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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 05-05-2009, 12:56 PM
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Default CCW: SAF, Calguns Challenge Arbitrary Denial of Right to Bear Arms In California

BELLEVUE, WA and REDWOOD CITY, CA – The Second Amendment Foundation, The Calguns Foundation and three California residents today filed a lawsuit seeking to vindicate the right to bear arms against arbitrary state infringement.

Nearly all states allow qualified law-abiding citizens to carry guns for self-defense, but a few states allow local officials to arbitrarily decide who may exercise this core Second Amendment right. In the action filed today, Plaintiffs challenge the policies of two California Sheriffs, in Sacramento and Yolo counties, who reject the basic human right of self defense by refusing to issue ordinary people gun carry permits. Of course, violent criminals in the impacted counties continue to carry guns without police permission.

State scientist Deanna Sykes believes her sexual orientation and small stature makes her an appealing target for criminals, particularly as she often transports firearms as a competitive shooter and firearms instructor. “I am highly qualified to defend myself against the sort of crime that the Sheriff cannot, despite his best efforts, completely eradicate,” Sykes said. “Violent crime is a real risk in our society, but happily, we enjoy the right to defend ourselves from it.”

Andrew Witham has over 15 years experience as a police officer in Britain, and is licensed to carry a firearm while working as a private investigator and campus public safety officer. But despite having been the target of death threats stemming from his work in security, Sheriff John McGinness saw to it that Witham’s license to carry a gun while away from work was revoked upon Witham’s relocation to Sacramento.

“I’m allowed to defend other people,” said Witham, “so why can’t I defend myself, where the Bill of Rights guarantees me that right?”

Adam Richards, a Northern California attorney, would also exercise his right to bear arms in self- defense. But the Yolo County Sheriff’s policy on gun permit applications is: don’t bother. “How can the Sheriff tell whether I am capable of responsibly exercising my Second Amendment rights, when he doesn’t even acknowledge that these rights exist?”

Attorney Alan Gura, representing the plaintiffs in this case, said, “It’s a shame that these Sheriffs don’t think that self-defense is a ‘good cause’ to exercise the right to bear arms, but we’re confident the Second Amendment reflects a better policy.”

Added co-counsel Donald Kilmer, “The California carry licensing system is being abused by some officials who are hostile to self-defense rights. The police can regulate the carrying of guns, and that includes preventing dangerous people from being armed. Complete deprivation of the right to bear arms, however, is not an option under our Constitution.”

“The Supreme Court’s decision last year in the Heller case shows that there is both a right to keep arms and a right to bear arms,” said SAF founder Alan Gottlieb. “In most states, authorities do not deny a license to carry an operable firearm to any law-abiding applicant that completes training and a background check. This is also the practice throughout much of California. These two Sheriffs must respect the constitutional rights of their citizens to bear arms.”

“California is often a leader in so many ways, but our state lags badly in streamlining its firearms laws,” said Gene Hoffman, Chairman of The Calguns Foundation. “We need 21st century gun laws that respect our Constitutional rights, and adopt modern, widely accepted practices that work well throughout the United States. Hopefully this action will serve as a wake-up call to our legislators, and to those officials who stubbornly resist accommodating Second Amendment rights. If they don’t reform, reform will come through litigation.”

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

The Calguns Foundation (www.calgunsfoundation.org) is a non-profit legal defense fund for California gun owners. The Calguns foundation works to educate government and the public and protect the rights of individuals to own and lawfully use firearms in California.

A copy of the complaint is available:
http://www.hoffmang.com/firearms/syk...2009-05-09.pdf

Case progress will be available on the case's wiki.

-Gene
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Last edited by hoffmang; 07-09-2009 at 11:08 PM.. Reason: Added CCW to the subject line. - Added wiki link.
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  #2  
Old 05-05-2009, 12:57 PM
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First post! Good job on getting Sykes on board.
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Old 05-05-2009, 12:58 PM
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Whoa!!! This is great....feels like a flood of activity lately. Thanks and keep up the good work! Donation inbound.

Last edited by tmuller; 05-05-2009 at 1:00 PM..
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Old 05-05-2009, 12:59 PM
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Congrats!!

I'm very excited to see CGF stepping in front of the parade. Some of the folks threatening to challenge this in the criminal justice system scared the bejeezus out of me.
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Old 05-05-2009, 1:00 PM
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You all may remember Ms. Sykes from this story in The Sacramento Bee.



-Gene
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Old 05-05-2009, 1:00 PM
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When it rains... IT POURS!

Look out America, California wants back in!
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Old 05-05-2009, 1:03 PM
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Holy shnikies! I guess it will be easier for CA to write them one big massive check instead of 3 or 4 at once for the Roster challenge and others, eh?
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In Pennsylvania Your permit to carry concealed is called a License to carry fire arms. Other states call it a CCW. In New Jersey it's called a crime.
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Old 05-05-2009, 1:03 PM
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Great news!
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  #9  
Old 05-05-2009, 1:09 PM
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so were working the handgun bag for all its worth i see. i'll be turning 21 soon and i appreciate all your efforts.
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Old 05-05-2009, 1:09 PM
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Gene,

Requesting that 12050 be declared unconstitutional is way cool!

This action is keeping my April 20th 2nd Amendment in California smile going on my face.

My May contribution is on its way to you guys, and keep up the good work.

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  #11  
Old 05-05-2009, 1:12 PM
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Wow, talking about picking the right plaintiffs. This case and the safe handgun case are very well planned and thought out. I would love to be a fly on the wall in Gene's office.
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Old 05-05-2009, 1:12 PM
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Beautiful, great news. CalGun is on my monthly donation list, I hope everyone else will do the same by donating what they can, each month.
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Old 05-05-2009, 1:15 PM
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Very happy to see us on the offensive. AWB next?
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Old 05-05-2009, 1:15 PM
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EXCELLENT! A classic Gura and team nuclear strike, especially in the plaintiffs selection.

I'm glad this is being done so quickly because it's plain to me that there will be a bunch of pro se CCW cases coming up also, and the last thing we need is to have someone like Gary Gorski making CCW case law in this state.
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Old 05-05-2009, 1:15 PM
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That just sounds sooooooo.... sweet.

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Defendants are propagating customs, policies, and practices that violate Plaintiffs’ rights to equal protection of the laws under the Fourteenth Amendment to the United States Constitution
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Old 05-05-2009, 1:15 PM
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Quote:
Originally Posted by Prc329 View Post
Wow, talking about picking the right plaintiffs. This case and the safe handgun case are very well planned and thought out. I would love to be a fly on the wall in Gene's office.
Um, Gene keeps an eye out for insects and bugs of all kinds.
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Old 05-05-2009, 1:15 PM
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I'm manic-giddy.
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Old 05-05-2009, 1:17 PM
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I hope I don't have to remind everyone that freedom isn't free. Please donate.

"Good Cause" and "moral character" means not prohibited. This document from 1789 says so.

-Gene
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Old 05-05-2009, 1:18 PM
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You guys rock! As soon as I can find another job, I'm sending in a donation
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Old 05-05-2009, 1:18 PM
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WOOT WOOT



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Old 05-05-2009, 1:21 PM
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Quote:
Originally Posted by SigShooter View Post
When it rains... IT POURS!

Look out America, California wants back in!
LOL.

+1.


Kudos CGF!
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  #22  
Old 05-05-2009, 1:21 PM
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Very nice!
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Old 05-05-2009, 1:22 PM
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Great news! Thank you for all the effort!
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  #24  
Old 05-05-2009, 1:24 PM
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Unleash the TSUNAMI!

You guys rock!

(I better get off my butt and DONATE!)
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Old 05-05-2009, 1:26 PM
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Quote:
Originally Posted by hoffmang View Post
filed a lawsuit
In what court?
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Old 05-05-2009, 1:27 PM
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$$$ inbound...
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Old 05-05-2009, 1:28 PM
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In what court?
U.S. District Court for the Eastern District of California.

It's right on the cover leaf of the complaint. It's a good read, download it.
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  #28  
Old 05-05-2009, 1:28 PM
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Jumpin' Jehosephat, Gene, you guys really *were* clawing at the bars just waiting to be let out of the cage, weren't you?

This is item #2 on the agenda, and it has taken all of fifteen days. By extrapolation, and we all know that extrapolation is extraordinarily accurate, the challenge to the CA AW ban will be filed on May 12 or 13th.

However, the first challenge took ten days and the second five days after that, so there may have been a five-day bit of overhead to get the ball rolling. If so, then it should only take five days to begin the AW ban suit. Since you can't file on Sunday, that means the filing will be Monday May 11th.

While the term blitzkreig has already come up, I'd like to propose that this be termed the "Shock And Awe" campaign.





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Old 05-05-2009, 1:28 PM
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Quote:
Originally Posted by sierratangofoxtrotunion View Post
In what court?
The complaint is at the bottom of the first post, but the answer is US District Court, Eastern District of California.

-Gene
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Old 05-05-2009, 1:29 PM
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All I can do is smile and laugh... and donate.

Another great job, CGF. Lindz will be especially happy to hear
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Old 05-05-2009, 1:30 PM
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Awesome! Can't wait to see what's yet in store as part of your "blitzkrieg"!



-Jason
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Old 05-05-2009, 1:32 PM
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Two Weeks!
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Old 05-05-2009, 1:36 PM
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So we're calling this one Nagasaki?
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Old 05-05-2009, 1:37 PM
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I hope I don't have to remind everyone that freedom isn't free. Please donate.
Another $200 on the way, bill paid this time so you don't have to share with PayPal.
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Old 05-05-2009, 1:38 PM
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Donation sent.

Get 'em guys!

tim
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Old 05-05-2009, 1:38 PM
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So we're calling this one Nagasaki?
Fat Man. Little Boy was the Roster.
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Old 05-05-2009, 1:39 PM
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Best of luck on the case. This is wonderful news. Thanks to all you guys for what you are doing.
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Old 05-05-2009, 1:40 PM
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Quote:
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So we're calling this one Nagasaki?
Heh. Yeah, but then what are we going to call the third lawsuit (which, as I've infallibly calculated, will come no later than the middle of next week)? Ivy Mike?

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Old 05-05-2009, 1:40 PM
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Quote:
Originally Posted by yellowfin View Post
So we're calling this one Nagasaki?
Quote:
Originally Posted by DDT View Post
Fat Man. Little Boy was the Roster.
Nah....the real one is when the CA AWB falls along with the "large-capacity" magazine ban.
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Old 05-05-2009, 1:42 PM
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Quote:
Originally Posted by hoffmang View Post
I hope I don't have to remind everyone that freedom isn't free. Please donate.

"Good Cause" and "moral character" means not prohibited. This document from 1789 says so.

-Gene
Thank you Gene, The Calguns Foundation, The Second Amendment Foundation, and all those involved!!! Will donate more as budget allows.
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