• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Facts and Evidence regarding a CCW denial in San Diego

Statkowski

Regular Member
Joined
Sep 27, 2006
Messages
1,141
Location
Cherry Tree (Indiana County), Pennsylvania, USA
imported post

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.
 

NightOwl

Regular Member
Joined
Jul 26, 2008
Messages
559
Location
, California, USA
imported post

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.
 

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
imported post

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.
 

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
imported post

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.
 

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
imported post

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.
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
imported post

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

chewy352

Regular Member
Joined
Sep 11, 2009
Messages
769
Location
Harrah, Oklahoma
imported post

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. :(:(
 

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
imported post

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.
 

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
imported post

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/12.14.09.SDSO.response.to.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.
 
Top