Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > California 2nd Amend. Political Discussion & Activism
Register FAQ Members List Calendar Mark Forums Read

California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

Reply
 
Thread Tools Display Modes
  #1  
Old 05-14-2012, 6:28 PM
wildhawker's Avatar
wildhawker wildhawker is offline
I need a LIFE!!
 
Join Date: Nov 2008
Location: California
Posts: 14,419
iTrader: 84 / 100%
Default CGF Defends Innocent Gun Owner From Criminal Charges, Secures $35,800 Settlement

San Carlos, CA (May 14, 2012) – In an excellent conclusion to another federal civil rights lawsuit, The Calguns Foundation has secured a settlement agreement from defendants the City of Calexico, the Calexico Police Department, Chief of Police James Neujahr, and Calexico PD officer Mario Alcaraz. The case, Ian James Farias v. City of Calexico, et al., alleged that the defendants violated Mr. Farias’ Fourth Amendment rights by improperly arresting him and seizing his lawfully-possessed shotgun. The lawsuit also alleged that the Calexico PD failed to properly train their officers on firearms issues, leading to Mr. Farias’ arrest.

Mr. Farias had been driving through the Imperial County town of Calexico in late January, 2010, when Officer Alcaraz pulled Mr. Farias over for an alleged traffic violation. After receiving consent to search the back seat of the vehicle, Officer Alcaraz observed Mr. Farias’ shotgun – which was being transported unloaded and exposed on the back seat – and arrested Mr. Farias for an alleged violation of Penal Code section 12025 (a statute criminalizing the unlicensed carry of a concealed handgun). Mr. Farias spent 9 hours in the Imperial County Jail before bailing out and contacting The Calguns Foundation to assist in his defense.

With the aid of Foundation attorney Jason Davis of the law firm Davis and Associates, the criminal case against Mr. Farias was eventually rejected by the District Attorney’s Office. Not only did the DA not pursue criminal action against Mr. Farias, but Davis successfully obtained a rare Finding of Factual Innocence for Mr. Farias, which means that “no person of ordinary care and prudence [would] believe or conscientiously entertain any honest and strong suspicion that the person arrested [or acquitted] is guilty.” Mr. Farias then sued in Federal court to seek recovery of damages and mandate proper training, claiming that that the arrest violated his Fourth Amendment rights, among others.

As part of the settlement agreement, the City of Calexico paid Mr. Farias $35,800 and instituted a training program on criminal laws pertaining to firearms. The training bulletin, drafted by Mr. Davis and available for download at this link, and covers topics of search and seizure, loaded firearm laws, unloaded concealed firearm laws, and the Law Enforcement Officer Safety Act. Significantly, the mandated training program also includes training on the recently passed “Open Carry Ban” bill AB144 and the 116 exemptions under which unloaded open carry remains legal.

“The training bulletin is designed to educate the department on California’s complex and convoluted firearm laws,” said Jason Davis. “My client sincerely appreciates the assistance of The Calguns Foundation, which made it possible for us to aggressively pursue the case.”

“This case is a reminder that exercising one’s right to keep and bear arms is not a waiver of their right to be free from unreasonable searches and seizures,” said CGF Chairman Gene Hoffman. “The more that California and local governments regulate firearms, the more they will have to train their law enforcement officers – or be held accountable in the courts.”

A copy of the complaint and case filings can be downloaded at this link.

Calguns Foundation is able to help defend innocent California gun owners like Mr. Farias because of the generous tax-deductible donations of our supporters. Please support our many Second Amendment lawsuits and programs by contributing at http://bit.ly/donate_to_cgf.
__________________
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.
Reply With Quote
  #2  
Old 05-14-2012, 6:31 PM
5.56in6.61 5.56in6.61 is offline
Junior Member
 
Join Date: May 2012
Posts: 53
iTrader: -1 / 0%
Default

Good job CGF!!!! Your guys are awesome!!

Sent from my LG-P999 using Tapatalk 2
Reply With Quote
  #3  
Old 05-14-2012, 6:31 PM
dadoody's Avatar
dadoody dadoody is offline
I need a LIFE!!
 
Join Date: Oct 2005
Posts: 14,689
iTrader: 7 / 100%
Default

Excellent work and excellent news! These types of fights are exactly what law abiding gun owners need, and CGF seems to be providing excellent resources.
__________________
(╯°O°)╯FUS RO DAH! ==== ┻━┻
Reply With Quote
  #4  
Old 05-14-2012, 6:33 PM
cdtx2001's Avatar
cdtx2001 cdtx2001 is offline
Rebel Scum
CGN Contributor
 
Join Date: Apr 2009
Location: Over Here
Posts: 6,075
iTrader: 68 / 100%
Default

Another win!!! Way to go fellers.
__________________
"Hokey religions and ancient weapons are no match for a good blaster at your side kid" -Han Solo

"A dull knife is as useless as the man who would dare carry it"
Reply With Quote
  #5  
Old 05-14-2012, 6:33 PM
tpf68's Avatar
tpf68 tpf68 is offline
Member
 
Join Date: May 2006
Location: Paso Robles
Posts: 323
iTrader: 18 / 100%
Default

Way to go CGF!!!!!
__________________
Reply With Quote
  #6  
Old 05-14-2012, 6:33 PM
cntrolsguy's Avatar
cntrolsguy cntrolsguy is offline
Senior Member
 
Join Date: Jun 2005
Location: South Jordan, Utah
Posts: 1,437
iTrader: 40 / 100%
Default

Rock On!!!!!
Reply With Quote
  #7  
Old 05-14-2012, 6:36 PM
Wallabing Wallabing is offline
Senior Member
 
Join Date: Jan 2009
Location: San Jose
Posts: 1,293
iTrader: 9 / 100%
Default

Excellent outcome!!
Reply With Quote
  #8  
Old 05-14-2012, 6:37 PM
rogervzv's Avatar
rogervzv rogervzv is offline
Senior Member
 
Join Date: Feb 2011
Location: Huntington Beach, CA
Posts: 1,826
iTrader: 0 / 0%
Default

Good job CGF.
Never consent to a search of your vehicle. Just say, "I'd prefer that you did not conduct a search." If the cop wants to search anyway, you can't stop him (and should never try to) but that prevents the search being rendered legal as having been made with "consent."
__________________
Come and Take It!
Reply With Quote
  #9  
Old 05-14-2012, 6:39 PM
spgripside's Avatar
spgripside spgripside is offline
Shall Not Be Infringed!
CGN Contributor - Lifetime
 
Join Date: Jan 2009
Posts: 267
iTrader: 1 / 100%
Default

Nicely done. Thanks.
__________________
Sean
Reply With Quote
  #10  
Old 05-14-2012, 6:39 PM
Capybara's Avatar
Capybara Capybara is offline
CGSSA Coordinator
CGN Contributor
 
Join Date: Feb 2012
Location: Ventura County
Posts: 10,526
iTrader: 19 / 100%
Default

Thumbs up guys, this is so great! We need more and more of these types of wins.

Thank you for all that you do for us.
Reply With Quote
  #11  
Old 05-14-2012, 6:42 PM
Window_Seat's Avatar
Window_Seat Window_Seat is offline
Veteran Member
 
Join Date: Apr 2008
Location: Klamath Falls, Oregon
Posts: 3,528
iTrader: 4 / 100%
Thumbs up

Good job Jason Davis, and CGF!

Erik.
Reply With Quote
  #12  
Old 05-14-2012, 6:43 PM
JeremyKX JeremyKX is offline
Senior Member
 
Join Date: Jan 2012
Location: SoCal
Posts: 1,526
iTrader: 1 / 100%
Default

Great job guys.
Reply With Quote
  #13  
Old 05-14-2012, 6:44 PM
NoJoke's Avatar
NoJoke NoJoke is offline
Senior Member
 
Join Date: Sep 2010
Location: San Diego
Posts: 1,539
iTrader: 4 / 100%
Default

I <3 this place!

__________________

NO ISSUE / MAY ISSUE / SHALL ISSUE - LTC progress over time since 1986

Reply With Quote
  #14  
Old 05-14-2012, 6:48 PM
xoutxkastx xoutxkastx is offline
Senior Member
 
Join Date: Feb 2012
Posts: 639
iTrader: 44 / 100%
Default

right on
__________________
Reply With Quote
  #15  
Old 05-14-2012, 6:49 PM
anthonyca anthonyca is offline
Calguns Addict
 
Join Date: May 2008
Posts: 5,129
iTrader: 0 / 0%
Default

CGF Chairman Gene Hoffman. “The more that California and local governments regulate firearms, the more they will have to train their law enforcement officers – or be held accountable in the courts.”

I love Gene's zingers!
__________________
https://www.facebook.com/pages/Union...70812799700206

Quote:
Originally Posted by Wherryj View Post
I am a physician. I am held to being "the expert" in medicine. I can't fall back on feigned ignorance and the statement that the patient should have known better than I. When an officer "can't be expected to know the entire penal code", but a citizen is held to "ignorance is no excuse", this is equivalent to ME being able to sue my patient for my own malpractice-after all, the patient should have known better, right?
Reply With Quote
  #16  
Old 05-14-2012, 6:51 PM
ClarenceBoddicker's Avatar
ClarenceBoddicker ClarenceBoddicker is offline
Veteran Member
 
Join Date: Nov 2008
Posts: 2,783
iTrader: 0 / 0%
Default

Awesome, job well done. Who paid the settlement the union or taxpayers? What happened to officer Mario Alcaraz, punishment or promotion?
Reply With Quote
  #17  
Old 05-14-2012, 6:55 PM
ElvenSoul's Avatar
ElvenSoul ElvenSoul is offline
Free at Last!
CGN Contributor
 
Join Date: Apr 2008
Location: TEXAS!
Posts: 15,181
iTrader: 1 / 100%
Default

Loving It!
Reply With Quote
  #18  
Old 05-14-2012, 6:58 PM
HowardW56's Avatar
HowardW56 HowardW56 is offline
Calguns Addict
 
Join Date: Aug 2003
Location: Torrance
Posts: 5,864
iTrader: 12 / 100%
Default

Good work!

__________________
Reply With Quote
  #19  
Old 05-14-2012, 7:03 PM
4DMASTR's Avatar
4DMASTR 4DMASTR is offline
Senior Member
 
Join Date: Apr 2012
Location: 415/209
Posts: 1,084
iTrader: 9 / 100%
Default

Great work CGF!
Reply With Quote
  #20  
Old 05-14-2012, 7:04 PM
alfred1222's Avatar
alfred1222 alfred1222 is offline
NOT BANNED..yet
CGN Contributor
 
Join Date: Jan 2010
Location: Auburn, Alabama
Posts: 7,092
iTrader: 13 / 100%
Blog Entries: 1
Default

good job guys!!!
__________________
Quote:
Originally Posted by Kestryll View Post
This guy is a complete and total idiot.
/thread.
Quote:
Originally Posted by njineermike View Post
Biden is only there so nobody assassinates Obama. He's like a bullet proof vest that drinks too much.
Quote:
Originally Posted by five.five-six View Post
It's right next to the part that says gays can get married and sluts get free birth control.
ΦΑ
Reply With Quote
  #21  
Old 05-14-2012, 7:04 PM
trashman's Avatar
trashman trashman is offline
Veteran Member
 
Join Date: Dec 2006
Location: The Great Valley
Posts: 3,786
iTrader: 34 / 100%
Default

outstanding!
__________________
http://i231.photobucket.com/albums/ee126/northslope/2011__orig.jpg
Reply With Quote
  #22  
Old 05-14-2012, 7:07 PM
SuperSet SuperSet is offline
Vendor/Retailer
 
Join Date: Feb 2007
Location: OC/DC
Posts: 9,106
iTrader: 41 / 100%
Default

This is exactly why I love CGF. And I was planning to buy something from Amazon soon too!
Reply With Quote
  #23  
Old 05-14-2012, 7:10 PM
Paladin's Avatar
Paladin Paladin is offline
Calguns Addict
 
Join Date: Dec 2005
Location: Alameda County
Posts: 6,291
iTrader: 0 / 0%
Default

"I love the smell of napalm in the morning..." or the evening!

Reply With Quote
  #24  
Old 05-14-2012, 7:14 PM
naimad naimad is offline
Veteran Member
 
Join Date: Mar 2006
Location: San Diego 619
Posts: 3,611
iTrader: 301 / 100%
Default

Good job guy's
Reply With Quote
  #25  
Old 05-14-2012, 7:21 PM
skanless's Avatar
skanless skanless is offline
Veteran Member
 
Join Date: Dec 2009
Location: O.C.
Posts: 4,344
iTrader: 6 / 100%
Default

This is awesome. CGF is a great California resource. Keep up the excellent work.
__________________
http://a.espncdn.com/photo/2011/0830/nhl_kings_logo_576.gif

Quote:
Originally Posted by ElDiabloRobotico View Post
heheh, I'm getting double teamed by Harmoniums and Richie

/airtight!
Reply With Quote
  #26  
Old 05-14-2012, 8:17 PM
Rossi357's Avatar
Rossi357 Rossi357 is offline
Senior Member
 
Join Date: May 2010
Location: Sandy Eggo County
Posts: 1,229
iTrader: 0 / 0%
Default

He should get double that for having to live in Calexico.
Reply With Quote
  #27  
Old 05-14-2012, 8:29 PM
SoCal Gunner's Avatar
SoCal Gunner SoCal Gunner is offline
Senior Member
 
Join Date: Feb 2010
Location: Riverside County
Posts: 1,500
iTrader: 10 / 100%
Default

Quote:
Originally Posted by Rossi357 View Post
He should get double that for having to live in Calexico.
LOL - But seriously...

How much of that $35k does he keep in his pocket? Is that the total settlement or does that $35k get eaten up with legal fees and the "training program"?

Don't get me wrong, even if the guy didn't make a dime, it's a great victory. But it would be nice to get a little something for the crap he had to go through.
Reply With Quote
  #28  
Old 05-14-2012, 8:32 PM
eville eville is offline
Senior Member
 
Join Date: May 2010
Location: san leandro
Posts: 888
iTrader: 16 / 100%
Default

Fine work to all involved. Thank you for helping all gin owners.
Reply With Quote
  #29  
Old 05-14-2012, 8:32 PM
morfeeis's Avatar
morfeeis morfeeis is offline
Calguns Addict
 
Join Date: Apr 2010
Location: Freeman in Mesa AZ
Posts: 7,605
iTrader: 30 / 100%
Default

It was our tax money that was paid out so even though i am happy for a CGF win i wish the arresting officer had to pay the 39k out of his own pocket.Keep kicking them where it hurts guys!
__________________
ΜΟΛΩΝ ΛΑΒΕ
Quote:
Originally Posted by Ayn Rand View Post
You seek escape from pain. We seek the achievement of happiness. You exist for the sake of avoiding punishment. We exist for the sake of earning rewards. Threats will not make us function; fear is not our incentive. It is not death we wish to avoid, but life that we wish to live.
Reply With Quote
  #30  
Old 05-14-2012, 8:34 PM
wildhawker's Avatar
wildhawker wildhawker is offline
I need a LIFE!!
 
Join Date: Nov 2008
Location: California
Posts: 14,419
iTrader: 84 / 100%
Default

Quote:
Originally Posted by eville View Post
Fine work to all involved. Thank you for helping all gin owners.
I'm not sure all of us are gin owners, but we're all very much bourbon consumers.

-Brandon
__________________
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.
Reply With Quote
  #31  
Old 05-14-2012, 8:42 PM
SoCal Gunner's Avatar
SoCal Gunner SoCal Gunner is offline
Senior Member
 
Join Date: Feb 2010
Location: Riverside County
Posts: 1,500
iTrader: 10 / 100%
Default

Quote:
Originally Posted by wildhawker View Post
I'm not sure all of us are gin owners, but we're all very much bourbon consumers.

-Brandon
Reply With Quote
  #32  
Old 05-14-2012, 8:48 PM
odysseus's Avatar
odysseus odysseus is offline
I need a LIFE!!
 
Join Date: Dec 2005
Location: NorCal
Posts: 10,379
iTrader: 0 / 0%
Default

Fire for effect!
__________________
"Just leave me alone, I know what to do." - Kimi Raikkonen

The moment the idea is admitted into society, that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.' and that `Property is surely a right of mankind as real as liberty.'
- John Adams

http://www.usdebtclock.org/
Reply With Quote
  #33  
Old 05-14-2012, 8:48 PM
compulsivegunbuyer compulsivegunbuyer is offline
Senior Member
 
Join Date: Feb 2007
Posts: 1,817
iTrader: 56 / 100%
Default

The states laws are so convoluted that even LE does not understand them. And now it would appear the laws are costing the state money. Way to go CGF, nice to see them get a taste of their own medicine.
Reply With Quote
  #34  
Old 05-14-2012, 8:48 PM
odysseus's Avatar
odysseus odysseus is offline
I need a LIFE!!
 
Join Date: Dec 2005
Location: NorCal
Posts: 10,379
iTrader: 0 / 0%
Default

bourbon > gin
__________________
"Just leave me alone, I know what to do." - Kimi Raikkonen

The moment the idea is admitted into society, that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.' and that `Property is surely a right of mankind as real as liberty.'
- John Adams

http://www.usdebtclock.org/
Reply With Quote
  #35  
Old 05-14-2012, 8:51 PM
repubconserv's Avatar
repubconserv repubconserv is offline
Veteran Member
 
Join Date: Dec 2010
Location: Amongst friends(Hemet)
Posts: 3,049
iTrader: 3 / 100%
Default

Great work!!!!
__________________
Though the cause of evil prosper, yet the truth alone is strong; Though her portion be the scaffold, and upon the throne be wrong; Yet that scaffold sways the future, and behind the dim unknown, Standeth God within the shadow, keeping watch above His own.

Whatever doesn't kill me... better start running.
Reply With Quote
  #36  
Old 05-14-2012, 9:06 PM
murbatchka murbatchka is offline
Junior Member
 
Join Date: Mar 2012
Posts: 6
iTrader: 0 / 0%
Default

Awesome!!!
Reply With Quote
  #37  
Old 05-14-2012, 9:09 PM
Southwest Chuck Southwest Chuck is offline
Senior Member
 
Join Date: Jul 2009
Location: San Bernardino County
Posts: 1,865
iTrader: 1 / 100%
Default

Great win! Could have been any one of us. Thanks CGF !
__________________
Quote:
Originally Posted by Southwest Chuck View Post
I am humbled at the efforts of so many Patriots on this and other forums, CGN, CGF, SAF, NRA, CRPF, MDS etc. etc. I am lucky to be living in an era of a new awakening of the American Spirit; One that embraces it's Constitutional History, and it's Founding Fathers vision, especially in an age of such uncertainty that we are now in.
Quote:
Originally Posted by toby View Post
Go cheap you will always have cheap and if you sell, it will sell for even cheaper. Buy the best you can every time.
^^^ Wise Man. Take his advice
Reply With Quote
  #38  
Old 05-14-2012, 9:10 PM
hoffmang's Avatar
hoffmang hoffmang is offline
No, I am not a Moderator!
 
Join Date: Apr 2006
Location: Peninsula, Bay Area
Posts: 18,492
iTrader: 14 / 100%
Default

Quote:
Originally Posted by Southwest Chuck View Post
Great win! Could have been any one of us. Thanks CGF !
These things keep happening. There was another one this past weekend.

It's why we ask you to look into your checking account to make sure we have the resources to be there for the law abiding gun owner who runs into the wrong law enforcement agency...

-Gene
__________________
Gene Hoffman
Chairman, The Calguns Foundation

DONATE NOW
to support the rights of California gun owners. Follow @CalgunsFdn 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
Reply With Quote
  #39  
Old 05-14-2012, 9:21 PM
NoJoke's Avatar
NoJoke NoJoke is offline
Senior Member
 
Join Date: Sep 2010
Location: San Diego
Posts: 1,539
iTrader: 4 / 100%
Default

Quote:
Originally Posted by hoffmang View Post
These things keep happening. There was another one this past weekend.

It's why we ask you to look into your checking account to make sure we have the resources to be there for the law abiding gun owner who runs into the wrong law enforcement agency...

-Gene
I'm hoping the business starts getting stronger w/in the month, then I'll up my monthly to more of a "Ruth's Cris" level.

Rock on!
__________________

NO ISSUE / MAY ISSUE / SHALL ISSUE - LTC progress over time since 1986

Reply With Quote
  #40  
Old 05-14-2012, 9:23 PM
BretByron's Avatar
BretByron BretByron is offline
Senior Member
 
Join Date: Feb 2012
Location: East of Stockton
Posts: 789
iTrader: 0 / 0%
Default

Inspired to donate $25.


Good job people.
__________________
See ya, Bret. "Prepping like there's no tomorrow" Click here -> -------or here ->
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 10:39 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2016, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2016, Calguns.net an Incorporated Company All Rights Reserved.