NRA/CRPAF Lawsuit Filed to Force LAPD to Comply with Court Ordered CCW Permitting Process

[shadowrider]

Los Angles, CA --(Ammoland.com)- Through their joint Legal Action Project, the NRA and CRPA Foundation are sponsoring two new legal actions to enforce a 16-year old court Order against the City of LA over its concealed weapons permit (CCW) issuance policies.

Under Penal Code § 12050, et seq., the LAPD has an obligation to process applications for CCWs, and to issue CCWs if the applicant has “good cause.” For many years, the City and the LAPD had a policy of not making applications available, never finding good cause to exist, and effectively prohibiting the issuance of any CCWs.

Two lawsuits filed in the 1990′s were supposed to change that. But despite a binding settlement in those suits that resulted in LAPD being ordered by a court to implement new policies, the LAPD has abandoned these court ordered policies for handling citizens’ applications for CCWs, and has fallen back on its old habits.

http://www.ammoland.com/2011/05/13/lawsuit-filed-to-force-lapd-to-comply-with-court-ordered-ccw-permitting-process/

[spin]

1. California needs "shall issue" concealed carry ...

If an honest citizen wants to carry a firearm concealed and has met all the qualifications, the state should be required to issue a license.

"Shall Issue" concealed carry works well in many other states.

[oneshooter]

5. Something that you have to understand about California.

An "honest citizen" as defined by California Law Enforcement is anyone who is famous, rich, and/or able to donate large amounts of money into Law Enforcement reelection coffers.
All others are the "great unwashed" and are not deserving of the full rights of the US Constitution.

Just my $.02 worth.

Oneshooter
Armed and Livin in Texas

[ManiacJoe]

2. It is a step in the right direction any way...

[Euromutt]

3. I find it mind-boggling that a government agency can ignore a court order and not be held to account

You have to sue them to adopt new policies, and then you have to sue them again to force them to stick to those policies. What is there to stop the agency from simply ignoring court order after court order until no plaintiffs remain who are willing to spend money on court and legal fees, while the agency can continue to have the taxpayers pay its bills indefinitely.

[one-eyed fat man]

4. That is exactly the strategy

"What is there to stop the agency from simply ignoring court order after court order until no plaintiffs remain who are willing to spend money on court and legal fees, while the agency can continue to have the taxpayers pay its bills indefinitely."

That is a common strategy, particularly with licensing agencies. The FAA is a particularly good example. Since a certificate action is an "adminstrative action," it is not bound by rules of evidence or any of the safeguards of "due process." Often an airman is faced with option of either accepting an unjustified suspension or a spending a ruinous amount of money fighting it.

http://www.avweb.com/news/avlaw/181788-1.html

http://www.richardtmillerlaw.com/FAA_do-not-voluntarily-surrender-certificate.htm