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Our own Jim March creating a BIG stink re: CA CCW!!! MUST READ!

Discussion in 'Legal' started by Drjones, Jan 1, 2004.

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  1. Drjones

    Drjones member

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    I'm shocked and disappointed that this hasn't been posted yet, but its ok because I'm happy to be the first to break the news! :)

    WAY TO GO JIM!!!

    Hopefully these suits will help make it easier to obtain CCW in ************. Wanna give us any more insight, Jim? :)


    http://www.sacbee.com/content/politics/story/8031489p-8967304c.html


    Bias alleged in gun permits

    Suits over a new state law claim favoritism by Blanas and others in allowing concealed weapons.

    By Ramon Coronado and Denny Walsh -- Bee Staff Writers

    Published 2:15 a.m. PST Thursday, January 1, 2004

    Two national gun-rights groups will ask a Sacramento Superior Court judge Friday to block a new California law that they say will lead to unchecked favoritism in the granting of concealed weapons permits in the state.
    The law, scheduled to take effect today, frees the state Department of Justice from collecting data on people who apply for gun permits from local law enforcement agencies.

    The suit was filed this week on behalf of the Citizens Committee For he Right to Keep and Bear Arms and the Second Amendment Foundation, which together claim more than a million members nationwide.

    A companion suit filed this week in Sacramento federal court contends that Sacramento County Sheriff Lou Blanas doles out concealed weapons permits based on an applicant's political influence or law enforcement ties.

    "It is the job of the people to make sure that government is fair and free from racial bias and political favors," said Sacramento lawyer Daniel M. Karalash, who filed the motion for an injunction in Superior Court.

    The injunction, which seeks to delay implementation of the new law, is scheduled to be heard before Judge Loren E. McMaster.

    The law, AB 1044, was sponsored by state Attorney General Bill Lockyer, who maintains that the Department of Justice was required as the "keeper of records" to accumulate applications, even though other laws, such as the Privacy Act, prevented public access to the information.

    "For 18 years we have been wanting to rid ourselves of the applications, which we can do nothing with," Lockyer spokeswoman Hallye Jordan said.

    The law still allows watchdog groups to seek application information from sheriffs and chiefs of police throughout the state, Jordan said.

    The suit, however, maintains that the state records offer the only assurance that the permit process is fair and free from abuse by the state's 58 elected sheriffs and more than 300 police chiefs.

    James March, a gun-rights lobbyist named as a third plaintiff in the Superior Court suit, claims in the suit that he had meetings with state officials in which he told them of an "abnormally low number of female holders" and "very few permit holders with Hispanic last names."

    "March also described patterns where some sheriffs specifically 'redlined' towns in their counties with higher minority populations than the county as a whole," the suit said of the practice of discriminating in certain areas.

    The federal suit focusing on Blanas alleges the new law is a "deliberate effort to conceal massive wrongdoing in the handling of concealed weapons permit applications across California."

    Filed by Sacramento attorney Gary Gorski on behalf of a state worker whose application for a permit was rejected, the federal suit seeks an injunction barring discrimination in Sacramento County's permit process. No hearing has been scheduled in federal court.

    "Defendant Blanas has personally taken in over $100,000 in campaign contributions from his small ... permit-holder pool," the suit alleges.

    Undersheriff John McGinness strongly disputed any correlation between weapon permits and campaign contributions to Blanas.

    "At the appropriate time, if necessary, we will provide information to the court that will dispel that idea," McGinness said. "Our procedures are very defensible, and the data will support them."

    There now are 40,643 Californians with permits to carry concealed weapons, according to state officials.

    Officials claim they are limited in their use of application and gun permit data to specific areas, including the investigation and arrest of criminals, and the return of stolen or lost weapons. The new law also frees state officials from what Jordan described as "nonstop litigation" with gun-rights' groups seeking access to the records, including those who filed the Superior Court suit.

    The federal suit was filed on behalf of David K. Mehl, 38, identified as a chemical engineer with no criminal history who lives with his family in Sacramento County. Mehl "owns a handgun, which he would like to carry in his vehicle and on his person ... for protection of himself, his family, and other citizens, just as other privileged and well-connected citizens and retired peace officers and the sheriff's various cronies and campaign contributors are allowed to carry a concealed handgun," the suit says.

    McGinness acknowledged that retired law enforcement officials, who often are targeted by people they have arrested or prosecuted, are entitled to permits.

    Gorski insists that retired police officers and prosecutors have no more right to carry a concealed weapon for protection than other citizens. A policy that says otherwise is a violation of the 14th Amendment's equal protection clause, according to the federal suit. It alleges that the Sheriff's Department issues "honorary and low-level reserve law enforcement credentials," which confer "untrained reserve status" to "political campaign contributors just so (they) can carry a concealed weapon."

    But McGinness said sheriff's mounted drill team members, to whom the suit refers, "do not, as a matter of course, receive a weapon permit. They have to meet the same criteria as everyone else." For example, he said, a physician who routinely carries controlled substances, or a jeweler transporting valuable gems would be eligible for a permit.

    "We maintain tight control of this process," McGinness said.



    --------------------------------------------------------------------------------

    About the Writer
    ---------------------------

    The Bee's Ramon Coronado can be reached at (916) 321-1191 or rcoronado@sacbee.com.
     
  2. Hkmp5sd

    Hkmp5sd Member

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    ATTABOY, Jim! :) Keep the faith. Surrender is not an option.
     
  3. Standing Wolf

    Standing Wolf Member in memoriam

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    Well done, Jim March!
     
  4. standingbear

    standingbear Member

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    Jim March for president!!........I'm surprised nobody here has thought of that one yet.Its not a big stink hes creating,I think hes cleaning up a big stink.:D
     
  5. Jim March

    Jim March Member

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    Heh. Ya, I've seen this.

    First, there's more comments here:

    http://www.thehighroad.org/showthread.php?s=&threadid=56893

    Second, tomorrow at 8:45am we've got a hearing on a temporary restraining order barring Cal-DOJ from trashing the records prior to the full trial. We expect to win. The moment that's done with, I'll have a much more full report (and website update) on what's going on.

    AB1044 is very controversial in part because the NRA has supported it. See also:

    http://www.nramemberscouncils.com/caspecial/ab1044.shtml

    The problem is, that page contains...well, it's hard to call it a "lie", but they're trying to make you think the records of CCW issuance are going to be destroyed.

    That's not the case. At stake...well, read the other THR thread linked above. I'm too busy prepping for tomorrow to re-hash :).

    Minor correction to the SacBee article: Gary Gorski's Federal case against Blanas isn't a "companion case", although he is using some of the same research material in the Dan Karalash and John Brophy are fighting for myself, SAF and CCRKBA.
     
  6. Logistar

    Logistar Guest

    :) :) :) :) OUTSTANDING JIM! WAY TO GO !!! :) :) :) :)

    I agree! JIM MARCH for President!
     
  7. Jim March

    Jim March Member

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    Ain't no way I'm running for ANY office.

    My "alpha male gene" is defective. Plus I've got too much self respect :rolleyes:.
     
  8. 10-Ring

    10-Ring Member

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    Jim - THANKS for the devotion you have! CA will shine again because of your work!!
     
  9. gunsmith

    gunsmith member

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    this part burns me up

    I'm an armed security guard,face the same problem, but there's no
    way for me to get a permit in San Francisco. Meanwhile I can carry on duty!?
    What about citizens who call the police about crime in their neighborhoods?
    they don't have the right to defend they're own life?!?:fire:
     
  10. Jim March

    Jim March Member

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    Folks, thank you for the kind words throughout this thread.

    Let me just add that full access to the DOJ's archive of CCW data may be the key to cracking this mess. DOJ is desperate to limit access.

    There's a reason, folks.
     
  11. stv

    stv Member

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    As I said in the other thread, THANK YOU. This is only the beginning of what could be a glorious struggle :D
     
  12. sm

    sm member

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    Jim March, thank you sir for fighting the fight !
     
  13. HABU

    HABU Member

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    I guess so! Otherwise more than 40,643 Californians would have permits.
     
  14. Jim March

    Jim March Member

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    Beginning my hind end!

    You know how LONG I've been at this (bleep)?

    :)

    Lesse...nine personal applications for CCW (all failed), two lawsuits, tons of research, TONS MORE RESEARCH...:)

    Gawd.

    "Beginning" he says.

    :rolleyes:

    :neener:
     
  15. stv

    stv Member

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    OK, so it's the beginning for me :D :neener:
     
  16. clubsoda22

    clubsoda22 member

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    Jim, you're definately fighting this the right way. It's hard for an anti-gun group to come out against you because it would make them look racist, sexist and classist. The best way to fight this is not fighting it on a RKBA platform, but a discrimination platform. I'm glad to see that's how you're doing it, because an RKBA platform is automatially doomed to fail in california.

    The best part is, if an anti gun group does bite, you can seriously discredit them by saying "this isn't about guns, this is about civil rights! The rights of free americans--whether they are male or female, rich or poor, black, white, hispanic, or otherwise--not to be discriminated against by the state." Basically, you just call them a bunch of racists, sexists and classists without using charged language.

    Now they're stuck, the only thing they can do is say, "statistics show that minorities and the poor commit more crimes." Ask a black guy what that quote sounds to him. He'll straight up tell you they're saying that poor blacks have nothing better to do than shoot each other is given guns, that they're iresponsible and cant be trusted not to commit crimes. He'll say that you're telling him blacks are natural criminals.

    Now they're still stuck and the only thing they can do is say, "women will just get the guns taken and used agaist them." Ask a feminist what that sounds like and she'll tell you that is says women can't stick up for themselves, they're week and must rely on men for protection. A statement that even non feminist females will cringe at.
     
  17. Kharn

    Kharn Member

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    Happy hunting. :D

    Kharn
     
  18. 45R

    45R Member

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    Congrats on the front page article on the Sacramento Bee. Happy New Year Jim. May your efforts pave the way for CCW reform in Sacramento and CA.

    45R
     
    Last edited: Jan 2, 2004
  19. NorthernExtreme

    NorthernExtreme Member

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    Thank You Jim!
     
  20. Quartus

    Quartus Member

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    Jim March wrote:


    Years, folks. On a shoestring. Unemployed at least part of the time.


    Jim deserves our support.
     
  21. Leatherneck

    Leatherneck Member

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    Good luck today, Jim: how's the $$ situation?

    TC
    TFL Survivor
     
  22. KLDimond

    KLDimond Member

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    Gotta Hand it to Jim...

    Jim, you just keep it up. You are what we need here in PRK. I'll be looking/watching to see what I can do to help... and please make sure you let us know!

    I've been seeing your work for some time, but been chasing activism in different ways. Time to bring it home. Eager to get stomping!

    BTW, thanks for the link here that you left on Packing.org.
     
  23. N3rday

    N3rday Member

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    Nice work, Jim!!

    Well, what is the Department of Injustice hiding?
     
  24. QuickDraw

    QuickDraw Member

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    Good job!
    Keep up the good work!
    Let us know if we can help $.

    QuickDraw
     
  25. R-Tex12

    R-Tex12 Member

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    QuickDraw wrote:

    Ditto!

    Rick
     
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