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Thread: Facts and Evidence regarding a CCW denial in San Diego

  1. #1
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    Here is the link where you will find the CCW appliation and denial information:

    http://ctgunrights.com/00.Webpages/C...to.Dismiss.htm

    And there is much more available on this issue.



  2. #2
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    So...that's it? Is it done, or is there any further appeal process?

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    No, it's not done. Mr. Peruta filed a lawsuit, claiming there were sufficient grounds for such, and San Diego filed a motion to dismiss, claiming there's no grounds for such.

    It's not over until the judge rules. And even then it can be appealed.

  4. #4
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    According to the link, he appealed, and the appeal was denied. Which is why I was asking if there is any further appeal process beyond the already denied appeal.

  5. #5
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    An application was made for a CCW in San Diego

    San Diego Sheriff's Department denied my CCW application.

    I had an administrative hearing on the denial and the denial was upheld (what else)

    I then filed a Federal Lawsuit on October 23, 2009 on the denial of the CCW issue.

    The San Diego Sheriff's Department has filed a motion to dismiss my Federal Law Suit.

    There is a hearing scheduled on the motion to dismiss my suit on December 21, 2009.

    IT'S NOT OVER, IT'S JUST BEGINNING.

    I've posted the facts at this link

    http://ctgunrights.com/00.Webpages/CA.motion.to.Dismiss.htm

    LISTEN TO THE AUDIO AND READ THE DOCUMENTS AND JUDGE FOR YOURSELF.

  6. #6
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    Is the hearing open to the public? If so can you post the time and location?
    New to OPEN CARRY in California? Click and read this first...
    Stolen from ConditionThree because it can't be stressed enough.

  7. #7
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    Yes any hearing will be open to the public, and I do not know the time yet.

    I will post information as it is received.

    Thanks for your interest.

  8. #8
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    Awesome. I look forward to being there to support you.
    New to OPEN CARRY in California? Click and read this first...
    Stolen from ConditionThree because it can't be stressed enough.

  9. #9
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    UPDATE ON FEDERAL SUIT AGAINST SAN DIEGO SHERIFF'S DEPARTMENT.

    As previously stated, The San Diego Sheriff's Department filed a motion to dismiss my case that will be argued at a hearing in San Diego Federal Court on December 21, 2009 at 10:30am.

    TodayI received and had a chance to reviewthe response to their motion to dismiss.

    I will be posting a link to it as soon as the review and final editing is completed.

    Second Amendment issues, Residency, Good Cause, EqualProtection and the Right to travel are all addressed verywellin what I have read so far.





  10. #10
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    Good luck Ed! Give them hell! Hopefully some of the SD contingent can attend and give dirty looks at the Sheriffs.

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    I'll be there Ed. I sure hope sheriff gore is there to get my dirty looks. It will take every bone in my body to keep from yelling at him but I'll behave myself.
    New to OPEN CARRY in California? Click and read this first...
    Stolen from ConditionThree because it can't be stressed enough.

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    Chewey and Bigtoe,

    Send me an email and I will share the draft to give you an idea of what to expect. The arguments made in the response to the motion to dismiss have opened my eyes even wider to the issues.

    edperuta@amcable.tv

    I may be a few days before the final response is ready.

  13. #13
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    Here is the opposition to the San Diego Sheriff's Department Motion to Dismiss my suit.

    Link to the PDF document:

    http://ctgunrights.com/00.ca.docs/12...a.P&As.pdf

  14. #14
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    UPDATE:

    In the San Diego County Sheriff’s Department has fileda set of Points and Authorities, where they state facts and cite cases that go to the heart of the issues.

    Link to the recently filed Points and Authorities filed By San Diego County Sheriff’s Department.

    http://ctgunrights.com/00.ca.docs/12....oppositon.pdf

    The court noted that in Los Angeles County, with a population of over 7 million, the sheriff had issued only 35[/b] licenses, while in Orange County, the sheriff had issued over 400[/b].

    Exactly on point, one Sheriff issued 400 STATE CCW PERMITS[/b] while Los Angeles issued only 35.

    Until ALL Sheriff’s in California are mandated to use a similar, (if not exact), set of guidelines to determine “GOOD CAUSE”, then individuals who possess good cause in one county will be denied for failing to have good cause in another.

    He fails to allege intentional discrimination by the Defendant and appears to claim that the sheriff has his own narrow interpretation[/b] of the residency requirement. As long as that interpretation is consistent[/b], the sheriff is not treating persons differently.

    Every Sheriff in California to ensure equal access to a CCW, must possess, interpret and apply a similar set of standards when determining the required good cause in part because the California Concealed Weapons Permit is a STATEWIDE PERMIT TO CARRY LOADED AND CONCEALED, and NOT a local county permit.


    Most of the facts and circumstances of this issue can be found in the link included in this posting.

    A hearing is scheduled in Federal District Court in San Diego on Monday December 21, 2009 at 10:30am.

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