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Mike Vanderboegh at Sipsey Street Irregulars has put out a call for help. It's important, so I'm doing what I can to help amplify his voice.
Larry Pratt of Gun Owners of America needs to find an expert witness for "a pending legal case." Here's what Larry sent Mike:
Do you know of a reference to the Camp Perry matches where they have gunsmiths to handle malfunctions? Or any other such venue where they are used to shooters having guns that malfunction by firing a burst and then jamming? Time is of the essence on this.
Mike asks us to think hard about who we might know, and to spread the word. That means sending emails to your gun owner friends, posing the question on gun forums you frequent--whatever you can think of.
As he reminds us:
Somebody's freedom is hanging on it.
I don't recommend posting likely candidates' names and contact information in "Comments" out of respect for their privacy. Instead, please get this information to Mike at GeorgeMason1776ATaolDOTcom, to Larry via the GOA contact form, or to me at dcodreaAThotmailDOTcom and I'll follow up/pass it on to them.
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Andy Caldwell Show update
We talked about my appearance yesterday. It went well, and I'll monitor his site to let you know when they have the show posted for listening.
One question came up that I had an idea how to answer, but could not say for sure because it's a detail in California law I'm not up on. Andy had been told the reason some sheriffs won't issue concealed carry permits is because they fear liability should a permittee commit a crime.
My initial reaction was that does not sound right, that laws typically exempt agencies from such liability, that it hasn't been an issue anywhere else and that it seems like a pretty outrageous excuse to use for denying a right to protect self and loved ones. I'm no lawyer, but I can't believe this is anything but a false argument. You don't see motor vehicle bureaus getting sued after smash-ups because they issue driver licenses.
After the show, I did a quick search and came up with this:
Government Code 818.4 immunizes a public agency for any injury caused by the issuance, denial, suspension or revocation of, or the failure or refusal to issue, deny, suspend, or revoke any permit, license certificate, approval or order or similar authorization where the public entity or an employee of the public entity is authorized by enactment to determine whether or not such authorization should be issued, denied, suspended, or revoked.
Plus there are a couple other clauses mentioned. Reading legalese makes Mongo's head hurt.
If anyone has knowledge of this area of the law, please educate the rest of us.
And no, for any who might think this means I'm going soft on the idea of turning rights into privileges by licensing them, I'm saying nothing of the kind.
Comments
Camp Perry, eh?
It's a good thing nobody's going after sportsmen. People might start to get, you know, worried.
Your first idea was the right one. Lame excuse... remember, they think they can make up the "law" as they go along... to suit themselves.
One more good reason to get out of California. :)
I got this posted to my blog as well.
David, I really can't parse what Larry wants. "Do I know of a reference to a match...?" Huh? I know that there's a permanent manned gunsmith shack at Rio Salado range in Mesa, does that help him? Or does he want to know of specific instances where an onsite gunsmith fixed exactly the failure you mention?
Re part-two: Sheriffs are political and as far as I can tell it's an outrageous excuse and a standard-issue lie since California LEO's are indemnified against every other possible scenario to the point that, "To Serve and Protect" is simply an advisory motto not requiring actual intervention and could be easily replaced by "To Report and To Process." The leagalese talk says they're not at fault, whether they do or they don't issue, but clearly the default mode among most is "just say no," which elevates them above the common plebeian horde of gun-less civilians.
re: Camp Perry malfunction expert...don't know one but will spread this via email to gun friends.
re: CCP in California and Andy Caldwell statement...It's called "Manufacturing the Truth." Living in Sacramento, the stink from this manufacturing process rolls downhill to our little community at the edge of town.
HB--My sense is they are looking for qualified people who can attest to it happening. I have passed your comment on.
Will pass the word. And good point about the DMV and smash ups.
My ignorant guess is that a competitor--probably in practce or the deal would already be well known--had a malfunction that caused an automatic burst. If that's the case the poor marksman will need an expert examination of his piece so he'd be able to testify that the occurrence was, indeed, a malfunction and not a case of the shooter looking for a free "Go to Jail" pass from the Batfe's. Those BATs will now pounce on any such event now that a court has said it's the owner's fault, no matter what.
David I know of such a man that maybe able to help He is a world class shooter and expert gunsmith.
He has improved Col. Coopers scout rifle concept
He's also a person that you may want to write a story on some day, David; hes a world class expert on instinctive shooting
I will send you an email plus i will send larry Pratt emails hopefully with your help we can get the message through
Sounds like they're trying to prevent a conviction like what happened to Al Woodbridge in Washington State in the mid-90s.
The need an expert to testify that semi-autos can go full auto through mechanical failure.
Get an Army small arms mechanic - we've all had cases of semi-autos going full because of worn disconnectors etc.
Regarding California CCW: keep in mind that whenever issuance is at the discretion of a sheriff, there will always be the temptation to limit issuance to those who have been generous campaign contributors. This is why issuance should be based on objective criteria (like lack of criminal record) rather than whim.
Several "gun trucks" are posted behind the firing line during the National Matches. The USAMU, USAR, and National Guard. I would recommend trying to find someone at the National Guard Marksmanship Training Unit 501-212-4500. The USAMU has a civilian and service member gunsmiths but it may be difficult to get their assistance Main phone 706-545-1272 ask for the custom gun shop
Regardless of any ‘purpose’ cited by legislators for enactment of laws requiring a ‘permit’ for a Citizen to carry a firearm concealed, such laws are irrefutably Immoral from their very inception and exactly antithetical to the core principles embodied as that of a Constitutional Republic--said core principles all having their basis in Morality and recognition of ‘Rights’ of the individual Citizen.
Hardly recognizable at present and thus virtually unknown by far too many, is the fact that the primary purpose for the institution of all forms of American government is to 'Secure ‘Rights’ of the individual--exactly those same ‘Rights’ a person would have without the existence of any government at all.
Concealed carry ’permitting’ requirements represent no less than a form of legalized tyranny, transposing a ’Right’ into a government-granted privilege.
A government having empowered those within it to legally deny 'Rights' cannot be viewed in any way other than corrupt.
If a Sheriff is in fact so ignorant of the laws which grant immunity from liability, then he or she has demonstrated a level of incompetence sufficient enough to warrant immediate discharge from the position.
If a Sheriff is in fact aware of laws which do grant immunity, yet claims ‘fear of liability’ as a reason for denying issuance of a permit, then that person is intentionally lying, proving that he or she cannot be trusted to tell the truth, and has thus demonstrated a character flaw sufficient enough to warrant immediate discharge from the position.
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