Koppel v Bonta: 2023 denial of CCW, Orange Co

[RickD427]

Chewy,

Best wishes for you and your family. Health and family always come first, take good care of yourself and your wife. Please keep us posted.

[AlmostHeaven]

I just saw this. If I get up there I would love to shoot with you. Presently I had my CDL taken as I may have experienced a mini -stroke and my wife won't let me fly to a b-in-laws memorial as I am having a cath lab procedure 10 days before.

I wish you the best fortunes during the procedure.

Does CDL mean commercial driver's license?

[Sgt Raven]

I wish you the best fortunes during the procedure.

Does CDL mean commercial driver's license?

That's what it means to me, but I had a real CA/Class A-CDL for 40 years.
Probably meant a CA/DL instead.

[AlmostHeaven]

That's what it means to me, but I had a real CA/Class A-CDL for 40 years.
Probably meant a CA/DL instead.

Okay. This makes more sense, as I thought that maintaining a commercial driver's license after retirement would be strange in the present circumstances.

[Chewy65]

Okay. This makes more sense, as I thought that maintaining a commercial driver's license after retirement would be strange in the present circumstances.

When I referenced the loss of my CDL, I meant my California Driver's License. A few weeks ago my driving privileges were reinstated, which is good as that was just time for me to play nurse and driver for my wife, who had knee replacement surgery. She is recovering well from that and will soon have to drive me into Los Angeles for heart valve replacement, with a bypass or two for good measure.

[Chewy65]

To bring things up to date, as none are expected to plow through the last 20 pages, I brought suit for previously denying me a CCW for lack of proof of CMC.. Denial was made on the basis of a psychologist's bull **** opinion. So this time I refused to take a psych exam from the sherrif's chosen psychologist and I filed a suit contesting the constitutionality of requiring a psych exam. I also challenged the then current GMC law. When that law was changed in 2022 the court found that my challenge to the GMC statute was mooted, but would permit me to go forward with the challenge to the psych exam requirement. However, due to medical reasons I opted to submit to this new pych exam as I lacked the vitality to continue in court. However, this time I got a different psych and this one reved about what a good citizen I was and how my very distant past was completely irrelevant. The sheriff issed the CCW and I dropped the suit. I just didn't have energy to continue to prove a point about the constitutionality of psych exams.

However, it is now time to renew the CCW. An applicant for a renewal isn't usually asked by this sheriff to take a psych exam, but it it should happen it's back to Federal Court. As for the lack of energy, the cause of it may have been taken care of. At least temporarily. They now have me in a heart failure clinic and am talking about more, but compratively minor, surgery. This brings me to my question.

I believe that CRPA filed suit challenging another county sheriff's CCW renewal applications that require ALL renwal applicants, not just initial applicants, to undergo a psych exam costing several hundred dollars. It isn't clear to me as I have not seen the complaint, but I don't know if it challenges any psych requirement ot only costly ones. Does anyone kow If any other cases, hopefully appellant cases, have ruled on the issue of psych exams? If you could enlighten me on them I iwould be most grateful.

[Dvrjon]

The issue of psych exam constitutionality is fairly new, so I don’t think there’s a lot of case work on it.

CRPA and partners have filed against Santa Clara County due to high fees and psych exams: https://saf.org/wp-content/uploads/2...nt-9.22.25.pdf

CRPA also filed against LASD for various issue, but the psych issue didn’t gain traction. https://crpa.org/news/blogs/court-is...n-la-ccw-case/

DOJ has now sued LASD due to delays in processing, but the psych evaluation issue doesn’t appear to be in play. https://www.justice.gov/opa/pr/civil...ort-gun-owners

[Chewy65]

Thanks Dvrjon. What you posted is what I thought. BTW, I made a small donation (but if all kicked in a small donation it would amount to something) to CRPA when I read the press release on its fiing against Santa Clara County. I just located the pleading and CRPA is alleging that though there is some rationale for requiring psych evals if an applicant has a history that may indicate mental issues, there is none to require all applicants to submit to psych exams. Furthermore, CRPA does allege that there is no history supporting aby psych exam and any requirement that some or all submit is unconstituional under the test announced in Bruen.

I agree that the complaint fails to clearly challenge all psych evaluation requirements and focuses, but it's in there. See paragraphs 105's allegtions that there is no valid, historically relevant law that conditioned the right to be armed in public on a psychological test, let alone mandating it for people wh have no history of psychological illness or impairment. A first amended complaint should make it clear. Especially in the prayer.

I suspect that Michelle continues to frst pursue low hanging fruit.

[Sgt Raven]

When I referenced the loss of my CDL, I meant my California Driver's License.

CDL is a specific abbreviation used for Commercial Driver's License in State and Federal codes.

To avoid confusion, CaDL would be appropriate for California Driver's License.

ETA: It's good to see you're stilling kicking around and in relatively good health.

[Chewy65]

Thanks Raven and all other well wishers. Actually, it's time to do my cardiac rehab. Prior to surgery, 911 had to be called to get me off the floor when I slipped from the couch. Now I walk a mile and a half every day and am working on doing more. Still, there is no way I could defend my family without one of my Sigs.

[Citadelgrad87]

After 4 years when it gets to SCOTUS, OC will give the dude a license and say "It's moot! There's no more controversy!" and SCOTUS will once again buy the BS.

Kav royally fornicated us when he added

There's a doctrine specifically to address that. Thats how roe v wade got decided.

Capable of repetition but evading review. so legislatures cant avoid review of a law by withdrawing it and then passing fhe same law again.

Trust me. If.my broken down *** knows about this, SCOTUS knows the score here.

[Chewy65]

Ctadel. That is basically why the judge only ruled part of the complaint moot, but continued the part in which I disputed the constitutionality or requring psych evals.

Funny story. Yesterday I went to the skeet range. Becasue it was dead the range captain was pulling for me and giving me tips. He ponted out that they took CCW applications for An Bernardiono County at that range and I told him that I had already made application to Orange County. His mouth almost dropped to his belly when he asked how that went and I told him they issued me a CCW, but only after I sued the Orange County Sheriff and the state Attorney General. They knew I was an attornaey, but I guess they never thought of me as the kind of attorney who sues.

[BAJ475]

Ctadel. That is basically why the judge only ruled part of the complaint moot, but continued the part in which I disputed the constitutionality or requring psych evals.

Funny story. Yesterday I went to the skeet range. Becasue it was dead the range captain was pulling for me and giving me tips. He ponted out that they took CCW applications for An Bernardiono County at that range and I told him that I had already made application to Orange County. His mouth almost dropped to his belly when he asked how that went and I told him they issued me a CCW, but only after I sued the Orange County Sheriff and the state Attorney General. They knew I was an attornaey, but I guess they never thought of me as the kind of attorney who sues.

Chewy65, Glade to hear you are doing well. So far I have not needed anyone help get me off of the floor. My Doc tells me that I should exercise more than just pushing a cart through Costco or the local grocery store.

[Chewy65]

Chewy65, Glade to hear you are doing well. So far I have not needed anyone help get me off of the floor. My Doc tells me that I should exercise more than just pushing a cart through Costco or the local grocery store.

BAJ. LIsten to the doc. I almost had the afternoon before the surgery while walking about the campus.I just got off the phone an hour ago and my health care provicer wants me in another heart failure class. But I feel good!