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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #1  
Old 03-09-2012, 5:20 PM
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Default CALGUNS FOUNDATION SUES LOS ANGELES COUNTY, SHERIFF LEE BACA (3/9/12)

San Carlos, CA (March 9, 2012) – Continuing its Carry License Sunshine and Compliance Initiative, The Calguns Foundation (CGF) has filed a lawsuit today in Los Angeles Superior Court against Los Angeles Sheriff Leroy “Lee” Baca, the Los Angeles County Sheriff’s Department, and Los Angeles County. The case, entitled Jennifer Lu, et al. v. County of Los Angeles, et al., challenges the Sheriff’s ban on accepting and processing applications for carry licenses submitted by city residents.

The Calguns Foundation is joined in the lawsuit, by three individual plaintiffs.

“Sheriff Baca made the unfortunate decision to repeat historical failure,” noted CGF Chairman Gene Hoffman. “Apparently, the Sheriff and County do not feel bound to follow the precedent they set when the California Court of Appeals ruled against them in 1976. We look forward to refreshing their memory.”

In the case of Salute v. Pitchess, the Court held that “[i]t is the duty of the sheriff to make . . . an investigation and determination, on an individual basis, on every application” for a handgun carry license. Then-Los Angeles Sheriff Peter Pitchess had “a fixed policy of not granting applications . . . … except in a limited number of cases.”

California requires that people who desire to carry a handgun for self defense be licensed by the sheriff of the county in which they reside, or, at the applicants’ option, they can apply to their city’s chief of police. However, sheriffs cannot require applicants to first apply to and be denied by a city’s chief of police as a prerequisite to application.

“The State of California very intentionally established a standardized carry license framework: if you’re a sheriff, you have a duty to administer the carry license program for all residents of your county,” clarified Brandon Combs, an officer of CGF and director of the Carry License Initiative. “Sheriff Baca’s intent in enforcing these unlawful regulations is quite clear: make it as difficult as possible for law-abiding residents of Los Angeles County to defend their lives and those of their families. Not only does he treat some deserving applicants differently than others, he uses the rejections by cities’ chiefs of police - that his policy requires - as evidence against the applicants when they apply to him.”

“Jennifer Lu and the other plaintiffs have every reason to desire a handgun carry license, not the least of which is that it is their fundamental right under the Constitution as Federal courts in both West Virginia and Maryland ruled earlier this week,” said Jason Davis, attorney for the plaintiffs. “Sheriff Baca is circumventing state and constitutional law, and we’re confident that this case will bear that out.”

A copy of the complaint and case filings can be downloaded at http://bit.ly/lu_v_baca.
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  #2  
Old 03-09-2012, 5:22 PM
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Been wondering when this would get filed. Go get em!
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  #3  
Old 03-09-2012, 5:24 PM
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Hell yeah! Thank you.
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  #4  
Old 03-09-2012, 5:26 PM
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EPIC!!! Can't wait for this to trickle on down to the OC!!!
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  #5  
Old 03-09-2012, 5:26 PM
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Just saw the email.

Nice!!!

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Old 03-09-2012, 5:26 PM
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Thank You
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  #7  
Old 03-09-2012, 5:27 PM
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Great news!
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Old 03-09-2012, 5:27 PM
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Awesome.....keep up the fight.
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Old 03-09-2012, 5:27 PM
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This is why I give to CGF. Thanks WH..
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  #10  
Old 03-09-2012, 5:27 PM
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Awesome.
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  #11  
Old 03-09-2012, 5:30 PM
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don't forget to drop your money in the bucket!

thanks CGF
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Old 03-09-2012, 5:30 PM
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More fuel for the fire! Good job! :-)
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  #13  
Old 03-09-2012, 5:32 PM
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  #14  
Old 03-09-2012, 5:32 PM
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good ****....thank you guys!
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  #15  
Old 03-09-2012, 5:33 PM
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Too bad CalGuns can't REALLY sue Sheriff Baca. If he was really sued, he would face the personal financial imposition of defending his clearly errant behavior. As it is, the tax payers of the region will pay for his defense, meaning that he learns absolutely NOTHING from the experience.
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  #16  
Old 03-09-2012, 5:34 PM
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Holy Freaking Moly, I just received the email!!! YES SIR!!!! Awesome!!!
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  #17  
Old 03-09-2012, 5:35 PM
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Awesome
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  #18  
Old 03-09-2012, 5:42 PM
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I'm still confused. Aren't there 2 other cases already in L.A doing just this? What's the difference between the 3.
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  #19  
Old 03-09-2012, 5:42 PM
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And on the 8th day.. God created Cal-Guns Foundation!!!! AWESOME!!!
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  #20  
Old 03-09-2012, 5:42 PM
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Go get them guys!!

$50 to CGF.

Use if for lunch or whatever...

.
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  #21  
Old 03-09-2012, 5:44 PM
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Thanks CGF!

Donation Details
Confirmation number: 6WK95987RG523934B
Donation amount: $100.00 USD
Total: $100.00 USD
Purpose: Calguns Foundation - General Donation
Reference: 0042
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  #22  
Old 03-09-2012, 5:44 PM
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I read through the filing and this lawsuit is to force LASD to review all LTC applications right?
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  #23  
Old 03-09-2012, 5:48 PM
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What's the estimated time frame for a ruling? 6 months, 1-2 years?...The wheels of justice move so slow
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Old 03-09-2012, 5:50 PM
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This rules! I'm moving to LA county in a few months and it would be awesome to get this county's arse in line.
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Old 03-09-2012, 5:51 PM
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This is great news!



Wait this is great news right?
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  #26  
Old 03-09-2012, 5:52 PM
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And so it begins. Exciting news!
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  #27  
Old 03-09-2012, 5:56 PM
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This just the start....LA County is a HUGE piece of meat that's on the chopping block. Piece by piece, we are gaining more and more momentum. Remember...freedom is not free.
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Old 03-09-2012, 5:56 PM
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  #29  
Old 03-09-2012, 5:57 PM
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don't forget to drop your money in the bucket!

thanks CGF

I'm in for $100.00
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Old 03-09-2012, 5:58 PM
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If he still gets to decide what constitutes a good cause, then what does a win here accomplish?
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Old 03-09-2012, 6:00 PM
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Quote:
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What's the estimated time frame for a ruling? 6 months, 1-2 years?...The wheels of justice move so slow
Yes they do move slowly, but they do move forward....
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Old 03-09-2012, 6:01 PM
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A sincere thank you.
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Old 03-09-2012, 6:04 PM
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Well, Shoot! Now I gotta donate more money.
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  #34  
Old 03-09-2012, 6:04 PM
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Quote:
Originally Posted by gugoo View Post
I read through the filing and this lawsuit is to force LASD to review all LTC applications right?
This case is to compel the Los Angeles Sheriff [Baca] to accept and process all carry license applications under Cal. Penal Code Sec. 26150 et seq. [made by residents of the county and by eligible business applicants].

It may also have the effect of prompting other sheriffs currently enforcing a similar policy to revise it, quickly.

-Brandon
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Old 03-09-2012, 6:04 PM
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Quote:
Originally Posted by Harrison_Bergeron View Post
If he still gets to decide what constitutes a good cause, then what does a win here accomplish?
Many lawsuits are already pending/in the works...

CGF is playing Chess....long term.
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  #36  
Old 03-09-2012, 6:05 PM
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Best news I've heard in months! An no more of a deserving person to address the lawsuit towards.

THANKS!!!




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  #37  
Old 03-09-2012, 6:06 PM
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Quote:
Originally Posted by Ding126 View Post
What's the estimated time frame for a ruling? 6 months, 1-2 years?...The wheels of justice move so slow
A good question. Importantly, we're going for an injunction on the enforcement of the challenged sections of the policy. We could see this case concluded within 60-90 days.

-Brandon
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  #38  
Old 03-09-2012, 6:06 PM
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"CGF: when you absolutely, positively have to sue every mfer in the room."
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Last edited by ojisan; 03-09-2012 at 6:22 PM..
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  #39  
Old 03-09-2012, 6:07 PM
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That is awesome. I'm reading the complaint now. As much as I would love to have a LTC right now, I actually hope that Sheriff Baca fights this endlessly and runs up enormous legal bills and is forced to buy Calguns Foundation something like this:

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Old 03-09-2012, 6:09 PM
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Quote:
Originally Posted by Harrison_Bergeron View Post
If he still gets to decide what constitutes a good cause, then what does a win here accomplish?
Richards is a separate case in which CGF is looking to establish that good cause is "self defense" and good moral character is "not otherwise prohibited." So success in that case will remove discretion from the sheriffs entirely. A win here forces compliance with the law and prevents any further funny business once discretion is gone. None of CGF's cases exist in a vacuum, they are all part of a wider strategy. I must say that strategy looks more and more genius with every case filed.

ETA: This case being filed is a great way to end an awesome week for gun rights. Thanks CGF!

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