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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 05-09-2012, 7:30 PM
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Default CGF Sues SFPD, OPD, CA DOJ over firearms seizures

CGF Sues San Francisco, Oakland Police Departments and the California Department of Justice over scheme to unlawfully retained seized firearms


San Carlos, CA (May 9, 2012) – In an important step to secure the rights of California gun owners, The Calguns Foundation, the Second Amendment Foundation, and two individual residents of California have filed a new federal lawsuit in San Francisco. The case, entitled Churchill, et. al. v. Harris, et al., alleges that the police departments of both San Francisco and Oakland are unlawfully refusing to return lawfully-owned firearms to individuals who have had charges dropped after police investigations proved that they had done nothing wrong.

The ongoing seizure of those firearms is a violation of the Second and Fourth Amendments to the Constitution. What’s more, the departments’ refusal to return property after all charges are dropped is theft.

"In California, the Evidence Code makes it clear that simple possession is proof of ownership of almost all types of common property, including firearms," said Don Kilmer, attorney for the plaintiffs. "The California Department of Justice is misleading police departments in such a way that they violate the rights of gun owners who were investigated and found to not have violated the law."

The Oakland and San Francisco Police departments appear to be relying on a Department of Justice document that is being attached to the required “Law Enforcement Gun Release”, or LEGR, reports indicating that the requester may lawfully own and possess firearms. The document claims that the requesting person has to provide proof of ownership for every firearm when they go to retrieve their seized property.

According to longstanding California law, every firearm seized during a police investigation must be inventoried; a copy of that list is given to the person from whom firearms are seized. Every law enforcement agency knows which person they took firearms from and what specific firearms were taken.

"It's hard enough for a law-abiding gun owner to live through the uncertainty and fear caused by a false allegation or arrest, but to have the very people who are trusted and sworn to serve them then steal their property after they've been exonerated is inexcusable," said Calguns Foundation chairman Gene Hoffman. "Law-abiding Californians should not be forced to seek out expensive legal representation just to get back what is rightfully theirs in the first place."

A copy of the complaint and case filings can be downloaded at http://www.archive.org/download/gov....253515.1.0.pdf .

To support this and other important Second Amendment lawsuits, please make a tax-deductible donation at www.calgunsfoundation.org/donate.
___

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.


Contact:

Gene Hoffman
650-275-1015
hoffmang@calgunsfoundation.org
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  #2  
Old 05-09-2012, 7:31 PM
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Nice!
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  #3  
Old 05-09-2012, 7:33 PM
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Go get them, fellas!!
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  #4  
Old 05-09-2012, 7:35 PM
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salute
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  #5  
Old 05-09-2012, 7:35 PM
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Give 'em hell gentlemen.
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  #6  
Old 05-09-2012, 7:38 PM
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Good to hear. Made a (small) donation...wish it could be more, but I be poor.

Take care,Stan
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  #7  
Old 05-09-2012, 7:38 PM
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CGF rocks once again...
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  #8  
Old 05-09-2012, 7:38 PM
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This is where I need to remind everyone that freedom is not free. Please seriously consider a donation. We are in an envious position in that we have more excellent cases than time or money right now. Please help us offset both with your dollars here:

http://calgunsfoundation.org/donate.html

Also make sure you use the Amazon link when you buy stuff online as we're generating almost $4000 a month off of your purchases there.

-Gene
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  #9  
Old 05-09-2012, 7:39 PM
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Way to turn up the heat! Donation sent!
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  #10  
Old 05-09-2012, 7:39 PM
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Originally Posted by Kodemonkey View Post
Give 'em hell gentlemen.
+1

To the rescue once again
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  #11  
Old 05-09-2012, 7:43 PM
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This is actually more important than even LTC's. This will prevent the government from illegal confiscation of firearms in many different ways. I like it
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Old 05-09-2012, 7:45 PM
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Does this only address the refusal to return the seized firearms, or ammunition, as well? Some departments actually have the policies, where they return firearms, but not ammunition. Another disgusting custom is destroying firearms after some (usually pretty short) period of time. Or is this the next step (as in bringing one issue at a time, so the courts have less wiggle room)?

Some people have quite a lot of ammo. I'm about halfway done with my ammo log (with the rifle ammo portion of it), and my rifle ammo's worth more than my car, and I'm understating the ammo prices, since they went up of late. I'd hate to lose a car or two to theft, especially since insurance doesn't cover theft by the authorities.
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Some people are so open minded, their brains have fallen out.


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  #13  
Old 05-09-2012, 7:46 PM
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Quote:
Originally Posted by BigBamBoo View Post
Good to hear. Made a (small) donation...wish it could be more, but I be poor.

Take care,Stan

ME TOO!!


I'm in for $50.00

Who else will donate?

DONATE TO CGF
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  #14  
Old 05-09-2012, 7:46 PM
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Good job. I'll be dropping another donation in the jar as of Friday.

Also...

Quote:
scheme to unlawfully retained
s/retained/retain

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  #15  
Old 05-09-2012, 7:52 PM
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Quote:
Originally Posted by hoffmang View Post
This is where I need to remind everyone that freedom is not free. Please seriously consider a donation. We are in an envious position in that we have more excellent cases than time or money right now. Please help us offset both with your dollars here:

http://calgunsfoundation.org/donate.html

Also make sure you use the Amazon link when you buy stuff online as we're generating almost $4000 a month off of your purchases there.

-Gene
I do both, and people, do bookmark that Amazon link. It's easy to use, and it's the best money you can spend (yes, not excluding guns and ammo). There's no good reason not to use that link when shopping at Amazon.
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"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson
"Thou shalt not interfere with the Second Amendment rights of "law-abiding" citizens who want AK-47s only to protect hearth and home." - Paul Helmke finally gets it :)
Quote:
Originally Posted by SJgunguy24 View Post
Some people are so open minded, their brains have fallen out.


WTB: Saiga .223 bolt; HK G3 bolt; Chinese AK pistol grips; milled AK cut receiver pieces and stubs.
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  #16  
Old 05-09-2012, 7:56 PM
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Hey! We can even donate as little as 10 bucks can't we?
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  #17  
Old 05-09-2012, 7:57 PM
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Quote:
Originally Posted by taperxz View Post
Hey! We can even donate as little as 10 bucks can't we?
Yep, we can. Some people scheduled monthly donations in that amount.
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"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson
"Thou shalt not interfere with the Second Amendment rights of "law-abiding" citizens who want AK-47s only to protect hearth and home." - Paul Helmke finally gets it :)
Quote:
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Some people are so open minded, their brains have fallen out.


WTB: Saiga .223 bolt; HK G3 bolt; Chinese AK pistol grips; milled AK cut receiver pieces and stubs.
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  #18  
Old 05-09-2012, 8:02 PM
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Donation sent...Amazon bookmark added to wife's and mom's browsers.
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  #19  
Old 05-09-2012, 8:05 PM
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Lordy! Lordy!
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  #20  
Old 05-09-2012, 8:10 PM
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nice one!!!
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  #21  
Old 05-09-2012, 8:15 PM
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Nice work!
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  #22  
Old 05-09-2012, 8:16 PM
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To everyone involved in this case,

THANK YOU! I've always been scared of loosing family heirlooms forever if I ran into an under-educated, anti-2A, LEO who decide to cofinscate some or all of my guns simply because they are not "registered" to anyone or some other bogus reason.
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  #23  
Old 05-09-2012, 8:20 PM
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Get the sons of guns
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Unscrew the lid. There is a foil seal there.
Pull the seal off and screw the lid back on.
Then you can squeeze the mustard and it will come out of the bottle..

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  #24  
Old 05-09-2012, 8:25 PM
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$25 in-bound to CGF. Go get them....A2
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  #25  
Old 05-09-2012, 8:27 PM
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Another reason I love this site and the folks that are protecting our 2nd Amendment. Truly, a BIG thanks for all you guys do.

And yes, I'm on the donation payment plan. Along with matching contributions from PG&E.
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  #26  
Old 05-09-2012, 8:37 PM
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CGF=Boss Status
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  #27  
Old 05-09-2012, 8:39 PM
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Donate, please. Also, grab a challenge coin at the store.

Oh, and...



-Brandon
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  #28  
Old 05-09-2012, 8:47 PM
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Donation inbound
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  #29  
Old 05-09-2012, 8:49 PM
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Donation made. Thank you also for the work on the LTC issue.


Ken
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  #30  
Old 05-09-2012, 8:57 PM
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I HATE spending money.

BUT

I LOVE supporting the CGF steam roller!

Donation inbound soon!
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  #31  
Old 05-09-2012, 9:00 PM
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Quote:
Originally Posted by nick View Post
Yep, we can. Some people scheduled monthly donations in that amount.
How? I have been casting about for an easy way to make a small automatic monthy donation.
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  #32  
Old 05-09-2012, 9:03 PM
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Quote:
Originally Posted by Meplat View Post
How? I have been casting about for an easy way to make a small automatic monthy donation.
Either using the billpay service at your bank's online website, or right in our online donations page that allows you to setup recurring donations.

-Brandon
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  #33  
Old 05-09-2012, 9:05 PM
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Quote:
Originally Posted by Meplat View Post
How? I have been casting about for an easy way to make a small automatic monthy donation.
Use this form to set up your monthly donations or to make one time donations.

ETA: Brandon beat me to it.
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Calguns Foundation: "Advancing your civil rights, and helping you win family bets, since 2008."

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  #34  
Old 05-09-2012, 9:05 PM
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Ok. I am in for $10.00

It's a tiny amount, but if we all do it, big things can happen.
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  #35  
Old 05-09-2012, 9:09 PM
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Oakland resident here. Since you're sueing the OPD among others I've just set up a monthly donation schedule to help defray the legal expense.

Good luck!
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  #36  
Old 05-09-2012, 9:09 PM
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Way to go guys! Challenge coin purchased.
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  #37  
Old 05-09-2012, 9:17 PM
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Quote:
Originally Posted by CSACANNONEER View Post
To everyone involved in this case,

THANK YOU! I've always been scared of loosing family heirlooms forever if I ran into an under-educated, anti-2A, LEO who decide to cofinscate some or all of my guns simply because they are not "registered" to anyone or some other bogus reason.
You were the first person that came to mind when I read this thread.
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  #38  
Old 05-09-2012, 9:18 PM
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Quote:
Originally Posted by wildhawker View Post
Either using the billpay service at your bank's online website, or right in our online donations page that allows you to setup recurring donations.

-Brandon
Thanks Brandon:

I did my NRA-ILA donations that way for a long time. I recomend it to everyone. If you don't over do it you never miss it. If you can"t do a $100, do $50, or $20, or $10. It adds up. There may only be a few here that can afford $100 or more, but with our membership size now, I'll bet there are a thousand that could do $10 and never miss it. $10,000 dollars pays for a lot of lawyer time; even good lawyers!

ETA: You too Connor. Going to set it up tonight.
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Last edited by Meplat; 05-09-2012 at 9:23 PM..
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  #39  
Old 05-09-2012, 9:32 PM
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Great move...I wish the team every success...donation made..wish it could be more.
Paul S
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  #40  
Old 05-09-2012, 9:39 PM
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Quote:
Originally Posted by Meplat View Post
If you can"t do a $100, do $50, or $20, or $10. It adds up. There may only be a few here that can afford $100 or more, but with our membership size now, I'll bet there are a thousand that could do $10 and never miss it. $10,000 dollars pays for a lot of lawyer time; even good lawyers!
The small ongoing donations really give us the month to month wherewithal to keep expanding the fight!

-Gene
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