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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
05-09-2012, 7:30 PM
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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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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
 
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#2
05-09-2012, 7:31 PM
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Nice!
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Hauoli Makahiki Hou    -------
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#4
05-09-2012, 7:35 PM
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salute
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#5
05-09-2012, 7:35 PM
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 Give 'em hell gentlemen.
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#6
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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Bring hay for my horse....wine for my men....and mud for my turtle! What do hear ???...... Nothing but the rain. Well grab your gun and bring in the cat. "A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Freud Quote:
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#7
05-09-2012, 7:38 PM
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CGF rocks once again...
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 Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat “Everything the State says is a lie, and everything it has it has stolen.” Friedrich Nietzsche
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#8
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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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
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#10
05-09-2012, 7:39 PM
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Quote:
To the rescue once again
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#12
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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"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:
 Selling a bunch of C&R and other rifles here: http://www.calguns.net/calgunforum/s...php?p=20061212
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#13
05-09-2012, 7:46 PM
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ME TOO!! I'm in for $50.00 Who else will donate? DONATE TO CGF
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#15
05-09-2012, 7:52 PM
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Quote:
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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:
Selling a bunch of C&R and other rifles here: http://www.calguns.net/calgunforum/s...php?p=20061212
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#17
05-09-2012, 7:57 PM
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Quote:
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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:
Selling a bunch of C&R and other rifles here: http://www.calguns.net/calgunforum/s...php?p=20061212
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#18
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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You will never, in your life, have a chance like this again. If I were you, I would not pass this up. I would not let this go by...this is rare. Come on...what harm??
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#20
05-09-2012, 8:10 PM
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nice one!!!
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Quote:
ΦΑ
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#21
05-09-2012, 8:15 PM
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Nice work!
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#22
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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NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor California DOJ Certified Fingerprint Roller Ventura County approved CCW Instructor Utah CCW Instructor Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.  CCW SAFE MEMBERSHIPS HERE
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#23
05-09-2012, 8:20 PM
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Get the sons of guns
__________________
 NRA MEMBER Originally Posted by ar15barrels 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.. Liberals are termites eating at the foundation of our constitution. Michael Reagan
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#25
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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WWW.SANTACRUZARMORY.COM
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#26
05-09-2012, 8:37 PM
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CGF=Boss Status
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#27
05-09-2012, 8:39 PM
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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.
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#29
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
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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NO ISSUE / MAY ISSUE / SHALL ISSUE - LTC progress over time since 1986 
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#31
05-09-2012, 9:00 PM
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Quote:
__________________
 Take not lightly liberty To have it you must live it And like love, don't you see To keep it you must give it "I will talk with you no more. I will go now, and fight you." (Red Cloud)
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#32
05-09-2012, 9:03 PM
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Quote:
-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.
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#33
05-09-2012, 9:05 PM
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ETA: Brandon beat me to it.
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#34
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.
__________________
Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat “Everything the State says is a lie, and everything it has it has stolen.” Friedrich Nietzsche
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#36
05-09-2012, 9:09 PM
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Way to go guys! Challenge coin purchased.
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#37
05-09-2012, 9:17 PM
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Quote:
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Need A Realtor in SoCal? Shoot me a PM.
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#38
05-09-2012, 9:18 PM
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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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Take not lightly liberty To have it you must live it And like love, don't you see To keep it you must give it "I will talk with you no more. I will go now, and fight you." (Red Cloud) Last edited by Meplat; 05-09-2012 at 9:23 PM..
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#39
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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Paul S “Cogito, ergo armatum sum: I think, therefore I am armed.” - Collection of Quotes - Lt. Col. Dave Grossman
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#40
05-09-2012, 9:39 PM
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Quote:
-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
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