Supervisors ask sheriff to grant concealed firearms permits
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  1. Supervisors ask sheriff to grant concealed firearms permits

    Good news the Riverside County Sheriff will grant concealed firearms permits to the Law Abiding for "Personal Defense" because of the next six months the Californian prisons will release of the inmates, due to public safety. Wow...What a good news?

    RRGlock23


    Supervisors ask sheriff to grant concealed firearms permits | mydesert.com | The Desert Sun

    RIVERSIDE — The Riverside County Board of Supervisors Tuesday approved a resolution urging the sheriff to consider granting concealed firearms permits to law-abiding residents who cite “personal defense” as the reason for wanting one.

    “This is a way we can better protect ourselves,” said board Chairman Jeff Stone, who authored the resolution that was approved on a 3-1 vote. “I want to make sure our citizens have that ability.”

    Stone highlighted the prospective release of 27,000 inmates in the next six months from California prisons and the impact that might have on public safety as one of the motivating factors behind the resolution, which Sheriff Stan Sniff has the option — but not the obligation — to act upon.

    “These prisoners are not misdemeanants. These are dangerous people,” said Stone. “We could be the beneficiary of anywhere between two to three thousand felons into our communities and unincorporated areas. Our sheriff's department can only do so much.”

    A three-judge panel of the Ninth Circuit Court of Appeal earlier this year ordered California to slash its inmate population to 110,000, from the roughly 160,000 that crowd the state's 33 detention facilities, over the next two years.

    The judicial panel made the ruling on the grounds of health and safety concerns — raised in three inmate lawsuits — noting that California's prisons were built to house under 100,000 people.

    Gov. Arnold Schwarzenegger is challenging the federal mandate, which could be litigated in the Supreme Court if the jurists agree to hear the state's appeal.

    Stone said if more county residents want to arm themselves, and they pass background criminal checks and complete the 16 hours of firearm safety training required under state law, there is no reason why they shouldn't be able to obtain a concealed carry permit.

    “This goes back to the Second Amendment (of the U.S. Constitution): ‘The right of the people to keep and bear arms shall not be infringed,'” the chairman said.

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    State law requires that an applicant for a concealed carry permit demonstrate “good cause” before the chief law enforcement officer of any locality considers authorizing the permit.

    Stone said in Riverside County, “personal defense (should) be accepted” by the sheriff as sufficient basis for granting one.

    Keith Cunningham, a Moreno Valley resident, agreed, telling the board that any person not prohibited by law from owning a firearm “should be afforded the opportunity” to carry one.

    “Those who would like to curtail our access to guns and limit our ability to defend ourselves depend on fear and emotion in their arguments,” Cunningham said. “Their reasoning is flawed and only makes it easier for criminals to target citizens.”

    The former Marine said he realized the importance of being armed after he was attacked by five gang members in front of his family in April.

    “I was no match for them,” he said, standing with the support of a crutch. “I have since rethought plans for defending myself and my family. No one should be denied the right to defend themselves and their loved ones from an attack. It could happen to anyone, anywhere, at any time.”

    According to Undersheriff Valerie Hill, roughly 500 county residents have concealed carry permits.

    “We take (the issuance of permits) very seriously,” she told the board. “Every time we issue a permit, it's a liability for the county.”

    Supervisor Bob Buster cast the dissenting vote on the resolution, saying he was satisfied with “existing” sheriff's department policy concerning the issuance of permits.
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    Quote Originally Posted by RRGlock23 View Post
    According to Undersheriff Valerie Hill, roughly 500 county residents have concealed carry permits.

    “We take (the issuance of permits) very seriously,” she told the board. “Every time we issue a permit, it's a liability for the county.”

    Supervisor Bob Buster cast the dissenting vote on the resolution, saying he was satisfied with “existing” sheriff's department policy concerning the issuance of permits.

    This wouldn't be an issue if the counties assist in getting state law changed to limit or eliminate liability to the issuing counties. It's sad that such a simple fix is so difficult. Leave it to the PRCA to make a simple task difficult. PRHI is very similar in that most of the existing firearms laws are based on laws in PRCA.



    gf
    "A few well placed shots with a .22LR is a lot better than a bunch of solid misses with a .44 mag!" Glock Armorer, NRA Chief RSO, Pistol, Rifle, Shotgun, Muzzleloading Rifle, Muzzleloading Shotgun, and Home Firearm Safety Training Counselor

  4. Quote Originally Posted by Glock Fan View Post
    This wouldn't be an issue if the counties assist in getting state law changed to limit or eliminate liability to the issuing counties. It's sad that such a simple fix is so difficult. Leave it to the PRCA to make a simple task difficult. PRHI is very similar in that most of the existing firearms laws are based on laws in PRCA.
    There is no need to change state law. There is plenty of statutory and case law that any claim of liability on the part of a sheriff is pure smoke blowing.

    To steal from Gray Peterson off of another forum:

    This is one of the biggest lies spread by an issuing authority there is involving CCW's. They have total and complete immunity from tort liability lawsuits.

    Can you imagine for a minute what would happen if one can sue the DMV for issuing to someone who was a drunk driver?

    There is no reason at all to be concerned about lawsuits against the sheriff or a police department.

    First, the language of Government Code 818.4 immunizes a public agency for any injuries in any way connected to a licensing of anything. Second, Government Code 821.2 immunizes all public employees in a similar fashion.

    Cases that extensively discuss this is are as follows:

    Nunn v. State of California (1984) 35 Cal.3d 616, 627. State and employees immune from tort liability for discretionary acts, such as not issuing BCIS Exposed Firearms Permit to Mr. Nunn (who perished while there was some form of regulatory mix-up while on patrol at a community college).

    People v. Superior Court (Wilson) (1993) 18 Cal.App.4th 31, 37-39. State and
    employees immune from liability for failure to revoke a driver's license.

    Colome v. State Athletic Commission (1996) 47 Cal.App.4th 1444, 1455-1456. State and Employees immue from liability for issuance of boxing license.

    Rosenthal v. Vogt (1991) 229 Cal.App.4th 69, 75. State and employees immune from liability for disbarment of an attorney.

    West v. State (1986) 181 Cal.App.3rd 753, 760-761. State and employees immune from liability for injuries resulting from issuance of a contractor's license.

    Hirsh v. State by and through the DMV (1974) 42 Cal.App.3d 252. State and employees immune from negligent issuance of vehicle title and registration by the Department of Motor Vehicles.

    As you can see, even though California is known as being extremely litigious, the above cases and statutes protect the sheriffs or police chiefs from all liability in state court. In federal court, the only thing that one could be tort liable is a policy which violates the applicant's civil rights under 42USC1983, and that can only come from

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