SAF and Calguns Foundation to Smack Down California's "May Issue"

[Yellowfin]

BELLEVUE, WA and REDWOOD CITY, CA – The Second Amendment Foundation, The Calguns Foundation and three California residents today filed a lawsuit seeking to vindicate the right to bear arms against arbitrary state infringement.

Nearly all states allow qualified law-abiding citizens to carry guns for self-defense, but a few states allow local officials to arbitrarily decide who may exercise this core Second Amendment right. In the action filed today, Plaintiffs challenge the policies of two California Sheriffs, in Sacramento and Yolo counties, who reject the basic human right of self defense by refusing to issue ordinary people gun carry permits. Of course, violent criminals in the impacted counties continue to carry guns without police permission.

State scientist Deanna Sykes believes her sexual orientation and small stature makes her an appealing target for criminals, particularly as she often transports firearms as a competitive shooter and firearms instructor. “I am highly qualified to defend myself against the sort of crime that the Sheriff cannot, despite his best efforts, completely eradicate,” Sykes said. “Violent crime is a real risk in our society, but happily, we enjoy the right to defend ourselves from it.”

Andrew Witham has over 15 years experience as a police officer in Britain, and is licensed to carry a firearm while working as a private investigator and campus public safety officer. But despite having been the target of death threats stemming from his work in security, Sheriff John McGinness saw to it that Witham’s license to carry a gun while away from work was revoked upon Witham’s relocation to Sacramento.

“I’m allowed to defend other people,” said Witham, “so why can’t I defend myself, where the Bill of Rights guarantees me that right?”

Adam Richards, a Northern California attorney, would also exercise his right to bear arms in self- defense. But the Yolo County Sheriff’s policy on gun permit applications is: don’t bother. “How can the Sheriff tell whether I am capable of responsibly exercising my Second Amendment rights, when he doesn’t even acknowledge that these rights exist?”

Attorney Alan Gura, representing the plaintiffs in this case, said, “It’s a shame that these Sheriffs don’t think that self-defense is a ‘good cause’ to exercise the right to bear arms, but we’re confident the Second Amendment reflects a better policy.”

Added co-counsel Donald Kilmer, “The California carry licensing system is being abused by some officials who are hostile to self-defense rights. The police can regulate the carrying of guns, and that includes preventing dangerous people from being armed. Complete deprivation of the right to bear arms, however, is not an option under our Constitution.”

“The Supreme Court’s decision last year in the Heller case shows that there is both a right to keep arms and a right to bear arms,” said SAF founder Alan Gottlieb. “In most states, authorities do not deny a license to carry an operable firearm to any law-abiding applicant that completes training and a background check. This is also the practice throughout much of California. These two Sheriffs must respect the constitutional rights of their citizens to bear arms.”

“California is often a leader in so many ways, but our state lags badly in streamlining its firearms laws,” said Gene Hoffman, Chairman of The Calguns Foundation. “We need 21st century gun laws that respect our Constitutional rights, and adopt modern, widely accepted practices that work well throughout the United States. Hopefully this action will serve as a wake-up call to our legislators, and to those officials who stubbornly resist accommodating Second Amendment rights. If they don’t reform, reform will come through litigation.”

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 600,000 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 non-profit legal defense fund for California gun owners. The Calguns foundation works to educate government and the public and protect the rights of individuals to own and lawfully use firearms in California.

A copy of the complaint is available: http://www.hoffmang.com/firearms/syk...2009-05-09.pdf

[Elmar]

Was only a matter of time after Heller and the 9th ruling. Good luck people.

[Philadelphia]

Was only a matter of time after Heller and the 9th ruling. Good luck people.

+1

Scalia made it very clear. The 2A includes the rights to keep arms and to bear arms. He explicitly would allow regulation of that right only is "sensitive places" such as schools and court buildings. This is the other shoe about to drop to uphold rights long denied in many places.

The "law enforcement community" (i.e. LEO brass who haven't seen patrol on the streets in too many years) will declare a falling sky should "ordinary" citizens have their rights restored. Never forget that this is the same community that predicts similar results with every search and seizure case, every case protecting the right against self incrimination, etc. A free society can be inconvenient, complicated and sometimes dangerous in the view of its government. Tough.

[Yellowfin]

^ A big part of the reason we have the 2nd Amendment is as a diagnostic tool: the kind of people in government and LE who don't like it are precisely the ones we need to have promptly thrown out because those are the very kind of people who are not to be there in the first place. If the Founders had their way, not only would it be their last day in office, but probably above ground too.

[YllwFvr]

I can only hope it goes through. We need this as a nation, what a big step in the right direction this would be!
What would DC do if the model they use for handgun use was to suddenly go kaput?
I hope they dont manage to weasel out of this! Best of luck to them! Gunowners around the nation will be crossing there fingers(and grabbing popcorn)!

[Yellowfin]

What you guys can do:

1. Donate to the Calguns Foundation if you can.
2. Start calling, emailing, and faxing the California Attorney General demanding CCW reciprocity and/or non-resident CCW's.
3. Start doing the same to NY's AG. If you do any business in NY state, inquire about application for a NY pistol license.

....working on details for 4) Sue if denied either application or license.

Stay tuned for more.

[YllwFvr]

What you guys can do:

1. Donate to the Calguns Foundation if you can.
2. Start calling, emailing, and faxing the California Attorney General demanding CCW reciprocity and/or non-resident CCW's.
3. Start doing the same to NY's AG. If you do any business in NY state, inquire about application for a NY pistol license.

....working on details for 4) Sue if denied either application or license.

Stay tuned for more.

I didnt think NY gave out non resident permits?

[Yellowfin]

I didnt think NY gave out non resident permits?

We're going to make them do it. They can either do it now or they're going lose a big court fight and write a big check to Mr. Gura, then more checks every time after that they refuse. First step is we need a few thousand (the more the merrier, of course) people asking nicely, getting it documented on both ways. Xerox/CC the request, then save the answer you get in writing.

Start your engines, gentlemen.

[YllwFvr]

We're going to make them do it. They can either do it now or they're going lose a big court fight and write a big check to Mr. Gura, then more checks every time after that they refuse. First step is we need a few thousand (the more the merrier, of course) people asking nicely, getting it documented on both ways. Xerox/CC the request, then save the answer you get in writing.

Start your engines, gentlemen.

I would absolutely LOVE to be able to carry into NY. I travel there often enough (perhaps once a week). I feel odd without it and Im always bothered having to leave it at home.
So how do we go about this process, cuz I need to be on this train.

[Yellowfin]

Do you have some sort of way of proving you have NY as a place of business?