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Jim March.... Prop 59?

Discussion in 'Legal' started by Carnitas, Oct 3, 2004.

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  1. Carnitas

    Carnitas Member

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    Is this a good thing?
    Will this help your work?
    Will this put everybody's name who has a permit in the newspaper?
     
  2. Gray Peterson

    Gray Peterson Member

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    Your permits can already be listed in the newspaper right now due to the CBS v. Block decision.

    Prop 59 would allow triple damages and attorney's fees to the state's right to public records. It's believed that rather than face the scrutiny of possible illegal campaign contributions, illegal violations of the CBS v. Block decision, and other assorted minutea, the sheriffs would most likely lobby the Legislature to make CCW shall-issue and therefor be able to close the records because there will be no chance of abuse of discretion if there is none.
     
  3. Jim March

    Jim March Member

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    This is THE BEST proposition on the California ballot.

    Let's start with your question:

    Right now newspapers can get permitholder lists...I know of only one case where a sheriff "held out" on that info for a newspaper, and the sheriff was VERY bad plus had it "in for" the local free weekly. (The paper had no intention of publishing names, they were interested in corruption allegations.)

    Such list publication isn't common. It's happened here and there but by and large, the anti-gun media doesn't want to talk about CCW much both because they don't want to increase the application rates and they don't want to talk about the problems with the program.

    In any case, Prop59 (formerly known as SCA1 when it passed the legislature 100% in both houses) doesn't change what is and is not public record. Access to CCW records is controlled by a 1986 California Supreme Court case:

    http://www.equalccw.com/cbsvblock.html

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    Prop59 was written by the California newspaper lobby. John Burton was the sponsor of record but this is one case where Burton really helped us :).

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    So what DOES Prop59 do?

    By establishing a constitutional civil right to public records, it severely raises the stakes for any agency illegally screwing around with said records.

    The penalties go up. WAY up. The Public Records Act basically grows teeth. Hell, fangs. Big evil yellow fangs :).

    Triple attorney fee bonuses for violations of const. rights means easy access to lawyers, just for a start.

    For an overview of exactly what I'm going to do with it, see also:

    http://thehighroad.org/showthread.php?s=&threadid=102840&perpage=999
     
  4. Jim March

    Jim March Member

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    Lonnie, I think we can get shall-issue pressure brewing all right, but not FROM the sheriffs.
     
  5. Carnitas

    Carnitas Member

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    Cool.

    I was leaning towards it, but in reading through it I though how it might affect what you're doing.

    Now I just have to plow through the rest of the garbage in the voter's phamplet.

    Reading the stuff this year, I'm certian that making the language as ambiguous as possible has become a goal with the prop writers.
     
  6. Standing Wolf

    Standing Wolf Member in memoriam

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    No doubt—but which language?
     
  7. Jim March

    Jim March Member

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    Socialist Cling-On :rolleyes:
     
  8. Esky

    Esky Member

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    BTT


    Esky
     
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