Post
Show him this and see if he can live with it:

1. County places a link to the State CCW application on their web site
2. County places a link to the CA DOJ list of Certified Firearms Instructors on their web site
3. County accepts all completed applications, using “Personal Protection” as Good Cause
4. County verifies Good Moral Character using LiveScan & DOJ
5. County issues CCW to applicant, valid everywhere in accordance with State and Federal law.

The simpler, the better.
Quote:
Originally Posted by Kynoch View Post
There needs to be an educational/training/proficiency testing component. I'm not sure if something is available from the NRA but I know SLOC requires it now and it's not going to go away. Knowing Cortez I seriously doubt he would put his name to a plan that did not require education/training/proficiency testing.
yes, #5 should be amended to read
"5. Upon completion of a DOJ certified CCW training course, County issues CCW to applicant, valid everywhere in accordance with State and Federal law."
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Old 10-05-2010, 9:05 PM
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Excellent news, although I was going to vote for Cortez before.
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Old 10-05-2010, 9:06 PM
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Quote:
Originally Posted by tango-52 View Post
That is Item #2. Go to a Certified Instructor. State law does not require proficiency training. Do only that which is mandated by state law. Anything more, and you run the risk of becoming arbitrary and capricious.
There is a risk, I won't argue that although it could be mitigated by a standardized process. Perhaps something that came out of the NRA?

I just don't think Cortez (and certainly not Parkinson) would put his name to a plan that did not include education/training/proficiency testing.
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Old 10-05-2010, 9:32 PM
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Perhaps you missed this when you read the state-standardized application:

Training Required
PC section 12050(a)(1)(B) and (E) specifies that new license applicants must complete a course of training. The training may consist of any course acceptable to the licensing authority. The licensing authority may require either a course not to exceed 16 hours which includes instruction on at least firearms safety and the law regarding the permissible use of a firearm or a community college course not to exceed 24 hours certified by the Commission on Peace Officer Standards and Training. If the licensing authority requires the community college course, it must be uniformly required for all CCW license applicants. The licensing authority may also require annual qualification on the weapon(s) during the term for which the CCW license is granted.
For license renewal applicants, the course of training may be any course acceptable to the licensing authority, shall be no less than four hours in length, and shall include instruction on at least firearm safety and the law regarding permissible use of a firearm.
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Old 10-05-2010, 9:36 PM
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Quote:
Originally Posted by tango-52 View Post
Perhaps you missed this when you read the state-standardized application:

Training Required
PC section 12050(a)(1)(B) and (E) specifies that new license applicants must complete a course of training. The training may consist of any course acceptable to the licensing authority. The licensing authority may require either a course not to exceed 16 hours which includes instruction on at least firearms safety and the law regarding the permissible use of a firearm or a community college course not to exceed 24 hours certified by the Commission on Peace Officer Standards and Training. If the licensing authority requires the community college course, it must be uniformly required for all CCW license applicants. The licensing authority may also require annual qualification on the weapon(s) during the term for which the CCW license is granted.
For license renewal applicants, the course of training may be any course acceptable to the licensing authority, shall be no less than four hours in length, and shall include instruction on at least firearm safety and the law regarding permissible use of a firearm.
There ya go!
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Old 10-05-2010, 9:48 PM
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Initial training = fun online video, tutorials and test (similar to online hunter's ed)
Follow up training = 4 hour timed session of fun online video, tutorials and test

What's the issue again?
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Old 10-05-2010, 10:09 PM
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Quote:
Originally Posted by goober View Post
yes, #5 should be amended to read
"5. Upon completion of a DOJ certified CCW training course, County issues CCW to applicant, valid everywhere in accordance with State and Federal law."
Quote:
Originally Posted by tango-52 View Post
That is Item #2. Go to a Certified Instructor. State law does not require proficiency training. Do only that which is mandated by state law. Anything more, and you run the risk of becoming arbitrary and capricious.
Item #2 says SO will post links to approved courses. Says nothing about applicant completing a course.
I'm all for a short and concise list of requirements, but said list should be complete and accurate as well.
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Last edited by goober; 10-05-2010 at 10:18 PM..
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Old 10-05-2010, 10:30 PM
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No one digs until election time. It's a chicken and egg scenario. This is why a lot of people don't run for office.
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Old 10-06-2010, 1:40 AM
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This might be a bit off topic, but even though I feel like CCW's are important, what is the other major differences between these two guys?

Sorry if that sounds like a lame question, but I'm coming late into this game. I very biefly spoke with Parkinson in person. He seemed like a nice, pleasent guy to talk to. Very down to earth, but it was a quick conversation, and I didn't get to ask him many questions.

My main concern is that I'm not electing a total jerk. I haven't had many experiences with the Sheriff's department, but the local PD and especially the CHP in this area are really nice.

Is Cortez the kind of guy who would go out of his way to help you if he saw you on the streets? What about Parkinson? I'm mostly looking for character in my future Sherif (But also someone who's willing to stand up for my rights).
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Last edited by Moress; 10-06-2010 at 1:42 AM..
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Old 10-06-2010, 6:51 AM
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Quote:
Originally Posted by Moress View Post
This might be a bit off topic, but even though I feel like CCW's are important, what is the other major differences between these two guys?

Sorry if that sounds like a lame question, but I'm coming late into this game. I very biefly spoke with Parkinson in person. He seemed like a nice, pleasent guy to talk to. Very down to earth, but it was a quick conversation, and I didn't get to ask him many questions.

My main concern is that I'm not electing a total jerk. I haven't had many experiences with the Sheriff's department, but the local PD and especially the CHP in this area are really nice.

Is Cortez the kind of guy who would go out of his way to help you if he saw you on the streets? What about Parkinson? I'm mostly looking for character in my future Sherif (But also someone who's willing to stand up for my rights).
I tell you what, I wanted to talk to Mr. Cortez yesterday so I went to his website to get the contact info. He has a phone number listed, so I tried it. Guess what? Joe Cortez himself picked up the phone and took the time to talk to me. I am still amazed that someone in a political race took the time to personally answer the phone. Joe is solid.

Here is the contact info from his website:

cortezforsheriff@charter.net
Phone 805-295-6057

http://www.cortez4slosheriff.com/Contacts.html

Tell him that you and others are seeing the conversation on CalGuns. The more of us that call, the more influential we will be seen to be in his eyes.
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Old 10-06-2010, 7:13 AM
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Quote:
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This might be a bit off topic, but even though I feel like CCW's are important, what is the other major differences between these two guys?
It would appear that one uses his position to enrich his family to the tune of $1.4M on the backs of small farms while the other doesn't.
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Old 10-06-2010, 4:39 PM
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Discussing it live on the radio with the author right now: http://920kvec.com/pages/1375370.php?
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Old 10-06-2010, 5:12 PM
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goober goober is offline
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Quote:
Originally Posted by choprzrul View Post
Discussing it live on the radio with the author right now: http://920kvec.com/pages/1375370.php?
caught part of it, thanks for the link!
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Old 10-06-2010, 6:27 PM
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I would be thrilled if SLO moved to liberalize* CCW.

* Liberal == not a dirty word when used properly. See: conservative.
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