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Statement regarding Attorney General request to intervene in Peruta case Chuck Michel
calgunlaws.com ^ | 28 February, 2014 | Chuck Michel

Posted on 03/01/2014 4:47:26 PM PST by marktwain

The Attorney General’s office was repeatedly invited to participate in this case both by Sheriff Gore’s attorney, and by the plaintiffs. The Attorney General declined to participate in the case, just as she has refused to get involved in similar cases challenging policies in other cities and counties that refused to accept self-defense as justification to get a license to carry a firearm in public to defend yourself and your family.

In fact, when the Attorney General’s office was named as a defendant in some of those cases, it has successfully moved to be dismissed from the cases because the court has accepted the Attorney General’s argument that she is not the official vested with the authority of the state when it comes to administering these licenses – the Sheriff is.

Excerpts from Mehl:

1) “Since only sheriffs and chiefs of police have authority under the CCW statutes to grant, deny or revoke licenses, Applicants cannot establish Article III jurisdiction over the Attorney General with regard to their facial challenges to the validity of the statutes or for review of the Sheriff’s refusal to grant their CCW licenses.”

2) “Only sheriffs and chiefs of police are authorized to perform these functions. . . . Contrary to Applicants’ implication, the Attorney General is not authorized by the CCW statutes to review the decisions of the sheriffs and chiefs of police. Because Applicants’ alleged injury can occur only through the actions of the Sheriff, independent of the authority of the Attorney General, any ostensible harm cannot be traced to the Attorney General.” Mehl v. Blanas.

It is ironic that the Attorney General does not recognize that the arguments she made about her authority to abandon the defense of the gay marriage ban apply equally here. The Sheriff has the ultimate authority to decide whether to continue to fight this case, and he has made his decision to refrain from doing so. But now that it suits her political agenda, Kamala Harris wants the court to impose a double standard.


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: California
KEYWORDS: banglist; ca; constitution; guncontrol
Kamala Harris was offered intro into the case numerous times. Now that she doesn't like the outcome, she wants another bite of the apple.
1 posted on 03/01/2014 4:47:26 PM PST by marktwain
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To: marktwain
But now that it suits her political agenda, Kamala Harris wants the court to impose a double standard.

A double standard that liberals gleefully ignore time and time again as long as the Agenda is advanced.

Shame on her for having no professional morals and ethics. That would be too much to ask though.

2 posted on 03/01/2014 5:03:57 PM PST by broken_clock (Do it Sarah! Cut the ties that bind.)
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To: marktwain

Judicial estoppel.


3 posted on 03/01/2014 5:07:49 PM PST by reagandemocrat
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To: marktwain

4 posted on 03/01/2014 5:21:39 PM PST by Extremely Extreme Extremist (15 years of FReeping! Congratulations EEE!!)
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To: marktwain

That’s just what communists do!


5 posted on 03/01/2014 5:43:27 PM PST by RetiredTexasVet (WWP and Paralyed Veterans Assoc. doing the work the U.S. Veterans Administration won't do!)
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