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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
05-05-2009, 1:56 PM
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CCW: SAF, Calguns Challenge Arbitrary Denial of Right to Bear Arms In California
BELLEVUE, WA and REDWOOD CITY, CA – The Second Amendment Foundation, The Calguns Foundation and three California residents today filed a lawsuit seeking to vindicate the right to bear arms against arbitrary state infringement.
Nearly all states allow qualified law-abiding citizens to carry guns for self-defense, but a few states allow local officials to arbitrarily decide who may exercise this core Second Amendment right. In the action filed today, Plaintiffs challenge the policies of two California Sheriffs, in Sacramento and Yolo counties, who reject the basic human right of self defense by refusing to issue ordinary people gun carry permits. Of course, violent criminals in the impacted counties continue to carry guns without police permission. State scientist Deanna Sykes believes her sexual orientation and small stature makes her an appealing target for criminals, particularly as she often transports firearms as a competitive shooter and firearms instructor. “I am highly qualified to defend myself against the sort of crime that the Sheriff cannot, despite his best efforts, completely eradicate,” Sykes said. “Violent crime is a real risk in our society, but happily, we enjoy the right to defend ourselves from it.” Andrew Witham has over 15 years experience as a police officer in Britain, and is licensed to carry a firearm while working as a private investigator and campus public safety officer. But despite having been the target of death threats stemming from his work in security, Sheriff John McGinness saw to it that Witham’s license to carry a gun while away from work was revoked upon Witham’s relocation to Sacramento. “I’m allowed to defend other people,” said Witham, “so why can’t I defend myself, where the Bill of Rights guarantees me that right?” Adam Richards, a Northern California attorney, would also exercise his right to bear arms in self- defense. But the Yolo County Sheriff’s policy on gun permit applications is: don’t bother. “How can the Sheriff tell whether I am capable of responsibly exercising my Second Amendment rights, when he doesn’t even acknowledge that these rights exist?” Attorney Alan Gura, representing the plaintiffs in this case, said, “It’s a shame that these Sheriffs don’t think that self-defense is a ‘good cause’ to exercise the right to bear arms, but we’re confident the Second Amendment reflects a better policy.” Added co-counsel Donald Kilmer, “The California carry licensing system is being abused by some officials who are hostile to self-defense rights. The police can regulate the carrying of guns, and that includes preventing dangerous people from being armed. Complete deprivation of the right to bear arms, however, is not an option under our Constitution.” “The Supreme Court’s decision last year in the Heller case shows that there is both a right to keep arms and a right to bear arms,” said SAF founder Alan Gottlieb. “In most states, authorities do not deny a license to carry an operable firearm to any law-abiding applicant that completes training and a background check. This is also the practice throughout much of California. These two Sheriffs must respect the constitutional rights of their citizens to bear arms.” “California is often a leader in so many ways, but our state lags badly in streamlining its firearms laws,” said Gene Hoffman, Chairman of The Calguns Foundation. “We need 21st century gun laws that respect our Constitutional rights, and adopt modern, widely accepted practices that work well throughout the United States. Hopefully this action will serve as a wake-up call to our legislators, and to those officials who stubbornly resist accommodating Second Amendment rights. If they don’t reform, reform will come through litigation.” The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. The Calguns Foundation (www.calgunsfoundation.org) is a non-profit legal defense fund for California gun owners. The Calguns foundation works to educate government and the public and protect the rights of individuals to own and lawfully use firearms in California. A copy of the complaint is available: http://www.hoffmang.com/firearms/syk...2009-05-09.pdf Case progress will be available on the case's wiki. -Gene
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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights 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
 Last edited by hoffmang; 07-10-2009 at 12:08 AM.. Reason: Added CCW to the subject line. - Added wiki link. 
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#2
05-05-2009, 1:57 PM
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First post! Good job on getting Sykes on board.
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#4
05-05-2009, 1:59 PM
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Congrats!!
I'm very excited to see CGF stepping in front of the parade. Some of the folks threatening to challenge this in the criminal justice system scared the bejeezus out of me.
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#5
05-05-2009, 2:00 PM
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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights 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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#6
05-05-2009, 2:00 PM
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When it rains... IT POURS!
Look out America, California wants back in!
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“We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans.” US Supreme Court Majority Opinion - D.C. v Miller
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#7
05-05-2009, 2:03 PM
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Holy shnikies! I guess it will be easier for CA to write them one big massive check instead of 3 or 4 at once for the Roster challenge and others, eh?
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"You can't stop insane people from doing insane things with insane laws. That's insane!" -- Penn Jillette Quote:
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#9
05-05-2009, 2:09 PM
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so were working the handgun bag for all its worth i see. i'll be turning 21 soon and i appreciate all your efforts.
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#10
05-05-2009, 2:09 PM
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Gene,
Requesting that 12050 be declared unconstitutional is way cool! This action is keeping my April 20th 2nd Amendment in California smile going on my face.  My May contribution is on its way to you guys, and keep up the good work. jim
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LCDR Jim Dodd, USN (Ret.)
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#11
05-05-2009, 2:12 PM
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Wow, talking about picking the right plaintiffs. This case and the safe handgun case are very well planned and thought out. I would love to be a fly on the wall in Gene's office.
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#12
05-05-2009, 2:12 PM
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Beautiful, great news. CalGun is on my monthly donation list, I hope everyone else will do the same by donating what they can, each month.
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"If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions." --James Madison 'Letter to Edmund Pendleton', 1792
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#14
05-05-2009, 2:15 PM
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EXCELLENT! A classic Gura and team nuclear strike, especially in the plaintiffs selection.
I'm glad this is being done so quickly because it's plain to me that there will be a bunch of pro se CCW cases coming up also, and the last thing we need is to have someone like Gary Gorski making CCW case law in this state.
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"Weakness is provocative." Senator Tom Cotton, president in 2024 Victoria "Tori" Rose Smith's life mattered.
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#15
05-05-2009, 2:15 PM
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That just sounds sooooooo.... sweet.
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#16
05-05-2009, 2:15 PM
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Bill Wiese San Jose, CA CGF Board Member / NRA Benefactor Life Member / CRPA life member
 No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer.
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#17
05-05-2009, 2:15 PM
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I'm manic-giddy.
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#18
05-05-2009, 2:17 PM
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I hope I don't have to remind everyone that freedom isn't free. Please donate.
"Good Cause" and "moral character" means not prohibited. This document from 1789 says so. -Gene
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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights 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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#19
05-05-2009, 2:18 PM
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You guys rock! As soon as I can find another job, I'm sending in a donation
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#20
05-05-2009, 2:18 PM
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WOOT WOOT
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#22
05-05-2009, 2:21 PM
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Very nice!
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#25
05-05-2009, 2:26 PM
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#27
05-05-2009, 2:28 PM
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It's right on the cover leaf of the complaint. It's a good read, download it.
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#28
05-05-2009, 2:28 PM
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Jumpin' Jehosephat, Gene, you guys really *were* clawing at the bars just waiting to be let out of the cage, weren't you?
 This is item #2 on the agenda, and it has taken all of fifteen days. By extrapolation, and we all know that extrapolation is extraordinarily accurate, the challenge to the CA AW ban will be filed on May 12 or 13th. However, the first challenge took ten days and the second five days after that, so there may have been a five-day bit of overhead to get the ball rolling. If so, then it should only take five days to begin the AW ban suit. Since you can't file on Sunday, that means the filing will be Monday May 11th. While the term blitzkreig has already come up, I'd like to propose that this be termed the "Shock And Awe" campaign.   7x57
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 What do you need guns for if you are going to send your children, seven hours a day, 180 days a year to government schools? What do you need the guns for at that point?-- R. C. Sproul, Jr. (unconfirmed) Quote:
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#29
05-05-2009, 2:28 PM
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-Gene
__________________
Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights 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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#30
05-05-2009, 2:29 PM
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All I can do is smile and laugh... and donate.
Another great job, CGF. Lindz will be especially happy to hear
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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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#31
05-05-2009, 2:30 PM
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Awesome! Can't wait to see what's yet in store as part of your "blitzkrieg"!
-Jason
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#32
05-05-2009, 2:32 PM
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Two Weeks!
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#33
05-05-2009, 2:36 PM
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 So we're calling this one Nagasaki?
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"You can't stop insane people from doing insane things with insane laws. That's insane!" -- Penn Jillette Quote:
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#34
05-05-2009, 2:37 PM
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on it's way
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NRA Benefactor Member - CRPA Life Member - SAF Life Member Donate to Calguns Foundation
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#36
05-05-2009, 2:38 PM
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#37
05-05-2009, 2:39 PM
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Best of luck on the case. This is wonderful news. Thanks to all you guys for what you are doing.
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#38
05-05-2009, 2:40 PM
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7x57
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What do you need guns for if you are going to send your children, seven hours a day, 180 days a year to government schools? What do you need the guns for at that point?-- R. C. Sproul, Jr. (unconfirmed) Quote:
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#39
05-05-2009, 2:40 PM
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"Can our form of government, our system of justice, survive if one can be denied a freedom because he might abuse it?" --Harlon Carter "A government big enough to give you everything you want is a government big enough to take from you everything you have." --Gerald Ford "Government is essentially the negation of liberty." --Ludwig von Mises "You cannot invade mainland United States. There would be a rifle behind each blade of grass." --Admiral Yamamoto USS Hornet ARC Member.  Join today?
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#40
05-05-2009, 2:42 PM
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