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.
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.