CRPA demand letter to CA sheriffs that won't issue

[clb]

Get some

[Paladin]

From the Santa Clara Co CCW application thread:

Just heard from one of our future students that the SCCSO is about six months out on processing CCWs.

[pacrat]

Originally Posted by sabertactics View Post
Just heard from one of our future students that the SCCSO is about six months out on processing CCWs.

From the Santa Clara Co CCW application thread:

So considering that NYSRPA v Bruen was a bit over six months ago. That's a year that they will continue to NOT ISSUE.

WTF, I hope the incompetent bastards are at least, a little faster than that, when responding to calls for service.

[Drivedabizness]

When they get to pay the legal cost of a suit, it might help city managers / city council follow a law

They never will unless we change the law. Right now, local governments self-insure (I wonder how such coverage, that covers settlements for illegal violations of rights, is even AVAILABLE commercially). Case in point - several years back the City of Pleasant Hill (using Brady campaign supplied language) started going after gun stores. They ended settling the resulting civil rights lawsuit for 400K + fees. The City paid not one dime. Insurance covered it.

[aguynamedbryan]

Just saw CRPA issued a letter to Alameda County Sheriff threatening litigation over a variety of violations, one of which was lengthy processing times. I've been assuming CRPA is aware of LA County's year+ permitting process - anyone know if that's the case? Or is there value in reaching out to them with this?

[Usual_Suspect]

Just saw CRPA issued a letter to Alameda County Sheriff threatening litigation over a variety of violations, one of which was lengthy processing times. I've been assuming CRPA is aware of LA County's year+ permitting process - anyone know if that's the case? Or is there value in reaching out to them with this?

I know a few who let CRPA know, and CRPA did send then Sheriff Villanueva a letter, not sure if Luna has been served with one.
There is a processing requirement by law, but there is no penalty for not complying. All that will likely happen is, LASD will come in, tell the Court they are issuing and making a good faith effort to comply with the law, but the BoS holds the budget purse strings and chooses not to fully fund the program, and the issuance time has decreased as they are making a good faith effort to comply with the statute. The Court will then appoint a monitor to see that LASD is issuing and won't do much else. The monitor will report progress every 30 days, and LASD is processing faster now that 6 months ago. You need to show how you are being damaged by the wait, which, unfortunately is tough to do.
You can always file a Write of Mandamus and compel the Sheriff to comply, but no penalty, probably the same thing. It's will almost be like a consent decree, they will admit they are behind, show they are trying to catch back up.

I am trying to figure out why 1 County is being put on notice for Psychological Testing and Good Moral Character, yet I read other City and County Agencies are requiring it, yet no letter to them.

[Drivedabizness]

I know a few who let CRPA know, and CRPA did send then Sheriff Villanueva a letter, not sure if Luna has been served with one.
There is a processing requirement by law, but there is no penalty for not complying. All that will likely happen is, LASD will come in, tell the Court they are issuing and making a good faith effort to comply with the law, but the BoS holds the budget purse strings and chooses not to fully fund the program, and the issuance time has decreased as they are making a good faith effort to comply with the statute. The Court will then appoint a monitor to see that LASD is issuing and won't do much else. The monitor will report progress every 30 days, and LASD is processing faster now that 6 months ago. You need to show how you are being damaged by the wait, which, unfortunately is tough to do.
You can always file a Write of Mandamus and compel the Sheriff to comply, but no penalty, probably the same thing. It's will almost be like a consent decree, they will admit they are behind, show they are trying to catch back up.

I am trying to figure out why 1 County is being put on notice for Psychological Testing and Good Moral Character, yet I read other City and County Agencies are requiring it, yet no letter to them.

Are you an attorney? Because I frequently see language in legal briefs stating that deprivation of rights constitutes irreparable harm. The clear language of Bruen says permits can be required but they can't be discretionary, expensive or take too much time. A lot of bad things can happen in 6 to 12 months while they figure out how to do something as simple as running a NICS background check (which takes a few minutes) to determine of you are prohibited or not. Seems a simple enough argument to make. What am I missing?

[Usual_Suspect]

Are you an attorney? Because I frequently see language in legal briefs stating that deprivation of rights constitutes irreparable harm. The clear language of Bruen says permits can be required but they can't be discretionary, expensive or take too much time. A lot of bad things can happen in 6 to 12 months while they figure out how to do something as simple as running a NICS background check (which takes a few minutes) to determine of you are prohibited or not. Seems a simple enough argument to make. What am I missing?

I am not an Attorney. If I had my way, the 2nd Amendment would be exercised the same as the 1st Amendment. Do you think the masses would allow for any legislation that required you to jump through the same hoops to get a CCW, as standing on a street corner with a sign in protest? I highly doubt it. Could you picture this, to stand on that street corner, you need to apply, wait until we tell you, get your fingerprints scanned, a criminal history check, and a protest check in lieu of a firearms check, a Psychological Screening, a face to face interview, and you need 3 references to show all you are going to do is protest on the corner, you need to pay for the protest permit, or PP as it is called.
We all know if it to be enacted, there would be recalls and politicians looking for a job.

The problem with litigation when it comes to deprivation of rights, when the Government is a defendant, there is a rarely a quick fix. Look at how many Government Entities have been working under Consent Decree's. They go on for decades.
I am ok with CRPA taking it one step at a time a prioritizing where they spend their capital, start with the Agencies that are not issuing, then work on those that are requiring Psychological Testing, then Moral Character. There are many that are disqualified for a CCW based off of those 2 alone, which is a permanent denial. That to me is more harmful than a delay.
Prior to moving, I applied at LASD, supplied them with reports and court paperwork showing there was a credible ongoing threat, and after 16 months of waiting, not so much as a letter saying we received your application, moved my business, and my family to Nevada. I had my CCW in 2 weeks, the process is streamlined in Nevada. I still donate to CRPA, even after leaving. I hope it stops the insanity, and hopefully will prevent it from spreading.

[Drivedabizness]

I don't disagree with a lot of the things you're saying except for one thing - we've done entirely too much patiently waiting. As Judge Benitez stated during the 12/12 hearing, the Courts are the only peaceful way to resolve these issues. The other side would do well to remember that. And when we make demands we should only give slack where there is clear movement in the right direction. I know from personal experience of 2 IA's (Solano & Nevada Co) that have gone backwards since Bruen. I'd be happy to write checks to CRPA to support prioritized litigation.