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Peruta applies to local agencies?

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  • svthuh
    Junior Member
    • Feb 2007
    • 53

    Peruta applies to local agencies?

    My local PD is not a "refer to sheriff" agency, so instead of dealing with the LASD which will likely be useless until they themselves are sued into cooperation, I was considering applying with my local PD.

    So, the Peruta decision should apply to every issuing agency, right?
  • #2
    sandman21
    Senior Member
    • Apr 2010
    • 1145

    Technically no, Peruta invalidated the policy of SDSD regarding good cause. If another jurisdiction wanted to they could still refuse and be sued and quickly lose. This is my understanding of how it works. I suggest contacting the PD and asking them how they are going to proceed on good cause statements.

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    • #3
      svthuh
      Junior Member
      • Feb 2007
      • 53

      Good advice.. I may just have to contact them on Monday.

      Comment

      • #4
        Dvrjon
        CGN/CGSSA Contributor - Lifetime
        CGN Contributor - Lifetime
        • Nov 2012
        • 11318

        Originally posted by svthuh
        My local PD is not a "refer to sheriff" agency, so instead of dealing with the LASD which will likely be useless until they themselves are sued into cooperation, I was considering applying with my local PD.

        So, the Peruta decision should apply to every issuing agency, right?
        You have to go through the local PD, and you've got to have a better shot with the locals than LASD, so go. If they turn you down, then you can turn to LASD.

        Cheers,

        JR
        Last edited by Dvrjon; 02-21-2014, 8:05 PM.

        Comment

        • #5
          j-shot
          Senior Member
          • Jan 2014
          • 1646

          Originally posted by svthuh
          My local PD is not a "refer to sheriff" agency, so instead of dealing with the LASD which will likely be useless until they themselves are sued into cooperation, I was considering applying with my local PD.

          So, the Peruta decision should apply to every issuing agency, right?
          Originally posted by sandman21
          Technically no, Peruta invalidated the policy of SDSD regarding good cause. If another jurisdiction wanted to they could still refuse and be sued and quickly lose. This is my understanding of how it works. I suggest contacting the PD and asking them how they are going to proceed on good cause statements.
          I thought it affected all agencies within the 9th district...?
          Originally posted by Citadelgrad87
          ...what we have here is a hillary panty sniffer...
          Originally posted by Appleseed
          A Rifleman understands that owning and mastering a rifle is part of his heritage as an American.
          Originally posted by ProShooter
          No man, butt rape is happening like, all of the time in prison. It's basically just one huge orgy.

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          • #6
            Paladin
            I need a LIFE!!
            • Dec 2005
            • 12401

            Originally posted by j-shot
            I thought it affected all agencies within the 9th district...?
            He's being technically correct.

            In practice, all but hardcore anti issuing LEAs willing to pay for their own lawyers and the plaintiff's lawyers fees (and more), will capitulate once Peruta appeals are either exhausted or expired (not acted upon in timely manner). They'll run for cover from being sued by going judicial Shall Issue.
            240+ examples of CCWs Saving Lives.

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            • #7
              sandman21
              Senior Member
              • Apr 2010
              • 1145

              Originally posted by Dvrjon
              You have to go through the local PD, and you've got to have a better shot with the locals than LASD, so go. If they turn you down, then you can turn to LASD.

              Cheers,

              JR

              You do not have to go to the local PD first.



              Originally posted by j-shot
              I thought it affected all agencies within the 9th district...?
              It's why I said technically no, my understanding is that the ruling overturns the SDSD policy on accepting good cause. If another jurisdiction wanted to yank our chains they could still deny good cause. CGF/SAF or the NRA would then quickly sue that policy and that jurisdiction would lose and possible pay the lawyer fees. Non-lawyer understanding.

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