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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 10-25-2010, 7:58 AM
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Default CGF:Sykes becomes Richards v. Prieto/Yolo

Second Amendment Rights Are Reaffirmed After Sacramento County Sheriff's Office Changes Carry License Policies Say Gun Rights Organizations
Case Continues Against Yolo County to Secure Right to Self-Defense


Bellevue, WA and San Carlos, CA (October 25, 2010) - The Second Amendment Foundation (SAF) and the Calguns Foundation have dismissed their case against Sacramento County, California and its Sheriff, John McGinness, after the Sheriff modified his handgun carry permitting policy. Law-abiding Sacramento County residents may now successfully apply for permits to carry handguns by asserting self-defense as a basis for carry permit issuance. A one-year residency requirement has been eliminated, as has policy language that tied self-defense to arbitrary geographic factors.

While Sacramento County has changed its policies, other counties still fail to recognize that self-defense is a legally sufficient reason for issuance of a handgun carry permit. The litigation will continue against Yolo County and its Sheriff, Ed Prieto, on behalf of SAF, Calguns, and Davis resident Adam Richards. Additionally, this past March, Calguns supporter Brett Stewart unsuccessfully asserted self-defense as a basis for seeking a carrying license from Sheriff Prieto . The Sheriff’s written policy states that “self protection and protection of family (without credible threats of violence)” are insufficient reasons to exercise Second Amendment rights. Mr. Stewart will seek to join the litigation as a plaintiff in this case, now styled Richards v. Prieto.

“We are very happy to have been able to work with Sheriff McGinness to assist Sacramento County in revising their policies and practices,” said Gene Hoffman, Chairman of the Calguns Foundation. “Over the past year, more than 30 of our law abiding members and supporters have received licenses to carry firearms with ‘good cause’ statements that are simple variations of self-defense. Even though the Sheriff is retiring at the end of the year, both candidates to replace Sheriff McGinness have publicly stated their support for Second Amendment rights and that they consider self-defense a compelling reason for issuance of gun carry permit.”

“The Second Amendment Foundation will continue working with the Calguns Foundation and keep funding attorney Alan Gura’s lawsuits in California until everyone’s firearms civil rights are fully protected,” added SAF founder Alan Gottlieb. “Together, we will see many more legal victories.”

For those who wish to apply for a CCW permit, the Calguns Foundation maintains an informational portal to assist applicants in all 58 California counties as part of its recently announced Carry Licensing Compliance and Sunshine Initiative. The Sacramento County page has details on the actual procedure and successful good cause statements and is available at http://bit.ly/CGFSacCarry

___
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 650,000 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 501(c)3 non-profit organization which serves its members by providing Second Amendment-related education, strategic litigation and the defense of innocent California gun owners from improper or malicious prosecution. The Calguns Foundation works to educate government and protect the rights of individuals to acquire, own, and lawfully use firearms in California.
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  #2  
Old 10-25-2010, 8:01 AM
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Outstanding! Thank you CGF.
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  #3  
Old 10-25-2010, 8:05 AM
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woooohoooo! This is an awesome victory!
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Old 10-25-2010, 8:06 AM
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Keep up the good work... Time to donate to the foundation
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  #5  
Old 10-25-2010, 8:07 AM
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A home run....
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  #6  
Old 10-25-2010, 8:07 AM
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  #7  
Old 10-25-2010, 8:07 AM
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The first domino falls.....?
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  #8  
Old 10-25-2010, 8:09 AM
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Awesome job guys! On to the next county! But, Sacto county is a huge milestone, as we all know what happens in sacto, kind of influences the rest of the state! kudos to all involved!
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Old 10-25-2010, 8:12 AM
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Thank You!!!!! Hopefully the rest follow suit quickly!!!!
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  #10  
Old 10-25-2010, 8:13 AM
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Great news! Is there any fear of Sac County going back to its old ways in the future?

ETA: Does this have any bearing on the Yolo county suit?
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  #11  
Old 10-25-2010, 8:13 AM
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Now this is the kind of news I love to hear on Mondays.

Excellent job CGF et al.!
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Old 10-25-2010, 8:15 AM
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Great work! Thank you!!
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  #13  
Old 10-25-2010, 8:16 AM
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Awesome! Thanks CGF and SAF!
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Old 10-25-2010, 8:17 AM
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Excellent news, Gene!
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  #15  
Old 10-25-2010, 8:19 AM
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Thank you guys for all your hard work! Great job!
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  #16  
Old 10-25-2010, 8:20 AM
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Quote:
Originally Posted by RobG View Post
ETA: Does this have any bearing on the Yolo county suit?
Yeah, kinda - from the first post
Quote:
Bellevue, WA and San Carlos, CA (October 25, 2010) - The Second Amendment Foundation (SAF) and the Calguns Foundation have dismissed their case against Sacramento County, California and its Sheriff, John McGinness,
...
The litigation will continue against Yolo County and its Sheriff, Ed Prieto, on behalf of SAF, Calguns, and Davis resident Adam Richards. ... this case, now styled Richards v. Prieto.
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Old 10-25-2010, 8:22 AM
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Quote:
Originally Posted by RobG View Post
Great news! Is there any fear of Sac County going back to its old ways in the future?ETA: Does this have any bearing on the Yolo county suit?
That would be my concern. Without the force of a court decision behind it what's to prevent any sheriff, or successive sheriff from pulling a Hutchins? Hopefully Yolo or San Diego will be stubborn enough to give us the court decision we need to prevent such things.
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Old 10-25-2010, 8:23 AM
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Quote:
Originally Posted by RobG View Post

ETA: Does this have any bearing on the Yolo county suit?
I don't know about ETA but this sure ratchets up the pressure on Yolo. Yolo county is like a mouse compared to the elephant that is Sacto, and the elephant just caved and left the mouse to fight the battle all by itself. Not a great position to be in if you're the mouse.
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  #19  
Old 10-25-2010, 8:25 AM
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Quote:
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Yeah, kinda - from the first post
I saw that litigation continues. I do not know how intertwined the two cases were/are and was curious as to the effect of dropping the suit against one but keeping the other going.
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Old 10-25-2010, 8:26 AM
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This is great news.

SACRAMENTO folded!

*** ***** county is on the way (redacted because it might be secret)!

Pretty soon there will only be 3-4 holdouts left.
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  #21  
Old 10-25-2010, 8:28 AM
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That would be my concern. Without the force of a court decision behind it what's to prevent any sheriff, or successive sheriff from pulling a Hutchins? Hopefully Yolo or San Diego will be stubborn enough to give us the court decision we need to prevent such things.
Both the current candidates for Sheriff, I believe, have indicated that intend to follow this policy.

Regardless, this settlement does not include any agreement from us not to sue them again, in the future. If they go back to their old ways, we'll quickly get on them, again. Given they settled this case, previously, they'd be in a very bad state if they changed their policy and required us to go to court, again.
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Old 10-25-2010, 8:30 AM
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Also, obviously, this is the answer to the question "why haven't you filed more stuff in Sykes, did we miss a deadline?"

We've been in settlement talks for months. We couldn't tell you anything about it, directly, because we didn't want to risk blowing up the settlement.

Obviously, we'll be moving forward against Yolo with all haste now that this is out of the way.
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  #23  
Old 10-25-2010, 8:32 AM
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Quote:
Originally Posted by the_quark View Post
Also, obviously, this is the answer to the question "why haven't you filed more stuff in Sykes, did we miss a deadline?"

We've been in settlement talks for months. We couldn't tell you anything about it, directly, because we didn't want to risk blowing up the settlement.

Obviously, we'll be moving forward against Yolo with all haste now that this is out of the way.
So is it safe to assume that settlement talks did not work with Yolo county?
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Old 10-25-2010, 8:34 AM
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Both the current candidates for Sheriff, I believe, have indicated that intend to follow this policy.

Regardless, this settlement does not include any agreement from us not to sue them again, in the future. If they go back to their old ways, we'll quickly get on them, again. Given they settled this case, previously, they'd be in a very bad state if they changed their policy and required us to go to court, again.
Good to know. It's just not as secure a position as a judicial or legislative mandate as a boundary to guide future policies. But if more and more CCWs can get out there then we, like other states, can establish the empirical evidence need to show that CCWs for the law-abiding are a non-issue and then perhaps can get an easier shall-issue system passed, especially if Sheriff's see that they can't handle the processing for the fees they're allowed to charge.
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Old 10-25-2010, 8:35 AM
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So is it safe to assume that settlement talks did not work with Yolo county?
As far as I'm aware, Yolo has made no move to settle.
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Old 10-25-2010, 8:36 AM
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Also, obviously, this is the answer to the question "why haven't you filed more stuff in Sykes, did we miss a deadline?"

We've been in settlement talks for months. We couldn't tell you anything about it, directly, because we didn't want to risk blowing up the settlement.

Obviously, we'll be moving forward against Yolo with all haste now that this is out of the way.
Based on your previous post, would this be considered a "binding settlement agreement" type of deal? Like with the terms of the settlement stipulated in writing? Just curious.
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Old 10-25-2010, 8:37 AM
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This is great news. For those with doubts, as to the future state of RKBA in California, this is a good example of proof. The reason why CGF should get your support.
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Old 10-25-2010, 8:38 AM
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Awesome news guys. CGF is the real deal and everyone should get out their checkbooks for some donation time today.
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Old 10-25-2010, 8:39 AM
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Quote:
Originally Posted by Untamed1972 View Post
Good to know. It's just not as secure a position as a judicial or legislative mandate as a boundary to guide future policies. But if more and more CCWs can get out there then we, like other states, can establish the empirical evidence need to show that CCWs for the law-abiding are a non-issue and then perhaps can get an easier shall-issue system passed, especially if Sheriff's see that they can't handle the processing for the fees they're allowed to charge.
Certainly for the precedent, it's nice to get a court decision. That said, if the other party capitulates, there's not much you can do to continue (see the San Francisco Housing Authority case, for example). As far as this particular county goes, the courts tend to take a dim view of government entities that change their policies to get a civil rights lawsuit dropped, and then go back to the old policies. Were they to do something like that, I don't think it would go well for them in court.

Also, on the last point, this is completely separate from our attempting to clean up the administration of CCW systems by counties.
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  #30  
Old 10-25-2010, 8:41 AM
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And the big picture emerges!

Thank you, gentlemen. I’m off to eat a sandwich and take a nap.

Wake me when the assault on the “big four” begins.

I hope the war chest holds out.
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Old 10-25-2010, 8:44 AM
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First off, thank you CGF and to the many others that dedicated their time and energy to the progress that has been made. I do, however, have a question. Are we truly at "shall issue" in Sacramento County? The fact they Sac County accepts personal defense as a good cause is huge progress, but are other factors being taken in to consideration by the issuing agency other than if the applicant can legally own a handgun and their personal defense good cause? Theoretically, a person can have quite a "colorful" past and not be a prohibited person. Thoughts?
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Old 10-25-2010, 8:45 AM
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Nice work! Keep moving south.
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Old 10-25-2010, 8:46 AM
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Quote:
Originally Posted by RobG View Post
I saw that litigation continues. I do not know how intertwined the two cases were/are and was curious as to the effect of dropping the suit against one but keeping the other going.
It was one case, two defendants. One defendant has been dropped.
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There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

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Old 10-25-2010, 8:46 AM
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Brett, you make reference to a "settlement". Is there a written settlement with McGinness? Last week he commented on radio that Sykes has had no influence on how he's issued CCWs. According to him, the only reason he didn't grant more CCWs is because more people didn't apply.

Also, did Ms. Sykes receive a CCW?
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  #35  
Old 10-25-2010, 8:47 AM
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Come on down to Contra Costa when you whip the ****e out of Yolo. We need the same treatment here.
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Old 10-25-2010, 8:47 AM
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Quote:
Originally Posted by the_quark View Post
As far as I'm aware, Yolo has made no move to settle.
Thank you for the info and all the hard work done by CGF Guess I'll have to continue to wait for Yolo to (hopefully) cave as did Sac.

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It was one case, two defendants. One defendant has been dropped.
I see, thanks.
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Old 10-25-2010, 8:49 AM
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Thanks for the hard work. I left a message for Amber this morning, to drop of my CCW package.
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  #38  
Old 10-25-2010, 8:51 AM
Untamed1972 Untamed1972 is offline
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Quote:
Originally Posted by IVC View Post
To be a devil's advocate, what happens if the Sheriff doesn't follow through on the intent and, while accepting the "self defense as a good cause", finds something else to drag his feet. For example, makes the process last 2 years, or doesn't accept character reference letters or any other variety of possibilities.

EDIT: Never mind - by the time I typed it, there were 20+ posts on this topic. Good news travell fast!
Doesn't the statute in the PC require them to give you an answer within 90days?
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  #39  
Old 10-25-2010, 8:56 AM
Chatterbox Chatterbox is offline
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Let's say Yolo folds also ... doesn't that mean that after all sturm-and-drung, we're still no closer to statewide CCW shall issue? Would the strategy then shift to county by county litigation? Seems...messy and annoying. Any chance of adding defendants to the suit, like Los Angeles/Marin County?
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  #40  
Old 10-25-2010, 8:58 AM
Lone_Gunman Lone_Gunman is offline
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Outstanding! As a recently approved Sac County applicant I appreciate you guys more than you can know. Keep up the good work and THANK YOU!!!
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