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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 07-27-2011, 1:20 PM
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Default CGF: Rossow v. Merced (Carry License Applications)

Calguns Foundation Sues Merced County, Sheriff Mark Pazin
Over Unlawful Carry Application Policies

San Carlos, CA (July 27, 2011) – As part of its ongoing Carry License Compliance and Sunshine Initiative, the Calguns Foundation has filed a lawsuit in Merced County Superior Court challenging Merced County and its Sheriff’s firearm carry licensing policy for violating state law. Joining CGF are three individual plaintiffs who have been harmed by these policies, Michelle and Seth Rossow and James Clark. The plaintiffs are represented byJason Davis of Mission Viejo and Donald Kilmer of San Jose.

California firearm carry license laws currently require applicants to have “good cause” and “good moral character.” The Calguns Foundation believes that those requirements are an unconstitutional prior restraint on the people’s right to bear arms, and is challenging those requirements in its Federal lawsuit over Yolo County’s carry licensing scheme in Richards v. Prieto, currently on appeal to the Ninth Circuit Court of Appeals in San Francisco.

However, in Merced County, the Sheriff saddles applicants with additional forms, fees, and processes - even for individuals who meet the heightened good cause and moral character requirements -· that, CGF alleges, violate state law.

“Sheriff Pazin has had ample time to create a policy that adheres to state law,” said Brandon Combs, a director of CGF and leader of the Initiative. Calguns Foundation first contacted Merced in October of 2010, when it discovered that the Sheriff had established an unlawful moratorium on carry license applications. The Sheriff subsequently lifted the moratorium, but has since refused to modify parts of his policy that CGF identified as unlawful.

“This case is definitely important to all Merced County residents who seek a carry license,” added CGF chairman Gene Hoffman. “What Sheriff Pazin has done is further burden a process that’s already costly and complex with unlawful requirements and fees. We are merely requesting the court mandate that the Sheriff’s policy be consistent with existing law.

In 1999, California enacted Assembly Bill 2022 to enforce standards upon the carry licensing process. "The Legislature, in AB 2022, sought to address the arbitrary and widely-varying abuses in carry license policies between different cities and counties in California,” said Jason Davis. “They made it clear that application requirements, forms, and fees are to be uniform throughout the state."

“When we found out my wife was about to become a new mom," said plaintiff Seth Rossow, "we knew we needed to take steps to protect our family when we weren’t in our home. We’ve had problems with meth users hiding at our ranch, and we watch the news like everybody else. In this day of budget cuts and reduced law enforcement patrols, it is important for us to be able to easily apply for our carry licenses.”

“The Rossow’s concerns for their safety are not unique," added Don Kilmer. "California created a system that was designed so that applicants could focus on important issues, like training,rather than worry about a local form the Sheriff might or might not want them to fill out that day.”

“Ultimately, this case is about making carry license policies consistent with California law,” said Gene Hoffman. “We believe that we can accomplish this without 58 lawsuits, but if that’s what it requires, that’s what we are prepared to do.”

A downloadable copy of the complaint may be found at CGF’s downloads library. More information on Calguns Foundation’s Carry License Compliance and Sunshine Initiative and other Second Amendment-related litigation and educational efforts can be found at www.calgunsfoundation.org.

___

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 seeks to inform government and protect the rights of individuals to acquire, own, and lawfully use firearms in California.

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Gene Hoffman
650-275-1015
hoffmang@calgunsfoundation.org
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  #2  
Old 07-27-2011, 1:21 PM
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More thoughts, and thank-yous, to follow.

-Brandon
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  #3  
Old 07-27-2011, 1:26 PM
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Hmmm, already on the CalGuns.net Facebook page.
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  #4  
Old 07-27-2011, 1:29 PM
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Loving it!

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  #5  
Old 07-27-2011, 1:30 PM
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Go get 'em guys! keep up the great work, eagerly awaiting your arrival to L.A. to lay the smack down here as well.

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  #6  
Old 07-27-2011, 1:31 PM
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Thanks for the leg work Brandon! BTW, my droid won't down load. It says it might not a valid PDF?
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  #7  
Old 07-27-2011, 1:36 PM
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Great work!
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  #8  
Old 07-27-2011, 1:36 PM
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So this what you were talking about on Twitter. Sweet.
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  #9  
Old 07-27-2011, 1:38 PM
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This should be fun to watch.
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  #10  
Old 07-27-2011, 1:40 PM
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Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?

I don't want to seem over anxious....

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Last edited by HowardW56; 07-27-2011 at 1:45 PM..
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  #11  
Old 07-27-2011, 1:42 PM
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When are these counties going to learn that we're not screwing around?
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  #12  
Old 07-27-2011, 1:43 PM
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  #13  
Old 07-27-2011, 1:45 PM
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And Gene Hoffman aint playin' 'rock-scissors-paper...!!!'

This gonna be a righteous CGF smackdown... and I wanna watch!
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  #14  
Old 07-27-2011, 1:45 PM
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Nice! Perhaps the retired Sacramento County Sheriff can tell the Merced administration how easy it is to comply with CGF wishes, and how difficult it can be to ignore. It would save everyone a lot of time and money were Merced to listen.
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  #15  
Old 07-27-2011, 1:46 PM
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Fantastic.
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  #16  
Old 07-27-2011, 1:49 PM
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Some of the CLEOs/Sheriffs should really be ashamed of themselves that it must come to being sued because they refuse to stop violating the law. Hope enjoys a nice frosty, humiliating can of CGF whoopazz!
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Old 07-27-2011, 1:52 PM
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Default To the Sheriff's in violation who are reading this thread....

You're next.

Last edited by Gray Peterson; 07-27-2011 at 1:54 PM..
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  #18  
Old 07-27-2011, 1:56 PM
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Quote:
Originally Posted by HowardW56 View Post

Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?
Can you do Los Angeles next?

I don't want to seem over anxious
....






Can you do San Luis Obispo next?
Can you do San Luis Obispo next?
Can you do San Luis Obispo next?
Can you do San Luis Obispo next?
Can you do San Luis Obispo next?
Can you do San Luis Obispo next?
Can you do San Luis Obispo next?
Can you do San Luis Obispo next?
Can you do San Luis Obispo next?
Can you do San Luis Obispo next?
Can you do San Luis Obispo next?

I don't want to seem over anxious....




There, fixed it for you......
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Old 07-27-2011, 1:58 PM
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You're next.
Parkinson? Parkinson? Parkinson? Anyone.......



Ian wants to go next.....

.
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  #20  
Old 07-27-2011, 2:03 PM
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I see that the docs say that no large-capacity magazines are permitted with CCW, either.

Merced and some other counties include a restriction from being 'under the influence of any medication, whether prescription or not'.

Now, certainly there are psycho-active drugs that influence judgement, and other drugs that influence alertness and reflexes, and perhaps one ought to voluntarily refrain from CCW if such medications are required, just as one might refrain from driving. But the scope of that requirement language includes aspirin for a headache and anti-fungal cream for athlete's foot.

Perhaps at some future date 'under the influence' might be clarified.

Anyway, nicely done!

ETA - the driving analogy actually looks pretty solid. Vehicle Code 312:
Quote:
312. The term "drug" means any substance or combination of
substances, other than alcohol, which could so affect the nervous
system, brain, or muscles of a person as to impair, to an appreciable
degree, his ability to drive a vehicle in the manner that an
ordinarily prudent and cautious man, in full possession of his
faculties, using reasonable care, would drive a similar vehicle under
like conditions.
It does rely on people being 'ordinarily prudent and cautious', always perilous in these times.
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Old 07-27-2011, 2:07 PM
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Excellent! Sheriffs should follow the law too.
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Old 07-27-2011, 2:07 PM
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Originally Posted by jdberger View Post
When are these counties going to learn that we're not screwing around?
When Laurie Smith and Lee Baca are punished and/or removed from their office, or at least forced to issue for self defense and people actually have licenses in hand because of it.
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Some of the CLEOs/Sheriffs should really be ashamed of themselves that it must come to being sued because they refuse to stop violating the law.
You'd think so, but they actually really enjoy refusing to obey the law because they like thinking that they're above it or they ARE the law. To date, they have not been given sufficient compulsion to act differently.
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  #23  
Old 07-27-2011, 2:12 PM
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Sweet, sweet talking. I'm stoked to see this moving forward!

Would it be excessive to refer to him as El Presidente?? Not that anyone believes he's corrupt as the stereotype Mexican official or anything...merely coincidental...

Last edited by greasemonkey; 07-27-2011 at 2:28 PM..
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Old 07-27-2011, 2:19 PM
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Default Thank You From Merced County

As a lifetime resident of Merced County, I would like to thank the Calguns Foundation and all of its contributors for helping us to clean up our sheriff's CCW policies. As the Merced County coordinator, I would also like to thank all of the people who worked with Brandon and I to "box in" the sheriff by forcing him to refuse our CCW applications. Our work will increase this lawsuit's chance of success.

Erik Vaughn
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Old 07-27-2011, 2:24 PM
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Excellent! Sheriffs should follow the law too.

If only we could hold them criminally and financially respnsible for the money they wast in these loosing battles.
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Old 07-27-2011, 2:26 PM
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A little more for the pot...

Amount: $ 50.00
Date: July 27th, 2011 3:25 PM
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Old 07-27-2011, 2:50 PM
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Quote:
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Thanks for the leg work Brandon! BTW, my droid won't down load. It says it might not a valid PDF?
Maybe this link will work for you. Hit "Download".

http://calgunsfoundation.org/resourc...complaint.html
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Old 07-27-2011, 2:51 PM
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Great job to every body involved way to go! CGF Rail road express at full speed!
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Old 07-27-2011, 2:52 PM
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Another good day ... go get 'em.
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Old 07-27-2011, 2:58 PM
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Take em down!
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Old 07-27-2011, 3:26 PM
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Quote:
Originally Posted by hoffmang View Post
“We believe that we can accomplish this without 58 lawsuits, but if that’s what it requires, that’s what we are prepared to do.”
Nice quote.
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Old 07-27-2011, 3:37 PM
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As always. Nice work.
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Old 07-27-2011, 3:37 PM
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Nice quote.
I rather think so.
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Old 07-27-2011, 3:49 PM
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Very nice. Thank you to all those involved.
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Old 07-27-2011, 4:04 PM
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Quote:
Originally Posted by Kicker0429 View Post
As the Merced County coordinator, I would also like to thank all of the people who worked with Brandon and I to "box in" the sheriff by forcing him to refuse our CCW applications. Our work will increase this lawsuit's chance of success.

Erik Vaughn
I want to thank you and the other volunteers. I know a lot of this doesn't happen as quickly as everyone would like, but it takes real effort and a very high level of thoroughness to get these right and put them in the best position to prevail.

That said, this work is expensive. Freedom isn't free. Please find some small part of your ammunition or new gun budget to put to a tax deductible donation to CGF.

-Gene
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Old 07-27-2011, 4:35 PM
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Quote:
Originally Posted by Librarian View Post

Merced and some other counties include a restriction from being 'under the influence of any medication, whether prescription or not'.

Now, certainly there are psycho-active drugs that influence judgement, and other drugs that influence alertness and reflexes, and perhaps one ought to voluntarily refrain from CCW if such medications are required, just as one might refrain from driving. But the scope of that requirement language includes aspirin for a headache and anti-fungal cream for athlete's foot.

Perhaps at some future date 'under the influence' might be clarified.
Even though I find it unlikely that I would be telling the "Librarian" something he didn't know...

The State application "Section 4--CCW License Conditions and Restrictions" Pg 6 of the states application
(about the middle of the section it states that)

"While exercising the privileges granted to the licensee under rhe terms of this license, the licensee shall not, when carrying a concealed weapon:
Be under the influence of any medication or drug, whether prescribed or not."

Can't point the finger at Merced for this one. But the rest of the sentiment is still true.

Feel free to slap me down if I've made a mistake.
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Last edited by Operator; 07-27-2011 at 4:37 PM..
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Old 07-27-2011, 4:35 PM
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That said, this work is expensive. Freedom isn't free. Please find some small part of your ammunition or new gun budget to put to a tax deductible donation to CGF.

-Gene
I put a little more in the pot.... WHO IS NEXT?
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Old 07-27-2011, 4:41 PM
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The application is largely unlawful itself. It's simply not probative on the actual license, as the State statutes are clear on this.

Merced and its Sheriff is being sued for policies of their own choosing, not the state application.

-Brandon

Quote:
Originally Posted by Operator View Post
Even though I find it unlikely that I would be telling the "Librarian" something he didn't know...

The State application "Section 4--CCW License Conditions and Restrictions" Pg 6 of the states application
(about the middle of the section it states that)

"While exercising the privileges granted to the licensee under rhe terms of this license, the licensee shall not, when carrying a concealed weapon:
Be under the influence of any medication or drug, whether prescribed or not."

Can't point the finger at Merced for this one. But the rest of the sentiment is still true.

Feel free to slap me down if I've made a mistake.
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  #39  
Old 07-27-2011, 4:45 PM
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Quote:
Originally Posted by HowardW56 View Post
WHO IS NEXT?
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Old 07-27-2011, 4:55 PM
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Thank you for bringing the smack-down to the central valley.
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