A personal contribution from the TBJ Webmaster
TBJW sees a lot of material that is interesting from a general CCW viewpoint, or even a general 2nd Amendment viewpoint, but which does not necessarily fit into an appropriate page for Billy Jack's Website
In this blog, TBJW will present the more interesting of these for discussion.Billy Jack's Blog
Categories: Personal Viewpoint, 511 wordsSend feedback • Permalink
Will Billy Jack's lawsuits directly bring CCW's to the many people who should have them in California, but who are blocked by antagonistic sheriffs/CLEO's? Probably not. But each case we win should make it easier to win the next case. This is particularly helped by the "knock on" effect.
When I talk of "Sheriff/CLEO" I mean whichever Chief Law Enforcement Officer is relevant, the county sheriff or the Police Department's Chief. In future I will just refer to Sheriff and leave it to the reader to assume I mean "or chief of police."
Already, as Billy Jack says in his blog, neighboring sheriffs are rethinking their policies. In some cases this has already lead to CCW's to be revoked. We are guessing that many, if not most, of these were issued under a policy that the sheriff does not want scrutinized. Once revoked, the sheriff can destroy the files and it is less obvious that the sheriff has illegally issued mainly to his cronies and major contributors. However, the appeal court has already ruled (Salute v. Pitchess, 61 Cal. App. 3d 557, 132 Cal. Rptr. 345 (Cal.App.Dist.2 08/26/1976) that "No Issue" (or issue to only a small, narrowly defined, group of people) is an abuse of, and not an exercise of, discretion, and that such a policy is unacceptable.
So, these sheriffs, by lessening the opportunity to charge them under the 14th for unequal exercise of discretion, are moving themselves directly into an area that has, with specific relevance to Concealed Carry, already been ruled illegal by the Appeal Court. It is going to be much easier to challenge a sheriff with only 1 outstanding CCW (yes, there are some) than one with 12, all of whom are related in some way to the sheriff. Apart from anything else, there will be much less work to do for us, as far fewer PRARs (Public Record Act Requests) will be needed and fewer applications will need to be perused. Instead of having to prove that the CCW's issued were issued on a more favorable basis than that afforded to Joe Sixpack, we will just need to demonstrate that the Sheriff has an effective "No Issue" policy. Instead of scrutinizing every application, we just have to ask "and how many CCW's have you actually issued?"
Win a couple of these cases, and the other sheriffs will need to rethink their position yet again. Maybe, one day, they will do the job properly, within the law and to our satisfaction.
So, the wave is indeed rippling outwards, and heads will probably roll. Yes, B.J.'s clients will be the immediate direct beneficiaries, but as sheriffs learn that their current behavior is under scrutiny and open to challenge, we expect to see an opening of opportunity for those of us currently unable to get CCW's.
As B.J. says, the effects are rippling out. Trepidation is setting in. Sheriffs are beginning to rethink their policies. Initially, they will raise the drawbridge. We will show them that this makes them easier targets. Eventually, the dominoes will start tumbling.
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