Just my 2 cents from the peanut gallery:
If this crap does, indeed, pass....
...it could very well be an excellent precursor to "shall issue".
My reasoning?
O.K. I'm just "supposin'", so don't take anything I say as intentionally offensive...just thinkin' out loud, here.
California is chock full of folks who love to "play the victim", right? (Especially if it means financial gain, right?) I mean, the idea I get from the stereotypical "big government" California liberal (not any firearm owners who happen to be liberal) is that they generally believe Uncle Sam exists for the sole purpose of taking care of them.
How easy would it be to transfer blame onto the government for any and all crimes that are committed? Subsequently, the "victim" mentality could be utilized in conjunction with this blame to make the governement pay for victim restitution.
All I'm saying is: Out of all places where folks are actively looking for a lawsuit....
...how hard can it be to convince folks that a "CCW PERMIT DENIAL LETTER" can effectively be used to SUE THE CITY, SHERIFF, POLICE DEPT. etc. after being victimized by a criminal?
After all, wouldn't it make sense that, since the 2A has been incorporated, it can be argued that any person is afforded the means with which to protect themselves by the state? If the OC ban is made law, and the CLEO issues a denial for a CCW....the state has basically left the individual defenseless, correct? It's already accepted that the state has no duty to protect, they've now removed all options for the individual to provide their own, as well.
If only Californians could convince enough people that a denial letter from their CLEO is a guaranteed pay out by the government for any victimization....
HYPOTHETICAL:
1) Imagine if Mrs. Schmo files a restraining order against her abusive estranged husband who has threatened numerous times to kill her.
2) Mrs. Schmo applies for a CCW, and gets the almost inevitable "DENIED".
3) Mrs. Schmo's ex beats the tar out of her within an inch of her life.
The state cannot argue that she had the means to defend herself via OC...THEY'VE REMOVED THAT OPTION.
They also can't argue the CCW option. The CLEO has removed it.
Wouldn't (in accordance with the recent 2A SCOTUS decisions) this make excellent grounds for the state being liable?
Imagine this X 1000! Times 10,000!
If only enough Californians can be convinced a denial letter equates to a denial of rights that might possibly lead to a good chance of GETTING MONEY. What would be the result?
Even if the argument fails...the resultant MASS APPLICATION FOR CCW'S would be a good thing, right?
I mean, sure. The majority of folk's desire is for the carry of the firearm that the CCW permit entails.
What, (other than slightly questionable tactics), would be wrong with letting thousands upon thousands of people seek the denial letter with a ferocious passion, with full intent to SUE THE HELL OUT OF THE PERSON ISSUING IT WHEN (not "IF") ENCOUTERED WITH SO MUCH AS A SHOPPING CART BUMPING THEM?
Couldn't this, indeed, lead to a mild incentive for sheriffs NOT to issue denials?
Even if the entire lawsuit is full of holes.....there'd be thousands of them. Constantly. Imagine the rsourses it would take to address a few, not to mention an endless supply of them.
Wouldn't there be a possibility of "shall issue" being looked at with a smidge more favorability when faced with this? I am simply looking at it from a CLEO's point of view. I'm imagining sitting at my desk typing up my 14th "denial" form letter of the day. As a matter of fact, I've sent out about 40 of them this week. I'm not looking forward to the next several hundred I have to mail. I mean, before, I was simply popping these things out without a thought because it simply meant that I was keeping some schmuck from packing a loaded gun in my jurisdiction. But, now. I'm starting to guess that all these denial letters might be for a reason. If I started to think that the folks receiving them might actually want to USE them for something......like a lawsuit.....
....I'm starting to get a little queasy knowing that I've popped out about a thousand of these suckers to God knows who over the past several months.