Second Amendment Rights Reaffirmed After Sacramento County Sheriff's Office Changes Carry

prnewswire.com ^ | 25 October, 2010 | SAF

[marktwain]

Case Continues Against Yolo County to Secure Right to Self-Defense

BELLEVUE, Wash. and SAN CARLOS, Calif., Oct. 25 /PRNewswire-USNewswire/ -- The Second Amendment Foundation (SAF) and the Calguns Foundation have dismissed their case against Sacramento County, California and its Sheriff, John McGinness, after the Sheriff modified his handgun carry permitting policy. Law-abiding Sacramento County residents may now successfully apply for permits to carry handguns by asserting self-defense as a basis for carry permit issuance. A one-year residency requirement has been eliminated, as has policy language that tied self-defense to arbitrary geographic factors.

While Sacramento County has changed its policies, other counties still fail to recognize that self-defense is a legally sufficient reason for issuance of a handgun carry permit. The litigation will continue against Yolo County and its Sheriff, Ed Prieto, on behalf of SAF, Calguns, and Davis resident Adam Richards. Additionally, this past March, Calguns supporter Brett Stewart unsuccessfully asserted self-defense as a basis for seeking a carrying license from Sheriff Prieto. The Sheriff's written policy states that "self protection and protection of family (without credible threats of violence)" are insufficient reasons to exercise Second Amendment rights. Mr. Stewart will seek to join the litigation as a plaintiff in this case, now styled Richards v. Prieto.

"We are very happy to have been able to work with Sheriff McGinness to assist Sacramento County in revising their policies and practices," said Gene Hoffman, Chairman of the Calguns Foundation. "Over the past year, more than 30 of our law abiding members and supporters have received licenses to carry firearms with 'good cause' statements that are simple variations of self-defense. Even though the Sheriff is retiring at the end of the year, both candidates to replace Sheriff McGinness have publicly stated their support for Second Amendment rights and that they consider self-defense a compelling reason for issuance of gun carry permit."

"The Second Amendment Foundation will continue working with the Calguns Foundation and keep funding attorney Alan Gura's lawsuits in California until everyone's firearms civil rights are fully protected," added SAF founder Alan Gottlieb. "Together, we will see many more legal victories."

For those who wish to apply for a CCW permit, the Calguns Foundation maintains an informational portal to assist applicants in all 58 California counties as part of its recently announced Carry Licensing Compliance and Sunshine Initiative. The Sacramento County page has details on the actual procedure and successful good cause statements and is available at http://bit.ly/CGFSacCarry

The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, the Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization which serves its members by providing Second Amendment-related education, strategic litigation and the defense of innocent California gun owners from improper or malicious prosecution. The Calguns Foundation works to educate government and protect the rights of individuals to acquire, own, and lawfully use firearms in California.

SOURCE Second Amendment Foundation

[marktwain]

Great ! The Sacramento County Sheriffs department felt the heat and saw the light!

[Old Teufel Hunden]

How much does it costs to get a CCW in Cali? I’ll bet a boatload of cash...

[Lurker]

NRA?

MIA.

[Grampa Dave]

Good news.

I wonder if the Sac Sheriff would allow an out of county person like me to get a permit for self defense while trying to fish along the America River.

That is a big problem here in California without a state law, your home county can give you a permit, but it is probably not valid in the rest of the state.

[basil]

The deal is that we, the law-abiding do not have the same "rights" as the criminals. Criminals don't go through all of these steps to legally carry a gun--they just do it! Because they do, it seems to me that the law-abiding should arm themselves against the criminals, and they should not have to jump through all sort of government mandated hoops to do so.

ARREST AND PROSECUTE THE CRIMINALS AND LEAVE THE LAW-ABIDING CITIZENS ALONE!!!

[Pecos]

That’s totally insane, like much of the rest of the state’s practices.

[Left CA in 1979; never moving back.]

[paul51]

That is a big problem here in California without a state law, your home county can give you a permit, but it is probably not valid in the rest of the state.

Not so

[paul51]

I'd like to see the same action in Monterey county, the county with the highest murder rate in the state.

[MrB]

Too busy campaigning for and endorsing democRats.

[Grampa Dave]

“That is a big problem here in California without a state law, your home county can give you a permit, but it is probably not valid in the rest of the state.”

‘Not so’

Has the law changed? Back during the Clintoon years, I got hassled by some river scum in a couple of counties where I didn’t live and had a county that was a dangerous place to work.

I knew the police chief, the DA and was a friend of the guy who was the “consultant/advisor” in the process.

At that time I was told I could get a permit that was valid only in my county.

A retiring state policeman advised me to buy the biggest and brightest 357 I could carry and buy it. Then, carry it out in the open, and no one could blame me for carrying a concealed weapon. He said that good lawmen would not hassle me. Last but not least, he said it was best to be tried by 12 of my peers instead of buried by 6 friends.

He was correct. I bought one and never got any complaints from F&G and local LEOS where I fished. I wore it on my hips or my chest when I walked to and from a river. I had a chest holster ane wore the gun while wading/casting/fishin or in a fish craft. The gun was in plain sight at all times.

Thanks, and I looking forward to your answer.

Dave

[marktwain]

AFAIK, California CCW permits have always been good across the entire State. Also, you do not need a permit to carry a concealed weapon while fishing or hunting (a little known part of California law). It is true that about 1995 or so California changed their law so that only be granted a permit by an agency that had jurisdiction over your residence, but the permit was still good all across the State.

[monkeyshine]

No you got it backwards. Your home county is the one that issues the permit, and it is good all over the state. The problem with discretionary issue is that some citizens have “rights” that others do not. A Sacramento resident can now obtain a permit that MUST be recognized in Los Angeles, while Los Angeles residents are S.O.L.

Discretionary issue is the problem. It was rooted in turn-of-the-century racism (to prevent Blacks and Hispanics from carrying) and is now just a token for the powerful, rich and famous. Politicians, Judges, Celebrities get permits, regular folks do not.

SAF and CalGuns needs to keep up the fight. They had a good case, and it may take time but eventually every Sheriff will cave. Perhaps when enough of them do, the Legislature will take control and make it a state permit instead of a county permit. Why? Because of money!

[monkeyshine]

There is a separate clause for open carrying at campsites and in state parks where people are at risk of attack from an animal and where there is virtually no law enforcement. Also, counties with population less than 200,000 have a separate clause that allow carry without a permit (or, with a special permit perhaps and perhaps that is what you were referred to).

Loaded open carry is not legal in cities. Unloaded open carry is legal.

[monkeyshine]

I will add that it is possible the sheriff would put some restrictive clauses on a permit, e.g. making it valid only a certain times, with certain weapons, when at work, or perhaps even restricted to the county in which you live. Though generally the restrictions are limited to type of weapons (e.g. you may get certified with up to 3 types of handguns) and I think I have heard of some permits limited to when folks are working as private body guards. I think discretionary issue is on the way out. The sooner the better. I’d consider taking a second residence up in Sacramento ;-)

[Grampa Dave]

Thanks for your help in this issue.

It was somewhere around in the early 1990’s when I was told what about the limitations. I was seeking the permit for fishing/hiking and when I had to work Lake County and parts of Solano counties.

I will check it out again this year or early next year.

I have a couple of questions. If my county approves the c&c, can I carry a weapon in Sac in the American River Park system?

Is the c&c valid in state and national parks?

[Grampa Dave]

Thanks for your excellent data.

Our older son has become an excellent bowhunter and prefers to bowhunt except for waterfowl and dove hunting.

A couple of years ago he was drawn for a deer tag in the Northern part of the state for deer hunting. When he scouted the area he saw more bear tracks versus tracks, and he got a bear tag as well as his deer tag. The area he planned to hunt was in a National Forest. He ran into a ranger on a scouting trip and was told he couldn’t bring in his open side arm while bow hunting. He got bs for even having an open pistol while scouting in the NF.

So, when he went bow hunting, he left his pistol at home. He had a very close/scary encounter with a very aggressive brown bear and a couple of more encounters with aggressive brown bears. He has hunted big game in Ca, Or, Wa, Nv,Id, Mn, NM and other states and never had scary moments with brown bears.

So what is the status if he bowhunts re carrying an open sidearm?

Thanks again.

[monkeyshine]

Not quite sure what the Federal law is. Federal Parks are under the jurisdiction of the Feds. I may indeed have it backwards and sure don’t want to give bad advise. I just did a quick search and it may be that federal parks are allowed guns but state parks not (sorry) without a permit. BUT even in fed parks it has to be unloaded and you can not enter any building with the weapon (e.g. don’t go visit the federal latrine, the park ranger office or any building operated by the fedgov).

I suggest you go to CalGuns.net. That is a site dedicated to california gun owners and it is also where most of the people involved in the recent lawsuits congregate. The forums are quite active and there are plenty of more knowledgeable people there.

To help I found the following search results:

STATE PARK THREAD SEARCH
http://www.google.com/search?q=state+park+site%3Acalguns.net&hl=en&num=10&lr=&ft=i&cr=&safe=images

FEDERAL PARK THREAD SEARCH
http://www.google.com/search?q=federal+park+site%3Acalguns.net&hl=en&num=10&lr=&ft=i&cr=&safe=images

Or search using the CalGuns.net search feature.

If you do have a CCW, I think it is permitted to carry concealed in state parks as well as anywhere else in the state except placed such as state buildings, federal buildings, schools, and the secured areas of an airport, or if posted “no guns allowed”.

[Grampa Dave]

Thanks so much for your time and excellent reference help.

I’m saving your links in a folder to help me in an effort to get a C&C permit next year or maybe start the procedure this year.