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Koppel v Bonta: 2023 denial of CCW, Orange Co

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  • #16
    guntrust
    CGN/CGSSA Contributor
    CGN Contributor
    • Jun 2009
    • 796

    Will watch this with interest, close to filing my own case.
    David R Duringer JD LL.M (Tax), CA/WA/TX atty
    CRPA Mag Must Retract Erroneous Bulletin Slamming Gun Trusts
    Radio ads: http://Protect.FM
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    • #17
      marcusrn
      CGN/CGSSA Contributor - Lifetime
      CGN Contributor - Lifetime
      • Mar 2010
      • 1176

      "California fireaem licensing regime is so vague and ambiguous it subjects applicants to arbitrary and capricious treatment and therefore violates due process". This was Peruta in 2010 and a dozen other national cases. People will not peacefully protest and sue forever.
      sigpic

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      • #18
        19K
        Veteran Member
        • Aug 2013
        • 3616

        Originally posted by GetMeCoffee
        But that refusal was after he had been asked to take the psych eval. I read CGZ's question to be what triggered the request for a psych eval in the first place. It sounds like that is not a routine request in OC.
        Im taking a wild guess and say probably when he spoke to them about the GMC denial they said to clear it up he needs one.

        Comment

        • #19
          darkwater34
          Senior Member
          • Feb 2016
          • 772

          Cali really blows on this crap the only way to legal carry a firearm is to possess a CCW. Yet criminals allowed to do whatever they want to those that abide by the law. Arizona among other states have Constitutional Carry Laws in place. Also because any whom can legally possess and purchase a firearm can carry concealed or open CCW's are easy to obtain, having a CCW in Arizona you no longer have to pay for background checks when purchasing firearms. A right denied is a right lost I read that somewhere and I agea. All these lawsuits wasting taxpayer monies to take rights away is sad.

          Comment

          • #20
            19K
            Veteran Member
            • Aug 2013
            • 3616

            Originally posted by darkwater34
            Cali really blows on this crap the only way to legal carry a firearm is to possess a CCW. Yet criminals allowed to do whatever they want to those that abide by the law. Arizona among other states have Constitutional Carry Laws in place. Also because any whom can legally possess and purchase a firearm can carry concealed or open CCW's are easy to obtain, having a CCW in Arizona you no longer have to pay for background checks when purchasing firearms. A right denied is a right lost I read that somewhere and I agea. All these lawsuits wasting taxpayer monies to take rights away is sad.
            As far as I am aware background checks are free and pay by your taxes in most states. I never paid a separate fee when I lived in Georgia and purchased a firearm from an FFL.

            If I recall you don?t have to fill out the 4473 (they will with their info). They take a copy of your permit.

            Comment

            • #21
              Drivedabizness
              Veteran Member
              • Dec 2009
              • 2610

              Originally posted by 19K
              As far as I am aware background checks are free and pay by your taxes in most states. I never paid a separate fee when I lived in Georgia and purchased a firearm from an FFL.

              If I recall you don?t have to fill out the 4473 (they will with their info). They take a copy of your permit.
              Umm no. Most Counties charge an exhorbitant fee (well in excess of $100) just to process the application. Then there is a Livescan fee.

              And we ALWAYS have to fill out a 4473 for every firearm - even if you have a CCW.

              Welcome to California. You checked your freedom at the door.
              Proud CGN Contributor
              USMC Pistol Team Alumni - Distinguished Pistol Shot
              Owner of multiple Constitutionally protected tools

              Comment

              • #22
                Sgt Raven
                Veteran Member
                • Dec 2005
                • 3806

                Originally posted by 19K
                As far as I am aware background checks are free and pay by your taxes in most states. I never paid a separate fee when I lived in Georgia and purchased a firearm from an FFL.

                If I recall you don?t have to fill out the 4473 (they will with their info). They take a copy of your permit.

                IIRC, an FFL has to have a signed & completed 4473 for every firearm transferred to a non-FFL..
                sigpic
                DILLIGAF
                "Never attribute to malice that which can be adequately explained by stupidity, but don't rule out malice"
                "Once is Happenstance, Twice is Coincidence, Thrice is Enemy Action"
                "The flak is always heaviest, when you're over the target"

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                • #23
                  AlmostHeaven
                  Veteran Member
                  • Apr 2023
                  • 3808

                  In Virginia, we have a background check fee for every transfer.

                  Buy a gun for $X, and you have to tack on 6% sales tax and a modest Virginia State Police background check fee.

                  It ought to be unconstitutional, but one step at a time, since we unfortunately have much bigger issues to worry about than background check fees.
                  A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

                  The Second Amendment makes us citizens, not subjects. All other enumerated rights are meaningless without gun rights.

                  Comment

                  • #24
                    darkwater34
                    Senior Member
                    • Feb 2016
                    • 772

                    I recently purchased 5 firearms here in Arizona and only had to fill out one
                    4473 and did not have to pay the $25.00 fee. Just show my CCV and D.L.
                    Now before I had my CCW I bought an AR-15 complete lower had to show my Arizon D.L. fill out the 4473 and pay the $25,00 for the background check and by the way walked out of the gunshop with my firearms the same day. I love Arizona constitutional carry and
                    No waiting periods and now that I have my CCW NO background check fees.

                    Comment

                    • #25
                      CGZ
                      Senior Member
                      • Nov 2014
                      • 990

                      Originally posted by darkwater34
                      I recently purchased 5 firearms here in Arizona and only had to fill out one
                      4473 and did not have to pay the $25.00 fee. Just show my CCV and D.L.
                      Now before I had my CCW I bought an AR-15 complete lower had to show my Arizon D.L. fill out the 4473 and pay the $25,00 for the background check and by the way walked out of the gunshop with my firearms the same day. I love Arizona constitutional carry and
                      No waiting periods and now that I have my CCW NO background check fees.
                      Many states have it where if you have a CCW, it is used as your background check when filling out a 4473. In California, it only serves as a proof of residency and waver for the safe handling demonstration. In California, you need a C&R and COE to bypass the 1 in 30 restrictions and the 10 day wait for eligible C&R firearms.

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                      • #26
                        AlmostHeaven
                        Veteran Member
                        • Apr 2023
                        • 3808

                        Originally posted by darkwater34
                        No waiting periods and now that I have my CCW NO background check fees.
                        That's the way it ought to be everywhere.

                        There aren't any waiting periods in Virginia, but our concealed handgun permit doesn't exempt us from the mandatory "universal" background check for some stupid reason, considering the same authority that issues the permit also conducts the background checks.
                        A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

                        The Second Amendment makes us citizens, not subjects. All other enumerated rights are meaningless without gun rights.

                        Comment

                        • #27
                          flyer898
                          Senior Member
                          • Feb 2009
                          • 2014

                          After Bruen held that the 2nd Amendment protects the right to be armed outside the home, a person is presumptively entitled to a permit. If the state disagrees, then it is their burden to rebut that presumption. However, the process in place turns that on its head. Getting a permit should be no more complicated, time consuming, or costly than getting a driver's license. Carrying a firearm for defense outside the home is a constitutional right - driving is a privelege.
                          Never argue with a fool, onlookers may not be able to tell the difference. So said somebody but not Mark Twain
                          "One argues to a judge, one does not argue with a judge." Me
                          "Never argue unless you are getting paid." CDAA
                          "I learned long ago, never to wrestle with a pig. You get dirty, and besides, the pig likes it." George Bernard Shaw

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                          • #28
                            19K
                            Veteran Member
                            • Aug 2013
                            • 3616

                            Originally posted by Drivedabizness
                            Umm no. Most Counties charge an exhorbitant fee (well in excess of $100) just to process the application. Then there is a Livescan fee.

                            And we ALWAYS have to fill out a 4473 for every firearm - even if you have a CCW.

                            Welcome to California. You checked your freedom at the door.
                            My quote was in reference to the post I quoted relating to AZ law.


                            There is no livescan fee for a DROS. There is a fee for dros. Are you referring to a live scan for getting a CCW in California? There is always a live scan fee. In every state for getting a live scan for anything.

                            There isn?t a charge in most states for a NICS check, which is done in AZ.

                            I read up in AZ law and misunderstood. A 4473 is required to be completed but a background check isn?t ran if the buyer has an AZ CCW.

                            Comment

                            • #29
                              19K
                              Veteran Member
                              • Aug 2013
                              • 3616

                              Originally posted by Sgt Raven
                              IIRC, an FFL has to have a signed & completed 4473 for every firearm transferred to a non-FFL..
                              Yes I misunderstood what I read. A 4473 is filled out but a background check isn?t run if the buyer has a CCW, in AZ.

                              Comment

                              • #30
                                SpudmanWP
                                CGN/CGSSA Contributor
                                CGN Contributor
                                • Jul 2017
                                • 1156

                                Originally posted by flyer898
                                Getting a permit should be no more complicated, time consuming, or costly than getting a driver's license. Carrying a firearm for defense outside the home is a constitutional right - driving is a privelege.
                                Agree.

                                It should be as simple as:
                                1. Take your training/qualificaiton.
                                2. Do your picture, background check, and livescan on the same day.
                                3. Pickup your CCW a week later.

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