Merced County

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Pay Up!

June 4, 2013 by

The CalGuns Foundation just come into a bit of change thanks to the Merced County (CA) Sheriff’s Department. That is because the department come to an agreement with CalGuns to settle a lawsuit over how the MCSD handled applications for carry permits and agreed to pay them attorney’s fees.

Sometimes lawsuits and payments like the check above are the only thing that will get the attention of those who stand in the way of the Second Amendment.

From the CalGuns Foundation release:

Merced County, CA Sheriff Pays $9,250
in Handgun Carry Lawsuit Settlement

SAN CARLOS, CA (June 3, 2013) – As part of a settlement reached in the handgun carry case of Michelle Rossow, et al. v. County of Merced and Merced Sheriff Mark Pazin, the Merced County Sheriff’s Department has agreed to pay The Calguns Foundation $9,250.47 for attorney fees in the matter.

The lawsuit, filed in July 2011, sought to correct problems in the Sheriff’s policy for applications for and licenses to carry concealed handguns as part of the Foundation’s ongoing Carry License Sunshine and Compliance Initiative.

In addition to the fee recovery, The Calguns Foundation’s action against the Sheriff resulted in a number of changes to the Sheriff’s carry license policies, which was based on a boilerplate document produced by Lexipol, a law enforcement policy management outsourcer, and modified with local rules.

The Foundation first contacted Merced in October of 2010, when it discovered that the Sheriff had established an unlawful moratorium on the acceptance of new carry license applications. The Sheriff subsequently lifted the moratorium but refused to modify parts of his policy that CGF identified as unlawful. When talks broke down, the Foundation filed the lawsuit in Merced County Superior Court.

“It’s great to see a successful outcome in this case, as Merced’s policy on licenses to carry handguns was substantially revised to address the most grievous concerns, and the Court retained jurisdiction to address future compliance issues,” said attorney for plaintiffs Jason Davis of Mission Viejo.

“This case is an important next step in our Carry Initiative,” explained Brandon Combs, executive director for The Calguns Foundation. “The County chose to address our concerns rather than face a possible court order, and we applaud them for that. Now it’s up to the other California sheriffs to follow suit or be sued themselves.”

“Ultimately, this case is about making carry license policies consistent with California law,” said Foundation Chairman Gene Hoffman. “We hope that we can accomplish this without suing every California county, but if that’s what it requires, that’s what we are prepared to do.”

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CalGuns Sues Merced County Sheriff Over CCW Policies

July 28, 2011 by

The CalGuns Foundation is doing a great job in keeping California sheriffs honest when it comes to concealed carry law in that state. They have just filed a suit in Merced County against the county, the sheriffs department, and Sheriff Mark Pazin for the additional requirements that Sheriff Pazin imposes on CCW applicants. CalGuns alleges these additional requirements contravene California state law.

I think it is safe to say that other counties in California may expect such lawsuits if they try to skirt the state law on concealed carry.

FOUNDATION SUES MERCED COUNTY, SHERIFF MARK PAZIN OVER UNLAWFUL FIREARM CARRY LICENSE APPLICATION POLICIES

San Carlos, CA (July 27, 2011) – As part of its ongoing Carry License Compliance and Sunshine Initiative, the Calguns Foundation has filed a lawsuit in Merced County Superior Court challenging Merced County and its Sheriff’s firearm carry licensing policy for violating state law. Joining CGF are three individual plaintiffs who have been harmed by these policies, Michelle and Seth Rossow and James Clark. The plaintiffs are represented by Jason Davis of Mission Viejo and Donald Kilmer of San Jose.

California firearm carry license laws currently require applicants to have “good cause” and “good moral character.” The Calguns Foundation believes that those requirements are an unconstitutional prior restraint on the people’s right to bear arms, and is challenging those requirements in its Federal lawsuit over Yolo County’s carry licensing scheme in Richards v. Prieto, currently on appeal to the Ninth Circuit Court of Appeals in San Francisco.

However, in Merced County, the Sheriff saddles applicants with additional forms, fees, and processes – even for individuals who meet the heightened good cause and moral character requirements – that, CGF alleges, violate state law.

“Sheriff Pazin has had ample time to create a policy that adheres to state law,” said Brandon Combs, a director of CGF and leader of the Initiative. Calguns Foundation first contacted Merced in October of 2010, when it discovered that the Sheriff had established an unlawful moratorium on carry license applications. The Sheriff subsequently lifted the moratorium, but has since refused to modify parts of his policy that CGF identified as unlawful.

“This case is definitely important to all Merced County residents who seek a carry license,” added CGF chairman Gene Hoffman. “What Sheriff Pazin has done is further burden a process that’s already costly and complex with unlawful requirements and fees. We are merely requesting the court mandate that the Sheriff’s policy be consistent with existing law.”

In 1999, California enacted Assembly Bill 2022 to enforce standards upon the carry licensing process. “The Legislature, in AB 2022, sought to address the arbitrary and widely-varying abuses in carry license policies between different cities and counties in California,” said Jason Davis. “They made it clear that application requirements, forms, and fees are to be uniform throughout the state.”

“When we found out my wife was about to become a new mom,” said plaintiff Seth Rossow, “we knew we needed to take steps to protect our family when we weren’t in our home. We’ve had problems with meth users hiding at our ranch, and we watch the news like everybody else. In this day of budget cuts and reduced law enforcement patrols, it is important for us to be able to easily apply for our carry licenses.”

“The Rossow’s concerns for their safety are not unique,” added Don Kilmer. “California created a system that was designed so that applicants could focus on important issues, like training, rather than worry about a local form the Sheriff might or might not want them to fill out that day.”

“Ultimately, this case is about making carry license policies consistent with California law,” said Gene Hoffman. “We believe that we can accomplish this without 58 lawsuits, but if that’s what it requires, that’s what we are prepared to do.”

A downloadable copy of the complaint may be found at CGF’s downloads library. More information on Calguns Foundation’s Carry License Compliance and Sunshine Initiative and other Second Amendment-related litigation and educational efforts can be found at www.calgunsfoundation.org.

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