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Thread: Public Records Request to San Diego Sheriff

  1. #1
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    To all readers of this post:
    As an active card carrying member of the media, I have some experience with making Freedom of Information requests of this type.


    I could care less about the personal identity of the applicants, but believe the information may reveal more about the process of successfully obtaining or being rejected for a concealed carry permit in San Diego County.


    I am attempting to examine and compare the various good cause statements submitted bythose that have been approved and those that have been rejected.


    Due to the ackowledged privacy of individuals who have been issues permits, I am NOT requesting access to any personal information that may identify a valid permit holder.
    I am requesting, and expecting to receive access to ALL information on statements of good cause where applicationsfor a permit have been rejected and not issued. I believe that good cause statements made wherethe application was rejected, enjoy NO exemption orprivacy afforded by law or regulation.

    Anyone willing to provide copies of good cause statements made during a successful or unsuccessfulapplications forconcealed carry permits in San Diego is requested email me at edperuta@amcable.tv .

    Edward Peruta

    American News and Information Services




    Here is the request I made on March 23, 2009


    FORMAL REQUEST FOR ACCESS TO PUBLIC RECORDS AND INFORMATION[/b]



    Monday, March 23, 2009

    San Diego County Sheriff’s Department
    9621 Ridgehaven Court
    San Diego, CA 92123


    Attention:

    Sheriff William Kolender, William Gore, Al Guerin Robert Ahern, James Cooke, Kim Quaco, John Gains, Jan Caldwell, Andy Chmielinski, Lori Bird, John Ingrassia, Michael McNally, Rich Miller, Anthony Nares, Ed Prendergast, Glenn Revell, Alan Skoglund, Agoston Haraszthy, Robert Faigin, John Madigan, Sanford Toyen, Maria Marshall, Brian Sampson, Mary Walsh, Weapons Unit Commander, License and Permits Unit.

    To Whom It May Concern:

    The undersigned Edward A. Peruta requests access to certain public records to clarify my understanding of the current policies and practices of the San Diego County Sheriff’s Department in preparation for an appeal before Assistant Sheriff Cooke.

    The undersigned requests access to and possible copies of:
    [/b]
    [/b]All written documents whether hard copy or electronic email which contain or reference the CCW applicant Edward A. Peruta since November 1, 2008.

    All emails between the license and permits unit including but not limited to Ms. Donna Burns and Steve Winchell of the San Diego Sheriff’s Department Weapons Training Unit.

    All written department directives and/or guidelines, regarding the process to obtain and/or issue Concealed Carry, (CCW), permits to individuals making CCW applications in San Diego County, CA.

    The Penal Code book, (that is tabbed, highlighted, referenced and used by Ms. Donna Burns), in the Permits and License section of the San Diego Sheriff’s Department.

    All CCW applications which resulted in rejection of a CCW permit application, together with the rejection letters sent to individuals who were denied CCW permits by your department since January 1, 2008.

    All statements of good cause, (as required in Section 7 on page 13 of the standard CCW application), redacted as to name, address or personally identifiable information, submitted or created as part of ALL CCW applications that have been approved or denied since January 1, 2008.

    Respectfully requested,

    Edward A. Peruta (edperuta@amcable.tv)
    Address redacted
    San Diego, CA 92XXX

    Cc: Attorney Paul Neuharth



  2. #2
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    Please don't take this as an insult because it is only meant to be constructive criticism. Before you sent that letter to SDSO, you should have had it proof read by one of your editors. You must have editor friends if you work for the media. SDSO may take this more seriously without the many grammatical errors. Also, the underlined/capitalized words add a tone to the letter that reflects a non-professional attitude.



    One last thing; you asked for:

    "The Penal Code book, (that is tabbed, highlighted, referenced and used by Ms. Donna Burns), in the Permits and License section of the San Diego Sheriff’s Department."

    Are you asking for a specific penal code used by Ms. Burns? If so, you will definitely not be granted this request. If you wanted it because you wanted to see what types of notes are written in it pertaining to CCWs, you may want to talk to a lawyer who might be able to legally request this information.





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    To cacop:

    Thank you for your comments, I'm not the best speller and tend to highlight the areas I feel are important.

    I've been making verbal and written requests for public records since January of 1976.

    Won some cases and lost some case,but know what I'm looking for.

    I don't believe that there is any exemptionfor the specificPenal Codebook I'm looking for, and if denied, there is a legal process in California to have thecourts make the final decision on the topic.

    I highlighted areas of my posted requestfor posting purposes only, and know exactly what Penal Code book I'm seeking because it was shown to me by Ms. Burns.

    The section on only being permitted to collect 20% with the initial application and the remainder of the fee only upon issuance was highlighted in yellow and underlined in the copy she allowed me to view while in the license section ofthe Sheriff's office.

    When asked why they collect 100% of the fee, she said "That's what we do".

    I responded by explalining that her obligation was to the law, not to her supervisors or department policies if they arePROHIBITED by law.

    I am well aware of the fact that everyting I've currently asked for may be obtained during the discovery phase of any litigation, it's the most interesting part of any civil action.

    I am my own editor andown the business.

    While I'm talking to an ex member of law enforcement, consider this:

    Where does the San Diego Police Department get the authority to pick and choose who is entitiled to getpress/mediacredentials?

    Since when has the press had to seek the approval and credentials of the King?

    The son's of liberty in the late 1700s printed their paper on a single page press in some unknown basement in Boston where the King's authorities couldn't find it.

    I am shocked but not suprised that the citizens of San Diego allow their local authorities the power and authority to determine who is, and who is not, the Press/Media.

    This entire forum is about rights, and the 2nd Amendment is not the only provision of our Constitution being violated.

    At some time in the future, I will find the time to addresss the rules they have established which restrict the freedom of the Press.

    This and other outllets for reporting what is happening in San Diego is nothing more than an internet version of the single page presses that were providing information to the citizens when King George made the rules!!

    But that's another issue for another day, I'm concentrating on these isuesone at a time!!

    If you go to the Connecticut Freedom of Information website and search the archives of cases, using my first and last name, you'll see that I've been doing this for a long time.

    As long as they understand what I'm asking for, I feel safe with how I write my requests errors and all.

    The Sheriff's attorney has already contacted my attorney and they have had a discussion.

    One time I wrote a letter and wanted to say "At your next public meeting" and typed "At your next pubic meeting", and the spell check let it go through.

    My handwriting is lousy and I'm glad I took typing in High School or nobody would know what I was asking!!



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    Well, good luck with your case. I hope that you end up getting your CCW.

    By the way; you said that I am an ex-cop.I'm not retired yet. I maypush adesk more than a cruisernow, but I'm still a cop

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    Keep fighting the good fight, Mr. Peruta, it's always great to read your posts. Good luck.

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    Thank you for your support and kind comments, I spend most of my day on firearms issues, I am a partime legal investigator by choice, and have had reason to become familiar with 2nd Amendment issues in many states as part of my research.

    My first experience with open carry was in the U.S.M.C. in Twenty-nine Palms in 1969 where everyone in the bar checked their weapons at the door.

    Had the local Sheriff's department issued the permit to carry concealed, I would not be involved.

    For those who have fought for it, freedom has a flavor the protected shall never taste!

    I can remember when my mother told me that you couldn't drive in your bare feet, and it was the first question I asked when I attended the traffic law class while attending the Connecticut Police Academy in 1970!

    You must have some idea on what the answer was! An old wives tale to say the least.

    Without proper and continuing education, police policies and procedures without research sometimes find their way into becoming law in the minds of police officers.

    For the record, I come from a very well know police family in Connecticut, and enjoy a very close relationship with many ranking members of law enforcement.

    I’m rather shocked at the obstacles I have faced here in California trying to talk to or communicate directlywith mid to high ranking members of law enforcement.

    I have NEVER experienced such a defensive blue wall as I have with the higher ranking police personnel here in San Diego, California.

    When I was a police officer, I pulled over a car, ran the registration, found the car unregistered, placed the operator under arrest and called for a tow truck to take the car to impound, and then proceeded to place both the operator and his passenger in the back of my cruiser. A detective showed up and decided to take them both out and size them up to see if they fit a description of a wanted person, I had never been told by dispatch what the person was wanted for!!

    The passenger bolted and I had a bead between his shoulder blades but didn't shoot because I was unsure exactly what he was wanted for.

    As a probationary patrolman, I was written up for allowing a prisoner escape, even though he was NOT the one under arrest or armed, he was only a passenger in the unregistered vehicle and was searched prior to being placed in my vehicle.

    At the time, 1971, Connecticut General Statutes and other jurisdictions around the country allowed police officers to shoot fleeing felons!!

    The Sgt. and Chief chastised me for allowing him to "escape", and told me I should have shot him as a fleeing felon.

    I would NEVER[/b] shoot anyone in the back, and the Supreme Court long after my reprimand and suspension rendered an opinion confirming my decision, but it was to late to save my job!!

    Regardless of who it may be, I am not the kind to intentionally shoot someone in the back, (with extremely limited hostage or swat type exceptions), regardless of the circumstances.



    Now for a trivia note,

    My Company Commander went on to found Fed Ex and several very close friends and relatives are past and present high ranking members of Law Enforcement.



    Google this:

    “marines marksmanship impresses enemy Peruta”



    There is more to the story but I'll leave that for another day!!!





  7. #7
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Good to see an example of what a request for public information can look like. Somehow I'm sure I'll be referencing this page in the future.

  8. #8
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    Thank you for your support and kind comments, I spend most of my day researching firearms issues, for several attorneys, asa partime legal investigator. I have always enjoyed the law, and by choice Ihave had reason to become familiar with 2nd Amendment issues in many states as part of my research.

    I believe that many senior members of law enforcement REGARDLESS OF JURISTICTION, believe that the citizens they swore to protect and serve are stupid untrained civilians thatdon't know the law.

    THEY ARE WRONG IN THIS BELIEF AND SOMETIMES NEED TO HAVE INDIVIDUALS OR THE COURTS FORCE THEM TO CHECK THE BEARING ON THEIR PUBLIC SERVICE COMPASS.

    My first experience with open carry was in the U.S.M.C. in Twenty-nine Palms in 1969 where everyone in the bar checked their weapons at the door.

    Had the local Sheriff's department issued the permit to carry concealed, I would not be involved.

    For those who have fought for it, freedom has a flavor the protected shall never taste!

    I can remember when my mother told me that you couldn't drive in your bare feet, and it was the first question I asked when I attended the traffic law class while attending the Connecticut Police Academy in 1970!

    You must have some idea on what the answer was! An old wives tale to say the least.

    Without proper and continuing education, police policies and procedures without research sometimes find their way into becoming law in the minds of police officers.

    For the record, I come from a very well know police family in Connecticut, and enjoy a very close relationship with many ranking members of law enforcement.

    I’m rather shocked at the obstacles I have faced here in California trying to talk to communicating with mid to high ranking members of law enforcement.

    I have NEVER experienced such a defensive blue wall as I have with the higher ranking police personnel here in California.

    When I was a police officer, I pulled over a car, ran the registration, found the car unregistered, placed the operator under arrest and called for a tow truck to take the car to impound, and then proceeded to place both the operator and his passenger in the back of my cruiser. A detective showed up and decided to take them both out and size them up to see if they fit a description of a wanted person, I had never been told by dispatch what the person was wanted for!!

    The passenger bolted and I had a bead between his shoulder blades but didn't shoot because I was unsure exactly what he was wanted for.

    As a probationary patrolman, I was written up for allowing a prisoner escape, even though he was NOT the one under arrest or armed, he was only a passenger in the unregistered vehicle and was searched prior to being placed in my vehicle.

    At the time, 1971, Connecticut General Statutes and other jurisdictions around the country allowed police officers to shoot fleeing felons!!

    The Sgt. and Chief chastised me for allowing him to "escape", and told me I should have shot him as a fleeing felon.

    I would NEVER[/b] shoot anyone in the back, and the Supreme Court long after my reprimand and suspension rendered an opinion confirming my decision, but it was to late to save my job!!

    Regardless of who it may be, I am not the kind to intentionally shoot someone in the back, (with extremely limited hostage or swat type exceptions), regardless of the circumstances.

    Google this:

    “marines marksmanship impresses enemy Peruta”



  9. #9
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    Edward Peruta wrote:
    Thank you for your support and kind comments, I spend most of my day researching firearms issues, for several attorneys, asa partime legal investigator. I have always enjoyed the law, and by choice Ihave had reason to become familiar with 2nd Amendment issues in many states as part of my research.

    I believe that many senior members of law enforcement REGARDLESS OF JURISTICTION, believe that the citizens they swore to protect and serve are stupid untrained civilians thatdon't know the law.

    THEY ARE WRONG IN THIS BELIEF AND SOMETIMES NEED TO HAVE INDIVIDUALS OR THE COURTS FORCE THEM TO CHECK THE BEARING ON THEIR PUBLIC SERVICE COMPASS.

    My first experience with open carry was in the U.S.M.C. in Twenty-nine Palms in 1969 where everyone in the bar checked their weapons at the door.

    Had the local Sheriff's department issued the permit to carry concealed, I would not be involved.

    For those who have fought for it, freedom has a flavor the protected shall never taste!

    I can remember when my mother told me that you couldn't drive in your bare feet, and it was the first question I asked when I attended the traffic law class while attending the Connecticut Police Academy in 1970!

    You must have some idea on what the answer was! An old wives tale to say the least.

    Without proper and continuing education, police policies and procedures without research sometimes find their way into becoming law in the minds of police officers.

    For the record, I come from a very well know police family in Connecticut, and enjoy a very close relationship with many ranking members of law enforcement.

    I’m rather shocked at the obstacles I have faced here in California trying to talk to communicating with mid to high ranking members of law enforcement.

    I have NEVER experienced such a defensive blue wall as I have with the higher ranking police personnel here in California.

    When I was a police officer, I pulled over a car, ran the registration, found the car unregistered, placed the operator under arrest and called for a tow truck to take the car to impound, and then proceeded to place both the operator and his passenger in the back of my cruiser. A detective showed up and decided to take them both out and size them up to see if they fit a description of a wanted person, I had never been told by dispatch what the person was wanted for!!

    The passenger bolted and I had a bead between his shoulder blades but didn't shoot because I was unsure exactly what he was wanted for.

    As a probationary patrolman, I was written up for allowing a prisoner escape, even though he was NOT the one under arrest or armed, he was only a passenger in the unregistered vehicle and was searched prior to being placed in my vehicle.

    At the time, 1971, Connecticut General Statutes and other jurisdictions around the country allowed police officers to shoot fleeing felons!!

    The Sgt. and Chief chastised me for allowing him to "escape", and told me I should have shot him as a fleeing felon.

    I would NEVER[/b] shoot anyone in the back, and the Supreme Court long after my reprimand and suspension rendered an opinion confirming my decision, but it was to late to save my job!!

    Regardless of who it may be, I am not the kind to intentionally shoot someone in the back, (with extremely limited hostage or swat type exceptions), regardless of the circumstances.

    Google this:

    “marines marksmanship impresses enemy Peruta”


  10. #10
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    bigtoe416 wrote:
    Good to see an example of what a request for public information can look like. Somehow I'm sure I'll be referencing this page in the future.
    Go to the Connecticut Freedom of Informaiton Website, this link may take you there:

    http://www.state.ct.us/foi/Search.htm

    In the search box type "Peruta"

    In Connecticut the laws are different then in California.

    You can search the Freedom of Information by topic or word.

    Now I know the locals here in San Diego probably monitor this website so they will have an oppurtunity to do the same search!!

    I'm sure they have already done a google.com or ask.com search already!!

    I'm interested in listening to the 911 calls made on February 28th by individuals during the open carry meet-up at Pacific Beach.

    But that's gonna be left to someone else!!

  11. #11
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    Gee, no response yet?

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    AS TO OBTAINING A LIST OF ALL CCW PERMIT HOLDERS, I SIMPLY FILLED OUT A FORM THAT I SENT TO THE STANISLAUS SHERRIFS DEPT. IT EXPLAINED THAT I HAVE THE RIGHT TO KNOW WHO HAS A CCW AND THE REASON THEY WERE GIVEN THE PERMIT. IT ALSO STATES THAT THEY HAVE 10 DAYS TO PRODUCE THIS DOCUMENT. AFTER TWO WEEKS I CALLED AND THEY (THE SHERRIFS DEPT) SAID IT WAS READY AND THAT I HAD TO COME TO THE SHERRIFS OFFICE AND PICK UP THE COPY. I ALSO HAD TO SHOW MY DRIVERS LICENSE TO CONFIRM THAT I HAD REQUESTED THE LIST. I'LL JUST SAY THAT THERE WAS OVER 200 REASON FOR GRANTING A CCW PERMIT. MOST OF THE PERMITS WERE RESTICTED ONE WAY OR ANOTHER. IT WAS PRETTY EASY TO DO.

    KAISERMANMODESTO,CA



  13. #13
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    KAISER-MAN wrote:
    AS TO OBTAINING A LIST OF ALL CCW PERMIT HOLDERS, I SIMPLY FILLED OUT A FORM THAT I SENT TO THE STANISLAUS SHERRIFS DEPT. IT EXPLAINED THAT I HAVE THE RIGHT TO KNOW WHO HAS A CCW AND THE REASON THEY WERE GIVEN THE PERMIT. IT ALSO STATES THAT THEY HAVE 10 DAYS TO PRODUCE THIS DOCUMENT. AFTER TWO WEEKS I CALLED AND THEY (THE SHERRIFS DEPT) SAID IT WAS READY AND THAT I HAD TO COME TO THE SHERRIFS OFFICE AND PICK UP THE COPY. I ALSO HAD TO SHOW MY DRIVERS LICENSE TO CONFIRM THAT I HAD REQUESTED THE LIST. I'LL JUST SAY THAT THERE WAS OVER 200 REASON FOR GRANTING A CCW PERMIT. MOST OF THE PERMITS WERE RESTICTED ONE WAY OR ANOTHER. IT WAS PRETTY EASY TO DO.

    Hey do you have like a template of this letter??? I m wanting to do this to Chico PD seeing how they think they are los angeles


  14. #14
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    I'M TRYING TO FIND THE FORM AS WE SPEAK. YOU WOULD SEND IT TO THE COUNTY SHERRIFS OFFICE, THEY WOULD HAVE ALL THE CCW PERMITS, INCLUDING CHICO PD. WHEN I REQUESTED A COPY, THEY TOLD ME THAT IT WOULD TAKE SERVERAL MONTHS AND I REMINDED THEM THAT THEY HAD 10 DAYS, THAT WAS THE LAW. IT TOOK TWO WEEKS OR 10 WORKING DAYS. SURPRISINGLY THE MOST CCW'S WERE GIVEN TO FARMERS BECAUSE THEY IRRIGATE AT ALL HOURS. GO FIGURE. AS SOON AS I FIND THE FORM I'LL LET YOU KNOW.

    KAISERMAN

  15. #15
    Regular Member stuckinchico's Avatar
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    Thanks that would be much appreciated


  16. #16
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    THIS IS WHAT I CAME UP WITH. GO TO www.vvcsd.org/pdf/cprarequest.pdf THIS SHOULD GET YOU WHAT YOU WANT. YOU CAN ALSO GO TO CALIFORNIA CODES, UNDER GOVERMENT CODE SECTION 6250 (CA PUBLIC RECORDS ACT). THE CADEPT OF JUSTICE, FIREARMS, HAS COMPILED LISTS OF ALL COUNTIES IN CA THAT SHOW HOW MANY CCW'S THERE ARE IN EACH COUNTY. IT IS CRAZY TO SEE COUNTIES LIKE KERN COUNTY WITH 4000+ CCW'S AND SAN FRANCISCO COUNTY WITH 8, AND THAT B____H DIANE FEINSTEIN HAS A CCW. GOOD LUCK

    KAISERMAN

  17. #17
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    PAUL H. NEUHARTH, JR., APC

    ATTORNEY AT LAW

    1140 UNION STREET, SUITE 102

    SAN DIEGO, CALIFORNIA 92101

    (619) 231-0401 Fax(619) 231-8759




    July 16, 2009



    San Diego Sheriff’s Department



    VIA FACSIMILE AND U.S. MAIL

    Attn: Sanford Toyen (858) 974-2262

    P.O. Box 939062

    San Diego, CA 92193-9062

    RE: Edward A. Peruta

    Dear Mr. Toyen,

    We are in receipt of your correspondence dated June 18, 2009. This letter shall confirm that we are requesting that your office provide us with the names of all CCW applicants whose applications were approved and denied in the past year.

    In addition, we are requesting investigator notes where good cause was or not shown by the applicant. Please note that the information requested does not reflect the deliberative process of the Sheriff’s Department according to County of Los Angeles v. Superior Court (Axelrad)[/i] (2000) 82 Cal.App. 4th 819, 835, “the trial court found this privilege inapplicable because the County offered ‘no evidence to support it.’ A review of the record shows that the County submitted declarations from sheriff’s department personnel that indicated that the Task Force Report, Over-detention Reports and Logs were used by sheriffs’ department managers to assist them in making agency-related decisions. We conclude, therefore, that an in camera review of these documents is required in order to determine whether the deliberative process privilege is applicable.”




    Also, on page at 1142 “In Times Mirror Co.[/i], the Supreme Court held that the contents of a document, even though purely factual, may be exempt from disclosure if they are ‘actually...related to the process by which policies are formulated’ or ‘inextricably intertwined’ with policymaking processes” (Times Mirror Co. v. Superior Court[/i], 53 Cal.3d1325), since your policies are already in effect, and have been prior to this last year, the request does not fall within a protected area.




    Please contact my office at your earliest convenience to arrange for the disposition of this request.

    Sincerely,

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