Billy Jack's Pow Wow Corner

Billy Jack is once again 12050 PC. Here to assist those with legitimate Good Cause. I see the Frat Boyz are rallying for a Board of Supervisors meeting to beat up on the new Orange County Sheriff over her revoking their CCW's. Damn shame, I had planned to attend, but that is the day I sort my Chris Montez CD's and sweep out my Tee Pee. Perhaps I could lend my support on another day. Sound of Brave pounding dirt floor with his fists and convulsed in laughter.

I will continue to support 'Fair Issue' anywhere throughout California.

Billy Jack

http://www.youtube.com/watch?v=DKmJPnAGUJk

http://www.youtube.com/watch?v=AM4ADoVc6TU

"When policemen break the law, then there isn't any law.....just a fight for survival." Billy Jack

2:07-cv-05895-SVW-JC Kurt Mc Cloud v. City of Santa Maria et al
Order 54

The trial Judge in McCloud v Santa Maria granted a Defense Motion for Summary Judgment. We do not agree with his decision but we respect it. I want everyone to take a deep breath and not attack the messenger.

Lead Plaintiff Attorney is out of the country on vacation and I shall meet with him and other counsel once he returns from his well deserved vacation. We anticipate filing a Notice of Appeal. Let me remind you that Bruce Praet's company, LEXIPOL LLC provides flawed CCW policies to 2/3 of all the Police and Sheriff departments in California. It is important that we obtain clarification on the law from the 9th Circuit Court on their previous decision in Guillory v Gates.

Trail Judges in Guillory v Gates, Judges Williams and Gadbois also erred in their rulings and granted Defense Motions for Summary Judgment. An appeal to the 9th Circuit should take less than 12 months. When we did our motion in the 70's and 80's it was David v Goliath and I was David. That is no longer the case. In the words of that 60's song, 'I am laying it between the lines'. If we do not challenge this ruling all similar CCW cases are dead and I did not invest 12 years of my life to allow this to happen on my watch!

Believe what you will but: 'It isn't over until we say it's over!' John Belushi, Animal House.

We have other cases being filed so it is business as usual. If you did not believe in the cause before, you will not believe in it now. And if you did believe in it before, nothing has changed. One Judge has agreed with the former Canine officer who misled the court and misapplied the law, just like in Guillory v Gates. I expect a similar decision from the 9th Circuit Court.

Guillory v Gates is good law and it will be enforced and applied by trial judges if we have to take each case up to the 9th Circuit.

I have the The Hat and I have the attitude!

Preston 'Billy Jack' Guillory

"When policemen break the law, then there isn't any law...just a fight for survival!"

http://www.youtube.com/watch?v=AM4ADoVc6TU

I have been dealing with CCW issues for over 30 years and have come to the conclusion that it has nothing to do with public safety or more firearms on the street. People like Chief Bratton and Sheriff Baca should have noses several feet long from making patently false statements about controlling the proliferation of firearms through the issuance of CCW's. It is politics and power. They are synonyms of course. CCW's are routinely issued to people in positions of power at all levels of government.

At the City level it is the Councilmen and City Managers. At the County level it is Judges, elected officials, members of the Sheriff's Posse or Advisory Council and political movers and shakers. The permits are not really issued for personal protection but as a means of conveying an aura of access on the recipient. Billionaire Kirk Kerkorian, licensed by Sheriff Baca and a resident of Beverly Hills, I can assure you is not packing on a regular basis. He will have several EP personnel around him at all times to protect him. So the only reason he would have one is because he can.

Even Sheriffs with almost 'shall issue' policies have special CCW holder associations for the financially and politically connected. Once the public understand the way the game is played they will be able to change what has been a custom in California since CCW's came into existence.

These departments have policies that on paper appear very fair. In practice they issue to whom they please. In many cases most requirements of the 'Policy' are waived for these very special people. We have found instances, such as in Santa Maria where the Chief has waived statutory requirements such as mandatory firearms training and weapons inspection. Nothing like putting people on the street without the state required firearms training carrying firearms the department has never laid eyes on. Can you imagine the liability this Chief is exposing himself and his city to should one of his CCW holders ever use their firearm in a questionable manner? I want to work that lawsuit. Another department has 'rural' and 'urban' policies. Seems wealthy people in this county tend to own ranches, farms and vineyards, so the issuing authority has developed a policy to issue to these people due to the danger they might be exposed to from their property to the city. Their Good Cause is the standard 'carries large amounts of cash.' City residents with the same GC do not qualify. Seems the road the wealthy use to get to the city only poses a danger to them. The fact that many of these 'isolated' wealthy are also campaign contributors and supporters of the issuing authority is most likely a coincidence.

Tens of thousands of words have been wasted on the Internet by people who do not understand how this system works, They spend hours trying to craft the perfect GC statement. They seek help from others in this endeavor. Stop wasting your time! If a department is violating the law or the Constitution, 14th Amendment, not the 2nd., the only effective corrective action is US District Court.

You believe you have Good Cause and feel your Chief or Sheriff is playing fast and free with the law, you contact me before you even apply. My team of Private Investigators and Attorneys will work with you from the beginning without charge to get your application into the system. Once you have been denied, and in many cases you will be, you can decide how much value you place on your life, safety and that of your family. If you decide not to proceed that is fine. If you want to compel the issuing department to follow the law we can show you how to do it and provide you with all the resources to do so. Yes, there will be a cost to you, but we can make it relatively painless. There is no free lunch and Federal litigation is not without cost.

We shall determine if your department is violating Salute v Pitchess and Guillory v Gates prior to filing a lawsuit. If we prove your case the Judge can compel the issuance of a CCW. The Judge can also impose a new CCW Policy on the department. The Judge can also maintain jurisdiction in the future. So, if the department goes back to its old ways, our Attorneys can take them back to court for a Contempt hearing.

Most importantly, if you prevail and win your case your are entitled to Attorney fees and costs of suit to be paid by the Defendants. There is lots of fear and misinformation being spread on the Internet about how much money these suits costs and how long they take. Absolute rubbish from people who have never litigated for a CCW and who have no legal or investigative experience. Opinions are just that and as Dirty Harry once said; "They are like A&& H&&&'S, everybody has one!"

We have a trial set for November 18, 2008 for a case filed in September 2007. We have another case set for trial February 2009 that was filed June 2008.

If you have Good Cause, a clean background and are not destitute you might want to talk to Billy Jack and his team members prior to engaging a corrupt law enforcement official in battle. We are your Knight in this Chess game. We are not here to perfect our craft and we do not want to create bad law. Want a fair chance at a CCW? Contact us.

For the immediate future change will come in a courtroom, not the halls of the legislature.

Billy Jack

"When policemen break the law, then there isn't any law....just a fight for survival"

http://www.youtube.com/watch?v=AM4ADoVc6TU

Friends,

Chief Danny Macagni's Deposition was completed Thursday, August 28th, 2008. Both he and his Attorney, Bruce Praet, 'Finest law enforcement defense litigator in the United States' were woefully unprepared for the Deposition. They used a procedural rule to avoid producing the original files at the Deposition. They will not have that liberty at the trial. They will both be facinated by the make-up of the average Federal Jury in Los Angeles.

Chief continues to assert he only issues to those he knows and that our
client's Good Cause exists primarily outside of Santa Maria so he should
get his CCW from some other department. Clearly he has not read 12050PC or if he has he simply does not understand it or he does not care what it says.

He admitted not having revoked the Dr. with the DUI and claimed he was
unaware a Warrant had been issued for his arrest. He said he would be
having the Dr. come in to discuss the matter. This Dr. is the son of a
former Chief who is now on the Santa Barbara County Board of Supervisors. That makes him, in the Chief's eyes a prominent person.
They must have a very shallow pool from which to draw leaders in that city.

When told the hospital where all three Dr.'s with CCW's worked does not
allow anyone on the property with weapons except LEOS he responded 'they
might encounter a person with the same intentions, relative of a patient
where they were not satisfied with the level of treatment, in a grocery
store'. The little Chief, he is quite diminutive, physically and
intellectually, stood his ground that all seven holders had Good Cause.

When asked about the Dr. that lived in and listed his address as Orcutt
(unincorporated county territory) on the DOJ Application. He had no idea
how that had happened. Even though it was issued and renewed listing the address as Santa Maria. When told they did not revoke it until
Plaintiff Investigator discovered it while in his outer office doing a
PRA, he did not have an explanation.

As to the 'Chicken on the radio tower' incident he denied lying about that during an investigation. As to the derogatory Michael Jackson statement, he denies making that statement at all. When informed that a room full of Officers heard him say it he did not have an answer. We have the names of three officers who heard him say it. Trust me, those of you who have heard the statement from me, know very well he does not want to have to defend what he said in front of a Federal jury in Los Angeles. He would need an armed escort back to his vehicle. Those who have been told of the alleged statement are shocked a Police Chief would be so lacking in discretion. I have seen his CCW files and I can assure you he probably does not know what 'discretion' means.

Next step is the Deposition will be available in electronic form within 10 days. An original will be sent to 'Danny Boy' via his counsel and he will have 20 days to read it and make corrections. Any correction will allow Plaintiff Attorneys to ask questions about those corrections at trial.

We are 10 weeks out from trial and other things will take place prior to
that date but they are matters I am not at liberty to discuss. Sadly the
real City Attorney or his representative did not attend the Deposition so they did not have an opportunity to observe their Chief in action. We were stuck with former Orange PD Canine Officer, Bruce Praet. Rumor has it at the department that when the dog reached a certain age they had to make a decision. They kept the dog and cut Bruce loose. He is just lucky they did not decide to put him down. I do that here on my Blog but I doubt he is quick enough to realize it.

Hope you all enjoyed the update.

For those that follow such things I shall be in San Jose very soon so if you want to share anything about Sheriff Laurie Smith, SCSO or SJPD just give ole Billy Jack an e-mail.

Billy Jack

I am sure many of you recall the childhood fable about the industrious ant and the slacker grasshopper. Well we seem to have a similar situation in Orange County. Seems the grasshoppers were running around proudly displaying their CCW's at range shoots and those infamous Sushi parties while the industrious ants were working throughout the state doing PRARS and meeting with Chiefs, Sheriffs and command staff.

Suddenly the slacker grasshoppers were faced with a famine, in their eyes, of CCW issuance. Like a dark cloud of locusts the Denial/Revocation letters spread across the county. The grasshoppers sought intellectual support from other grasshoppers but that did them little good as they did not have a clue as to how to deal with the letters.

For the past TWO YEARS the ants had been warning them this could happen. They cast aspersions on the ants and continued to party hardy while proudly displaying their 'concealed firearms' so everyone would know they had one. Apparently the words 'concealed' and 'discretion' were lost on the grasshoppers.

Now the grasshoppers are reaching out for help. Funny thing, they are now asking the ants for help. They continue to attack the ants, even going so far as to blame the ants for their problems. Silly grasshoppers, CCW's are for all with Good Cause and who act responsibly. Flaunting your Good Cause, or lack of same on the Internet and proudly showing all that you are carrying concealed is not displaying good judgment or discretion.

The ants told the grasshoppers to prepare but the warning fell on deaf ears. But wait, it has just been announced that the grasshoppers have a secret plan for stopping the Denial/Revocation letters. Perhaps it involves Sushi.

The ants are now sitting on the sidelines smiling with amusement as the grasshoppers scramble about trying to formulate a plan. Somewhat reminds me of an Andy Hardy movie where the mortgage is due and they get together to put on a play in someones barn with donated costumes and musical instruments. I have learned over the course of time that life rarely imitates art, but we shall have to wait and see if this play to be put on by the Orange County grasshoppers will work.

There is a Zen expression that says; "That which brings you the most pleasure can also bring you the greatest pain." I guess the grasshoppers do not have much time for philosophical discussions.

Billy Jack