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Thread: HOT OF THE PRESS San Diego Sheriff's motion to dismiss denied

  1. #1
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    The Sheriff's motion to dismiss my Federal Lawsuit over my CCW application has been "DENIED IN ITS ENTIRETY".

    You can read the facts and see the documents at:

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

    The eighteen page decsion of the judge will be posted soon.

    Case Name: Peruta v. County of San Diego et al
    Case Number: 3:09-cv-02371-IEG-BLM
    Filer:
    Document Number: 7
    Docket Text:
    ORDER denying Defendant William D. Gore's [3] Motion to Dismiss. Because Pla's
    Complaint alleges sufficient facts to state claims for relief that are plausible on
    their face, Dft's Motion to Dismiss is denied in its entirety. Signed by Judge Irma
    E. Gonzalez on 1/14/2010. (jah)


  2. #2
    Regular Member mjones's Avatar
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    Nice work Ed!

  3. #3
    Regular Member Gundude's Avatar
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    Do you suppose there will be a change in the issue process forCCW permits in SD county.

    Get your ITB holsters now. There may be a shortage soon.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

  4. #4
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    Way to go Ed. When do you go to court? Hurry up before I get a job because I really want to be there and Laugh the whole way out of the court room on the way to apply for my CCW.
    New to OPEN CARRY in California? Click and read this first...
    Stolen from ConditionThree because it can't be stressed enough.

  5. #5
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    Here is the PDF copy of the Judge's decsion.

  6. #6
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    Wow, that PDF is really great. I cant wait to see what happens next.

    I was especially interested in the scrutiny levels that were applied, makes me think some things are really going to have to change after McDonald.

  7. #7
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    Edward Peruta

    Continue forth, stir your strategy, and bring into the light that which is right and true. You are a powerful man for you have knowledge, good, and courage. They are held with in your hands, they are the ground on which you step, they are the support on your shoulders, the watchful eyes behind your back, and the guard of your forward.

    Thank you for your work.

  8. #8
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    ED, I imagine that they will issue you a CCW to forgo further waste of taxpayers money and embarrassment. It is not like your some prohibited person. They will end up paying both party's legal bills if this goes to trial, and the case would forever change California police agencies ability to randomly deny law obeying citizens CCWS, as they do now. Issuing you a CCW,and making this case go away, will still maintain somewhat there ability to do business-as-usual. The judge has made it clear, SD County is in a poor legal position, and they are going to get "hammered". Congratulations to you and your attorney!! Even a Federal motion to dismiss by a Senior Federal Judge helps everyone simillary situated out.

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    It's getting late in the day and I'm gonna be shutting down so let me leave you with this thought.

    I would never have brought this suit had they San Diego Sheriff's Department recognized my resident status. This whole situation started because public employees DO NOT KNOW HOW TO READ OR APPLY THE LAW.

    It was the arrogance of several public employees that caused this suit, and I have no intention of walking away with a CCW and leave the incompetent public employees in place so they canharass and belittle others without consequence. Nobody should be treated the way I was by the staff of the San Diego Sheriff's Department.


    Iwanted and want a CCW to protect myself and my family from thugs on the street and ended up having to file a law suit to fight the thugs in the San Diego Sheriff's Department.

    Iintend to immediately register to vote in San Diego County and will seek out the best qualified honest concerned candidate for the upcomming election for Sheriff.

    I will then make it a point to lend my support and cast my ballot.



  10. #10
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    Ed, I'm always eager to hear updates regarding your case. Sounds like the the judge (Irma Gonzalez) is in no mood to deal with the nonsense that sheriff is trying to pull.It's niceto see some good sense on the bench, it seems so rare these days...

    oc4ever wrote:
    ED, I imagine that they will issue you a CCW to forgo further waste of taxpayers money and embarrassment.
    Since when was California concerned about wasting taxpayer money? Seriously.

  11. #11
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    Edward Peruta wrote:
    It was the arrogance of several public employees that caused this suit, and I have no intention of walking away with a CCW and leave the incompetent public employees in place so they canharass and belittle others without consequence. Nobody should be treated the way I was by the staff of the San Diego Sheriff's Department.
    Might want to check with your lawyer. I seem to remember asking on CGN about DC mooting Heller: Part Deux, and being told that plaintiff attorneys fees up to that point can be ordered repaid.

  12. #12
    Regular Member coolusername2007's Avatar
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    Congrats on winning round one, Ed! There are several great zingers in that denial. I sure would've liked to see their faces when they read it. Talk about a Kodak moment.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

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