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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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CGF Supported: Scocca v. Smith (Santa Clara Carry Equal Protection, Sunshine)
SAN JOSE, CA – Tom Scocca, The Calguns Foundation, and The Madison Society have filed a lawsuit seeking to compel Santa Clara County Sheriff Laurie Smith to respect the equal protection rights of carry license applicants and conform her carry license policies to state law.
Tom Scocca is a Director of Security Risk Management at a large Silicon Valley semiconductor business. Mr. Scocca has "good cause" that is directly comparable to many of the 70 applicants who have successfully received carry permits in Santa Clara County. Further, Mr. Scocca experienced first hand the effect of unlawful policies that members of Calguns Foundation and The Madison Society experience when attempting to apply for a carry permit from Sheriff Smith. Tom Scocca faces real threats in performing his job. His work requires him to investigate intellectual property compromise and the theft of valuable company property. Though he is licensed by the state of California to openly carry a firearm, he needs to be able to investigate without raising suspicion. “I've been in law enforcement in the past and am trusted by California to carry a loaded firearm,” Scocca said. “However, even though my good cause is equal to or more worthy than many other applicants who have had their licenses issued, Sheriff Smith arbitrarily denied my application.” Attorney Don Kilmer, representing the plaintiffs in this case, said, “It’s a shame that Sheriff Smith doesn't take the Constitution seriously. This case really isn't about guns, it is about treating citizens fairly and equally while following California Law.” “Sheriff Smith has to implement a carry license application process that follows California law and treats similarly situated applicants equally,” said Gene Hoffman, Chairman of The Calguns Foundation. “It is especially troubling that a Sheriff would operate a license process in ignorance of state law and binding court precedent.” 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. The Madison Society (www.madison-society.org) promotes and preserves the Constitution of the United states through education and litigation. The Madison Society specifically focuses it's litigation efforts challenging laws, ordinances, regulations, and any other restrictions and infringements on the right of citizens to "keep and bear arms." A copy of the complaint is available: http://www.archive.org/download/gov....238467.1.0.pdf Mr. Scocca, CGF, Madison, and Don Kilmer would like to thank Preston Guillory for his assistance in developing this case. -Gene
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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
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#2
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GREAT NEWS!!! Stirring things up in "the Belly of the (anti) Beast" (SF Bay Area).
CGF and the Madison Society on the move! "Go Team, Go!" I'm sure Ahern (Alameda), Livingston (CoCoCo), and Hennessey (SFSO) (Hmm. Or would you go after Interim Chief Godown, SFPD?) will be happy to hear this. LOL!
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240+ examples of CCWs Saving Lives. Last edited by Paladin; 03-24-2011 at 4:35 PM.. |
#6
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This is an important step forward. If sheriffs feel free to flaunt state law as it now exists, what might they do once we get good cause statements and other noxious features struck from the books?
Everyone involved in this, way to go!
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Proud to belong to the NRA Members' Council of Santa Clara County Disclaimer: All opinions are entirely my own. |
#8
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Great job guys! CGF rocks!
Are we looking at a Sacramento type outcome (settlement) or will they have to be taken to the mat on this one?
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Quote:
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#9
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Yes, and that statement also is said in sincerity.
Preston Guillory ("TBJ") has done a lot of useful work in CCW matters. While there are political differences about "how things move up the ladder", we still do indeed recognize those contributions.
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Bill Wiese San Jose, CA CGF Board Member / NRA Benefactor Life Member / CRPA life member
No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. |
#11
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Quote:
-Gene
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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
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#12
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I'm very curious as to their response to this. They can't even go Yolo style and say they have a state interest in keeping people from bearing arms who dont conform to their arbitrary standards, since they have issued for similar good cause already meaning the plaintiff has already met their standards.
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#14
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CGF news article on this here: http://calgunsfoundation.org/news/169-scoccavsmith.html
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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. |
#15
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Quote:
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240+ examples of CCWs Saving Lives. |
#16
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That is the filed copy... Imminently repairable.
-Gene
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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
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#18
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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. |
#19
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Time for CGNers to start monitoring the media, both MSM and alternative, for news reports about this.
Might be best to start a separate thread dedicated to linking to/summarizing/discussing those reports.
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240+ examples of CCWs Saving Lives. |
#20
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From the time the sunshine initiative started to this is surprisingly quick! I was waiting to see how the good cause statements would play out against a violator. Good Luck CGF i think it would be hard for them to refute the facts.
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#21
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Thank you for all your great work! Woo!
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member: Electronic Frontier Foundation, NRA, CGF Deer Hunting Rifles? "Let's get rid of those too" - Adam Keigwin, Chief of Staff for Senator Leland Yee |
#22
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Gene / Bill / and others,
Thank you for your relentless defense of the constitution. I am always thrilled when the CalGuns Foundation works to broaden my civil rights, by educating municipalities. I pray this tenacity for educating County Sheriffs on following the letter of the law, will one day bring Alameda County up to par with our State Capitol's County and beyond.
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Looking for a 3" Magnum 870 $200-$250ish |
#23
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Good job. Keep it up.
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"Although personally I am quite content with existing explosives, I feel we must not stand in the path of improvement." Winston Churchill “Among the natural rights of the colonists are these: First a right to life, secondly to liberty, and thirdly to property; together with the right to defend them in the best manner they can” Samual Adams |
#25
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Only because Billy Jack started working on this years before the Sunshine Initiative was started. We really shouldn't overlook his role in this case.
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Proud to belong to the NRA Members' Council of Santa Clara County Disclaimer: All opinions are entirely my own. |
#26
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Quote:
I hope that any sheriff or county attorney reading this takes [another] good look at those letters I've sent... The time to talk through policy deficiencies is fleeting. -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. |
#27
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Will a win in this case have county, district, or statewide effect?
Is there a way to track county expenses incurred as a direct result of illegal policies and procedures? It sure would be nice to be able to say "This ignorant jack wagon has cost the taxpayers of this county $xx,xxx.oo" . **EDIT** can someone help poor billy jack get that egg off of his face? Gene & co. et al have shown where the class acts can be found... . Last edited by choprzrul; 03-24-2011 at 5:11 PM.. |
#28
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Bravo! Bravo!
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Join the NRA! |
#29
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Good timing.
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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 ^ |
#30
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I sure hope they don't think you're kidding! I would hate to be an elected official that costs their tax payers millions because they were in violation of the law!!
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#31
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Just when I was letting CA laws (and this rain) bring me down, Gene has brightened my day!
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Hauoli Makahiki Hou ------- |
#32
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Very nice guys. It's only going to get more entertaining from here I'd say!
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Any Questions about Front Sight memberships or specific information about attending, Feel Free to send me a PM! |
#34
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Cool ..........I have been waiting for this
This means that I might actually get a permit before 2020! Go get em Gene
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Limit politicians to two terms. One in office and one in jail. Beware of people who are certain they are right. That certainty allows them to justify almost any act in pursuit of their goals. ( Jack campbell , Guardian) |
#35
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Page 3, line 7.
Do you mean? Quote:
Quote:
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Looking for a 3" Magnum 870 $200-$250ish |
#37
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I would hope soon as well. You would think that because the county is broke they wouldn't waste money just to sick it to the constitution. I have a feeling that la might be one of the last ones to turn.
Well keep up the good work! |
#38
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"insure" has more than one meaning, one of which is equivalent to "ensure"
but did you mean Quote:
Quote:
anyway, good job CGF! looking forward to seeing how this plays out!
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Live between Santa Cruz and SLO? Want to get involved? Check out the Central Coast Calguns Community Chapter And join the Central Coast Region Social Group! NRA Life Member - CRPA Life
Statements posted here are the sole opinions of the author and not those of CGN, CGF, CRPA, or any other institution or agency unless otherwise noted. |
#40
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Quote:
Kidding. I know everyone wants their County to be next. Well done to all. I'm certain that a very well considered plan is unfolding.
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"An unarmed man can only flee from evil. And evil is not overcome by fleeing from it" - Col. Jeff Cooper "Shot placement trumps all." |
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