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Calguns Concealed Carry County Information Forum Information on how to get a LTC in yourCounty |
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#41
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Even with a 'friendly' Sheriff in Fresno, the permit process is still burdensome and unnecessary, there's still a web of politics and favoritism that's in addition to State Law. |
#42
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Any sheriff can *choose* - right now - to be "shall issue" in every way save for statutory prohibitions. The limits of their discretion are not such that would preclude them from adopting a policy of 1) accepting, 2) processing, and 3) approving - administratively, and with virtually zero internal work - all applications that were not rejected by DOJ. NOTHING stops a licensing authority from being "shall issue" except their own choice *not* to be. Quote:
-Brandon
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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. Last edited by wildhawker; 05-30-2011 at 2:44 PM.. |
#43
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As greasemonkey correctly stated, if they don't want backlog, they should rubberstamp all applications that are not rejected by DOJ. It takes 5 minutes to process a CCW application unless they choose to add work.
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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. Last edited by wildhawker; 05-30-2011 at 2:45 PM.. |
#44
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Regardless of the legality of such an action even if it were to fly...wouldn't that limit you to authorized concealed carry in ONLY the county where such a situation prevailed? Seems to me it might.
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Paul S “Cogito, ergo armatum sum: I think, therefore I am armed.” - Collection of Quotes - Lt. Col. Dave Grossman |
#45
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There is no legal possibility, so the rest is moot.
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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. |
#46
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__________________
Paul S “Cogito, ergo armatum sum: I think, therefore I am armed.” - Collection of Quotes - Lt. Col. Dave Grossman |
#47
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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. |
#48
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Paul:
I think you are confusing the four hours of training required by PC 12050 (a)(1)(E)(ii) for renewal with a HSC. Fresno has no requirement for a HSC for renewal, that's a completely different animal. Quote:
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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) |
#49
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In an earlier post you sead of me:
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You may not like it, I certainly don't, but that's the way it is until we can change the law or get a SCOTUS decision finding it unconstitutional. Quote:
Actually I think at least some of the problem with the FCSD procedure is that it is set up to make sure the applicant is not stuck with huge non-refundable fees and then denied. Never attribute to malice what can be adequately explained be stupidity. This applies in spades to government agencies.
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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; 05-31-2011 at 2:18 PM.. |
#50
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Thanks for the correction and straightening me out on that one. I went back into my files and looked at the CCW folder and you are indeed correct.
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Paul S “Cogito, ergo armatum sum: I think, therefore I am armed.” - Collection of Quotes - Lt. Col. Dave Grossman |
#51
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Buy the way. In the gun shops I go to they will take a CCW in lu of a HSC, so you don't have to pay to take that silly "don't look down the barrel and pull the trigger" test.
__________________
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) |
#52
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Their duties under 12050, et. seq., are: * Accept and process all applications from those residing within the same jurisdiction. For sheriffs, accept applications for business purpose (90 day) licenses. For chiefs of police, either accept applications from city residents or enter into a "g" agreement with the sheriff to accept and process all applications from city residents.Your conclusion in re the duties of licensing authorities is incorrect. Their discretion and authority to issue licenses has a floor duty of "accept all appropriate applications" and a ceiling of "cannot issue to prohibited persons". Quote:
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Consider: a sheriff tells non-prohibited person Applicant A, aged 21, that their application is approved based on a showing of "self-defense" as good cause and their DOJ background check showing A as eligible to possess firearms as proof of their "good moral character". Such would be a lawful exercise of discretion. Applicant B is a similarly-situated adult with identical facts. How *must* the sheriff exercise their discretion in the case of B? Quote:
You're conflating a permit-based "shall-issue" system under 2A/14A with a system that simply reflects the instructions of statute/14A (including the statutory discretion to issue to any non-prohibited person for any "good cause" acceptable to the licensing authority). -Brandon
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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. Last edited by wildhawker; 05-31-2011 at 1:29 PM.. |
#53
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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. |
#54
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In light of all the FUD that issues forth from behind the counters I did not want to be too expansive. I'm sure there is some jerk out there that will want you to take the silly thing anyway.
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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) |
#55
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A decision will be made. That is not shall issue. A sherif can make his county virtually shall issue, but not literally shall issue. No matter how wide his parameters a decision still must be made. Just because the law says he may issue does not mean it says he must issue. The latter circumstance is what we are striving for.
__________________
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) |
#56
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You do realize that we actually file cases on these issues, right? I'm not sure if you're using semantics as a tool or if you think that it helps you make your argument. Also, I see that you didn't answer my hypothetical. Why is that?
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#57
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Hypothetical? I'll go back and see if I can figure out what you are talking about?
__________________
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) |
#58
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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) |
#59
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There's 3 different [core] issues to address in the overarching Initiative: * Respect for Fed. constitutional right to bear under 2A/14A (shall-issue) ** After we have an expressly-acknowledged liberty interest in 2A/14A bear, we can invoke due process * Violations of State and Fed. equal protection provisions * Compliance with state statutes and relevant case law
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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. |
#60
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I understand that there is a time to lay down your cards and a time to hold them close to your vest. That is why in my original post in this thread I stated that I had volunteered and was on board and I hoped and trusted that the leadership knew what they were about. I will continue to be on board and take leaderships’ word for things as long as the mission is one of advice, assistance, and petitioning for redress. However, before I can support litigation I will need convincing evidence that Mims or her subordinates have, with malice, and or deliberate intent, subverted due process and or equal protection. Or, if it is simply a case of needing a precedent setting case, why a much less friendly and much more deserving county cannot be used. Quote:
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That’s interesting in light of the fact that you posted in another thread, about SB-610: Quote:
But let’s give the carrot a real good try before we get to heavy handed with the stick.
__________________
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) |
#61
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We would rather not need to sue anyone. However, the sheriffs have almost universally chosen to litigate and fight over their little power centers of CCW issuance. One day I'll be able to tell you how I know that. What folks have access to here and elsewhere online is about 5% of what is actually going on. Unfortunately, that may give some the impression that we're simply going around with a stick when, in fact, we've been trying to hand out carrots for over a year now. -Brandon
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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. Last edited by wildhawker; 06-01-2011 at 11:54 PM.. |
#62
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This is why I always get a good chuckle when folks try to double guess and correct the guys in charge here. Thanks again Brandon for your time and efforts you (and everyone else involved in this) spend helping out the rest of us! |
#63
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I am not trying to second guess or correct anyone. I have the greatest respect for the leadership here; none more so than Brandon. If I did not I would not donate my time and money. The fact remains one is ultimately responsible for one’s own actions. "Trust me"; only goes so far. If things I would like to know are not yet ready to be aired publicly I can live with that. How have you supported the cause lately?
__________________
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) |
#64
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I would actually be surprized if someone (or three) somewhere has not bumped his buddy to the top of the stack. That is well and truely an 'equal protection' problem. But I really dobt it is the main problem causing the delays.
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As far as being a means to an end, let me try this to show you where I am comming from. Your end is to make the world safer for women: 1. Tom rapes and murders a woman. 2. Dick murders a woman. 4. Harry rapes a woman. 4. Rudy beats the crap out of a woman and steals her purse. 5. Lamont runs by a woman and snaches her purse. You come along and say; "Mike, get your roap, we are going to go string up that rat bastard Lamont!" I'm just sayin? At some point I will need to understand why it is important to go after Lamont first or you ain't gitting my roap. Now I might help ya slap lamont around a little bit to show him the err of his ways? Quote:
Just that in regards Fresno equal protection is all important, but regards SB-610 you are ready to throw EP under the buss to eliminate buroughcratic dirty tricks that Fresno has already eliminated. Quote:
You are to be commended for your dedication and contribution, I have never questioned that, nor have I aluded that you or any other of our leadership do not know what they are doing. May I ask if this has included Fresno? Quote:
Mike
__________________
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) |
#65
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Meplat,
A few notes: 1. I was, in a number of posts, a bit short with you and I apologize for that. 2. SB610 no longer has any of the "legislator good cause" language. However, should it have remained a part of the bill, it's still a good bill because: a) the cleanup text significantly helps *all* applicants, and b) the exemptions *create* EP challenges/opportunities. 3. Lamont doesn't have the money to hire a top-tier law firm for the long haul, has little internal resources, and is located in a jurisdiction that is favorable to me. The appellate district in which Lamont resides moves fairly quickly. And, maybe, Lamont sort of agrees with me. Conversely, Tom, Dick, Harry, and Rudy are rather wealthy. They have significant internal resources and tons of pro-bono time available to them. Their jurisdictions are unfavorable to me, and their courts of appeal can be somewhat painful. These guys cannot see the error of their ways, *at all*. Zero remorse. Winning a case in a CA state court of appeals is binding on the entire state, including the jurisdictions of Tom, Dick, Harry, and Rudy. My job is to secure a victory for (over) all of California. I don't [always] need to take on Tom, Dick, Harry, and Rudy to beat Tom, Dick, Harry, and Rudy. 4. Fresno has been reached out to, and we'll continue to try and work through the issues we see. Unless something changes, Fresno is not our Lamont. 5. There's no rhetoric - I cite the law and identify those who do not follow it. There's plenty of proof that violations exist. It's a binary analysis; either they are in compliance, or they are not. If not, then we want them to fix it. I would be very pleased if you could help us there in Fresno by contacting the licensing authorities and suggesting their adoption of our model policy. You, too, (as well as all other residents) can offer carrots. We continue to seek out opportunities to work directly with the agencies to assist them in remedying their issues. I think grassroots support can go a long way to brokering such an outcome. -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. |
#66
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Mike
__________________
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) |
#67
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-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. |
#68
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In suggesting to the licensing authorities about adoption the calguns model policy, what would be the recommended way to do this? I got my CCW packet from the sheriffs office a few weeks ago and am waiting for the green light in this forum. |
#69
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Mike
__________________
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) |
#70
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I'd suggest either hand-delivery under a cover letter explaining what the policy is and why you think they should adopt it, or by regular mail (with a similar cover letter).
__________________
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. |
#71
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Letter To Sheriff
Brandon:
Am I correct in assuming that, at present, the main problems with Fresno CSD are noncompliance with the 90 day after application, or 30 day after DOJ report requirement, and stonewalling on the PRA request? Please advise if that assumption is correct. I would like to put the emphasis of my communication with FCSD where it will do the most good. Mike
__________________
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) |
#72
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does anyone know what type of proof I need to show I live in Fresno County? I have no bills or anything showing I moved here.
Am I SOL?
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PM 4 Front Sight diamond "If guns kill people, do pencils misspell words?" |
#73
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http://calgunsfoundation.org/downloa...nts/Fresno.pdf -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. |
#75
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-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. |
#76
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Sent from my SAMSUNG-SGH-I727 using Tapatalk
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PM 4 Front Sight diamond "If guns kill people, do pencils misspell words?" |
#77
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Current Backlog
Just thought I'd let everyone know, as of today the current backlog for initial appointment's is December 2012 . If anyone has to cancel for whatever reason please PM or post up here .
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#78
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If you were dating a deputy you could get an appointment tomorrow; if you were "in" with the right local businesses, you could get an appointment in a week or so. It's a fabricated backlog, want to apply in a couple weeks in accordance with CA law?
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#79
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Would knowing several deputies also help. They are family friends and would only want to ask them if it will help me out. I just called today and they are sending me an e-mail with the packet but said they are backed up till December 2012!
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