I had no problem.
Posted on 06/15/2008 3:14:08 PM PDT by neverdem
A Torrance man has filed a federal civil rights lawsuit against the city for its long-standing policy of not issuing concealed weapons permits.
Also named in the suit were Torrance Police Chief John Neu and all seven members of the City Council.
The chief, mayor and city attorney all declined to comment on the lawsuit they were served with Tuesday.
David W. Spears, 43, alleges the policy is in "willful disregard of the law" and seeks to overturn it.
Spears, a revenue investigator for the city of Lynwood who lives in Torrance, sought the permit for his .45 caliber subcompact Glock pistol.
Spears said in his lawsuit he is often "accosted, confronted and threatened by hostile individuals and would-be criminals demanding money" in the course of his duties, as well as when he is off-duty in Torrance.
He stated he needs the gun to protect himself, and contends he meets all the requirements for a concealed weapons permit.
That includes demonstrating he has "good cause" for the permit, has no criminal record and is not a "prohibited person" under federal or state law.
In an interview, Spears said he also holds a concealed weapons permit from the state of Utah that is valid in about a dozen states, but not California.
Nevertheless, Spears contends that when he applied for a permit in Torrance, he was issued an application form, but at the same time received a letter from the Police Department stating that "we do not have records on the issuance of any such permits, since it has been the long-standing practice of our chiefs of police not to issue such permits to citizens."
"Defendants' formal policy is logically and clearly intended to put a 'false face' on defendants' public persona, making it appear that defendants comply with the requirements and rules of the Department of Justice and with (the) Penal Code - when they actually do not," Spears' lawsuit alleges.
"Instead, defendants willfully disregarded and ignored their own written policies and procedures, willfully disregarded and ignored the law, and willfully violated plaintiffs' constitutional rights in order to deprive him of a means of self defense."
One of several supporting documents to the lawsuit includes a letter from the state Department of Justice that states the Police Department is required to notify the agency of any license denials and retain records of those denials.
Terry A. Nelson, Spears' attorney, said in an interview that the Police Department doesn't follow those requirements either.
"It would be funny if it weren't so serious, but Torrance totally acts in the concealed carry weapon permit arena in violation of federal law," Nelson said. "I speculate that the reason they don't is if they kept the records they'd show numerous applicants being told, 'don't bother'" to apply.
This isn't the first time Torrance's policy of not granting concealed weapons permits has come into public view.
A Daily Breeze survey in 1994 found that virtually no local police chiefs, who have the discretion under state law to issue concealed weapons permits, did so.
"I didn't want to be responsible for someone out there carrying a gun," former Torrance Police Chief Don Nash is quoted as saying in the article. He granted only one permit during 22 years as chief - to a South Bay prosecutor who had been threatened.
"The premise is that you assume some kind of responsibility," Nash added. "I didn't want it on my conscience if someone out there shot somebody."
A major exception in the early 1990s was the liberal policy of Ted Cooke, then police chief of Culver City, who had issued 25 percent of the 508 permits issued countywide in 1993.
Nelson, a member of the National Rifle Association, cited two court cases in his suit to support his client's position.
In one 1976 state case, a judge held that a policy of "uniformly denying all applicants" constituted an abuse of discretion.
Another 1984 ruling by the Ninth Circuit Court of Appeals in San Francisco held that a policy of uniformly denying all applicants was a violation of equal protection and due process.
"To us it is a pretty open-and-shut case," Nelson said. "They have literally sent (my client) a letter admitting they are violating the law and violating his constitutional rights."
nick.green@dailybreeze.com
Hell yeah. About time!!
There’s a pattern of racism and cronyism in discreet-carry license issuance in California, and it’s high time someone took ‘em to the mat over it.
He will have a better case after Heller.
At least, I hope so.
This guy might well end up getting all these folks dropped into a federal prison before it's over.
No doubt he's reviewed the various "corrupt practices" acts in place at the federal level. Might even have a deal going with the FBI or something.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
How is it that state and local governments are allowed to regulate something that is a right under the US constitution. I don’t ask this rhetorically. I mean would it be legal for towns to start issuing (or not) licenses for newspapers? How about churches, are they subject to local approval?
While I am seldom pleased with living in Vermont. I am glad that we have sane gun restrictions, i.e. no gun restriction.
"The premise is that you assume some kind of responsibility," Nash added. "I didn't want it on my conscience if someone out there shot somebody."
So this Police Chief would rather assume the responsibility of an innocent person being killed because that person could not defend themselves.
I also find it rather odd that in 22 years only one person sought a CCW because they were threatened. More likely that only a prosecutor’s life is worth defending.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
Good news BTTT !!!!!
The problem with Joe Six Pack is that he doesn't have $10,000 to donate to the appropriate politico/bureaucrat for his reelection campaign. The California CCW process in at least the major population centers is at least racist in the minimum and Constitutionally invalid in most cases.
Guy is definitely mentally deranged.
That's likely the problem throughout the state.
The pols have usurped our rights in the name of fighting crime, and the sheeple let them get away with it.
I agree in the sense that as Rush says Liberalism is a mental disorder.
Liberals think that a police department with an average response time of 7 minutes can prevent a criminal 7 feet away from killing you.
Liberals think that if the average law abiding citizen can be prevented from owning and carrying firearms that the criminal with 15 prior convictions for violent assault will also be prevented from carrying concealed weapons.
Only to the mentally ill can such thinking seem sensible.
I had no problem.
The fact the Sean Penn has a permit is a good illustration of how corrupt the California system is. The guy is known for being a hot head and has been arrested multiple times for assaulting people. But by virtue of being a celeb., Penn gets a permit with no problem. What happened to the Chief LEOs “discretion” in this instance?
You are only particially correct. In the North-east counties it is easy to get a permit, these counties are red. I have had one for years and know many others who have them. However, in most of the counties(oh,yes, Orange county also gives permits)it is almost impossible to get one.
IN THIS CASE, MY FAVORITE SONG - BANG!!!, LA LA LA.
INDIANS AND WARPATHS NOT A PRETTY COMBINATION FOR THE ONES WHO SEND THEM THERE! IMO, YOU COULD NOT HAVE PICKED A BETTER CITY AND I WANT TO WATCH, I WILL BUY TICKETS IF NEED BE!
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