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The CRPA Forum News, Questions, and Discussion |
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#41
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I was to pick up an updated qual with needed info when the lead instructor called her at home and after he talked some, gave me his phone and that is that is when she mentioned qualifying every year whereas I asked "you mean every other year upon renewing" and she emphatically stated "no, every year".
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.....AR 15 tools..... www.edsmetalshop.com Tools@RobertsUSA.com http://www.calguns.net/calgunforum/s...07#post8521107 |
#42
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#44
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#45
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I don't think suing them over an annual qualification for a nominal cost of $50 is the hill we want to die on. First of all, the qualification is so easy that if you can't pass it then you shouldn't be carrying anyway. I also don't see how this particular requirement is in violation of Bruen. It is OBJECTIVE. What is a clear violation of Bruen is all of the SUBJECTIVE nonsense they required of me, including having to provide photographs of my firearm storage in my own house, being asked who lives in my house, being asked about my home and security systems, and most egregious is that psychological exam and with it the added cost to the application.
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#47
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Last edited by NateTheNewbie; 03-20-2023 at 2:45 PM.. |
#48
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SoundOf1HandClapping-OP SAID; Quote:
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#49
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Yeah, it could be FUD. No one knows. But it seems within the realm of possibility. |
#50
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Name any other right where the regulatory process is on an annual basis. it's not just $50. It's $50, range fees, ammo, gas and valuable time to re-qual, gather & submit docs, etc. There is no guarantee any of this will be handled timely and no nexus between annual re-qual and any other tangible public benefit. The other side isn't allowed to argue interest balancing and we shouldn't give an inch. We do not tolerate these kinds of infringements on any other right. We need to be consistent in pushing back on the 2A's second class status or it will continue to be death by 1000 cuts.
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Proud CGN Contributor USMC Pistol Team Alumni - Distinguished Pistol Shot Owner of multiple Constitutionally protected tools Last edited by Drivedabizness; 03-21-2023 at 8:55 AM.. |
#51
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I suppose one could try to organize mass civil disobedience. But my sense is that such a movement wouldn't end well, if it could even get started. |
#52
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#53
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"I know nothing - nothing!" Everyone, including SCOTUS, says Cali is a "may-issue" state, but is it? Is the use of "may" in PC 26150 permissive or mandatory? Compare 26150 to 26205 and ask why an issuer is only required to notify an applicant of the "requirement" that was not satified when denial is made. Applying rules of stat construction how do things come out. Kinda looks like Sacramento was limiting issuance to when the requirements were made, which is when the Sheriff may issue. Had the lawmakers wanted to make suitability a requirement, they easily could. Or 26205 could have required a denyer to notify of the "reasons" for the denial; not the requirement. Just saying. Thoughts? I have none and know nothing.
I do know something. I can't type worth squat. Last edited by Chewy65; 04-02-2023 at 5:36 PM.. |
#54
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For what other right does the Government require a minimum level of competence? Journalism? Clergy? Sharing your thoughts and opinions on the interwebs? THE GOVERNMENT IMPOSING ANY FEE TO EXERCISE A CONSTITUTIONAL RIGHT IS UNCONSTITUTIONAL. Period. End of Discussion. Just my opinion, but it is very true. Rusty Bolts
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#55
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#56
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Why would you ignore the qualification requirement, if it is as unconstitutional as the rest (and it is)? It may be objective, but it is still a violation of the Second Amendment.
Still my opinion and still very true. Rusty Bolts
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#57
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Let me be a tad clearer as to what I think. 26205 only provides that denial letters specify the "requirement" that was not met, because the Legislature intended that 26150 directed a licensing authority shall issue the four requirements being satisfied. This is a case in which "may" is directory and not permissive.
Admitedly, I have not done a Legislative History and the results of one could be critical. |
#58
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His Sheriff CLEARLY never even read Bruen - let alone adheres to it.
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Proud CGN Contributor USMC Pistol Team Alumni - Distinguished Pistol Shot Owner of multiple Constitutionally protected tools |
#59
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Then again, I have been wrong
![]() Answer these simple questions. If "may' is read as permissive, is 26150's constitutionality placed in doubt?Why is it you haven't applied the following canons of construction that I elsewhere brought up? If it is, why aren't one or both following Canons applied? [This should be done after enjoining any consideration GMC.] Constitutional-Doubt Canon. A statute should be interpreted in a way that avoids placing its constitutionality in doubt. Avoidance Canon (sometimes used interchangeably with above) - If a statute is susceptible to more than one reasonable construction, courts should choose an interpretation that avoids raising constitutional problems. In the US, this canon has grown stronger in recent history. The traditional avoidance canon required the court to choose a different interpretation only when one interpretation was actually unconstitutional. The modern avoidance canon tells the court to choose a different interpretation when another interpretation merely raises constitutional doubts. Last edited by Chewy65; 04-08-2023 at 11:20 AM.. |
#60
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“To the extent there are multiple plausible interpretations of (history), we will favor the one that is more consistent with the Second Amendment’s command.”
By whom and where was that written and does it fit in with interpreting "may"? I am only so sorry that I don't have august supporting authorities as your's. Quote:
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#61
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Update: I can confirm from seeing a written document at ACSO and speaking with an employee that they are indeed requiring an annual re-qualification.
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#62
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"'Posited on the premise that Congress legislates in the light of constitutional limitations,' 1 the Constitutional-Doubt Canon provides that federal courts should construe statutes so that they do not violate the Constitution.2 Describing the Constitutional-Doubt Canon, Justice Brandeis stated: 'When the validity of an act . . . is drawn in question, and even if a serious doubt of constitutionality is raised . . . [the Court] will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided.' 3 Consequently, if a statute is susceptible to two plausible interpretations, one of which violates the Constitution, the Constitutional-Doubt Canon instructs courts to choose the interpretation consistent with the Constitution.4 If the statute is not susceptible to a plausible constitutional interpretation, the Constitutional-Doubt Canon is inapplicable.5 The Constitutional-Doubt Canon cannot be construed to make a statute broader6 or be applied to executive actions.7"
https://www.law.cornell.edu/constitu...-canon#fn9art3 Then see United States ex rel. Att'y Gen. v. Del. & Hudson Co., 213 U.S. 366, 407 (1909), "[W]hen the constitutionality of a statute is assailed, if the statute be reasonably susceptible of two interpretations, by one of which it would be unconstitutional and by the other valid, it is our plain duty to adopt that construction which will save the statute from constitutional infirmity" cited in Jones v. United States, 529 U.S. 848. Courts must "read the statute to eliminate those doubts so long as such a reading is not plainly contrary to the intent of Congress," X-Citement Video, 513 U.S. at 78. "The word 'may,' in public statutes is often used for must or shall and is construed imperatively." Estate of Ballentine , 45 Cal. 696. I guess there is a teens weensy chance that 26150 is reasonably susceptible to having "may" interpreted as "shall". Then there is Hayes v. County of Los Angeles, 99 Cal. 74, 80 [33 P. 766] for the proposition that “whenever the public interest or individual rights call for its exercise -- the language used, though permissive in form, is in fact peremptory.” So it all comes down to three things. 1) Is the Constutionality of PC 26150 in dispute? It is. 2) Is 26150 reasonably susceptible to "may" being interpreted to mandate issuance? It is. 3) Will thatinterpretation save the section from being found in violation of the Second Amendment. It will. Last edited by Chewy65; 04-13-2023 at 3:48 PM.. |
#63
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Any updates on this issue? I read in the ccw forum Alameda is taking over a year just to respond to applications in scheduling an interview. This slow walking the process would not appear to be compliant.
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The only thing that is worse than an idiot, is someone who argues with one. |
#64
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#65
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Please share these sources from which you have read.
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#66
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Here you go again man, if you're gonna put italics on my statement, at least make sure to put them on everything I said as it would make much more sense
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#67
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It is pretty sad that it's taking longer than ever for law-abiding Alameda County residents to receive their CCW permits, despite initial pressure from CRPA. It took me 9 months to get mine, but that was after applying on the day the Bruen decision was handed down and a LOT of following up and reminders from myself to ACSO reminding them of penal codes, etc. They still were dragging their feet.
And despite telling us that they've added more staff and whatnot, it's now taking applicants even longer to get through the process. I know CRPA has a LOT on their plate right now, and now sure if they're more focused on those issues that affect the entire state compared to this issue that only affects one county, but it does seem a little liek they've moved on from this issue. In all honesty I haven't really followed this much after receiving my permit back in March, but one thing I will say is this...I am pretty sure if there was a larger voice and more people made more of an issue about it to the CRPA they probably would have vested more time into dealing with this issue here in Alameda County. Too many were complacent and were pretty coral int he beginning and mocked those of us who did apply at the time of the ruling and were very adamant that we were wasting our time and that they would just sit back and not bother because it was too much hassle for them, and would wait until the process got easier. I blame those folks mostly for being lazy and not participating, thinking they'd jsut sit back until the county started issuing with shorter time frame. This is pretty much why they haven't make it easier. Nobody is really putting much pressure on them to do so and they know most of you will just not even bother.
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#68
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#69
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You guys missed the boat on that one. Where were you and everyone else early on? CRPA in my opinion got such low support from people in Alameda County, I don't blame that they packed it in and focused their efforts elsewhere. Seems to be the typical way though. Bitch and moan about it and expect others to step and do the work and then reap the benefits later. Problem is that ship has sailed in this county and this is what you guys are stuck with and I'm sorry to say it's mostly your own fault.
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![]() Last edited by Vinnie Boombatz; 07-10-2023 at 4:17 PM.. |
#70
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And pacrat drop the insults, attitude and rude comments or I WILL ban you for the rest of the year. Is this clear?
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![]() Calguns.net an incorported entity - President. The Calguns Shooting Sports Assoc. - Vice President. The California Rifle & Pistol Assoc. - Director. DONATE TO NRA-ILA, CGSSA, AND CRPAF NOW! Opinions posted in this account are my own and unless specifically stated as such are not the approved position of Calguns.net, CGSSA or CRPA. |
#71
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I hear you Mr CRPA Board of Directors Member.
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#72
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Point of fact;
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This recent post in the Los Angeles CCW thread: Member Betfair39 ,,,, Post # 15,882,,,, posted 7-1-23 ,,,, 9 days ago. Quote:
![]() Joining CRPA approx 7 months after making a CCW application, [timeline provided by SilveradpColt21] in post #33 of this same thread, on 3-5-23. And above [top] quote from yesterday. Then publicly berating and accusing CRPA of complacency, and sitting by idly. Especially when considering the almost 2 dozen ongoing litigations being handled by CRPAs 12 attorneys, that will benefit ALL OF Ca GUN OWNERS. Not only CCW applicants in the few Anti CCW counties. Anybody reading this can make their own determination as to the reasonableness of expectations. |
#73
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#74
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And then you claim I insulted you. ![]() ![]() If you, feel insulted, by your own words, in your own posts. That is an issue you should take up with your own mirror. ![]() |
#75
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![]() Last edited by SilveradoColt21; 07-11-2023 at 10:51 PM.. |
#76
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It is both onerous and too time consuming to have to qualify every year.
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Proud CGN Contributor USMC Pistol Team Alumni - Distinguished Pistol Shot Owner of multiple Constitutionally protected tools |
#77
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Hey CRPA, notice the newest post in the Alameda County CCW section.
The county is currently processing applications up to #850, but current backlog is up to # 2688. This means at the county?s pace of slow walking processing of applications, it will take up to near two years just to get the initial interview, wow. What happened to the lawsuit ? Seems like the county is giving everyone the finger.
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The only thing that is worse than an idiot, is someone who argues with one. |
#78
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My friends and family disavow all knowledge of my existence, let alone my opinions. |
#79
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#80
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In reviewing activity of others, once a person receives an interview, the process seems to take about 3 months for issuance.
Why does it take over 12 months, now closer to 15 to 24 months to start the interview process. It?s not rocket science to interview and background check usual the livesscan. Wonder why the suit is not moving on this, I thought CRPA was receiving regular reports from the Sheriff supposedly showing they are processing, but their lazy approach in processing can?t be right. Maybe the eye is on suit for SB2 ?
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The only thing that is worse than an idiot, is someone who argues with one. |
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