News

San Carlos, CA (May 14, 2012) – In an excellent conclusion to another federal civil rights lawsuit, The Calguns Foundation has secured a settlement agreement from defendants the City of Calexico, the Calexico Police Department, Chief of Police James Neujahr, and Calexico PD officer Mario Alcaraz. The case, Ian James Farias v. City of Calexico, et al., alleged that the defendants violated Mr. Farias’ Fourth Amendment rights by improperly arresting him and seizing his lawfully-possessed shotgun. The lawsuit also alleged that the Calexico PD failed to properly train their officers on firearms issues, leading to Mr. Farias’ arrest.
Mr. Farias had been driving through the Imperial County town of Calexico in late January, 2010, when Officer Alcaraz pulled Mr. Farias over for an alleged traffic violation. After receiving consent to search the back seat of the vehicle, Officer Alcaraz observed Mr. Farias’ shotgun – which was being transported unloaded and exposed on the back seat – and arrested Mr. Farias for an alleged violation of Penal Code section 12025 (a statute criminalizing the unlicensed carry of a concealed handgun). Mr. Farias spent 9 hours in the Imperial County Jail before bailing out and contacting The Calguns Foundation to assist in his defense.
With the aid of Foundation attorney Jason Davis of the law firm Davis and Associates, the criminal case against Mr. Farias was eventually rejected by the District Attorney’s Office. Not only did the DA not pursue criminal action against Mr. Farias, but Davis successfully obtained a rare Finding of Factual Innocence for Mr. Farias, which means that “no person of ordinary care and prudence [would] believe or conscientiously entertain any honest and strong suspicion that the person arrested [or acquitted] is guilty.” Mr. Farias then sued in Federal court to seek recovery of damages and mandate proper training, claiming that that the arrest violated his Fourth Amendment rights, among others.
As part of the settlement agreement, the City of Calexico paid Mr. Farias $35,800 and instituted a training program on criminal laws pertaining to firearms. The training bulletin, drafted by Mr. Davis and available for download at this link, and covers topics of search and seizure, loaded firearm laws, unloaded concealed firearm laws, and the Law Enforcement Officer Safety Act.  Significantly, the mandated training program also includes training on the recently passed “Open Carry Ban” bill AB144 and the 116 exemptions under which unloaded open carry remains legal.
“The training bulletin is designed to educate the department on California’s complex and convoluted firearm laws,” said Jason Davis. “My client sincerely appreciates the assistance of The Calguns Foundation, which made it possible for us to aggressively pursue the case.”
“This case is a reminder that exercising one’s right to keep and bear arms is not a waiver of their right to be free from unreasonable searches and seizures,” said CGF Chairman Gene Hoffman. “The more that California and local governments regulate firearms, the more they will have to train their law enforcement officers – or be held accountable in the courts.”
A copy of the complaint and case filings can be downloaded at this link.
Calguns Foundation is able to help defend innocent California gun owners like Mr. Farias because of the generous tax-deductible donations of our supporters. Please support our many Second Amendment lawsuits and programs by contributing at CGF's Donate Page.
Donations may also be mailed to:

The Calguns Foundation
751 Laurel Street Suite 935
San Carlos, CA 94070-3113
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The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization which serves its members by providing Second Amendment-related education, strategic litigation, and the defense of innocent California gun owners from improper or malicious prosecution. The Calguns Foundation seeks to inform government and protect the rights of individuals to acquire, own, and lawfully use firearms in California. 
 

San Carlos, CA (May 9, 2012) – In an important step to secure the rights of California gun owners, The Calguns Foundation, the Second Amendment Foundation, and two individual residents of California have filed a new federal lawsuit in San Francisco. The case, entitled Churchill, et. al. v. Harris, et al., alleges that the police departments of both San Francisco and Oakland are unlawfully refusing to return lawfully-owned firearms to individuals who have had charges dropped after police investigations proved that they had done nothing wrong.
The ongoing seizure of those firearms is a violation of the Second and Fourth Amendments to the Constitution. What’s more, the departments’ refusal to return property after all charges are dropped is theft.
"In California, the Evidence Code makes it clear that simple possession is proof of ownership of almost all types of common property, including firearms," said Don Kilmer, attorney for the plaintiffs. "The California Department of Justice is misleading police departments in such a way that they violate the rights of gun owners who were investigated and found to not have violated the law."
The Oakland and San Francisco Police departments appear to be relying on a Department of Justice document that is being attached to the required “Law Enforcement Gun Release”, or LEGR, reports indicating that the requester may lawfully own and possess firearms. The document claims that the requesting person has to provide proof of ownership for every firearm when they go to retrieve their seized property.
According to longstanding California law, every firearm seized during a police investigation must be inventoried; a copy of that list is given to the person from whom firearms are seized. Every law enforcement agency knows which person they took firearms from and what specific firearms were taken.
"It's hard enough for a law-abiding gun owner to live through the uncertainty and fear caused by a false allegation or arrest, but to have the very people who are trusted and sworn to serve them then steal their property after they've been exonerated is inexcusable," said Calguns Foundation chairman Gene Hoffman. "Law-abiding Californians should not be forced to seek out expensive legal representation just to get back what is rightfully theirs in the first place."
A copy of the complaint and case filings can be downloaded here. The full docket can be viewed at this link.
To support this and other important Second Amendment lawsuits, please make a tax-deductible donation by secure credit card, e-check, or PayPal at CGF's Donate Page.
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The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization which serves its members by providing Second Amendment-related education, strategic litigation and the defense of innocent California gun owners from improper or malicious prosecution. The Calguns Foundation seeks to inform government and protect the rights of individuals to acquire, own, and lawfully use firearms in California

San Carlos, CA (March 9, 2012) – Continuing its Carry License Sunshine and Compliance Initiative, The Calguns Foundation (CGF) has filed a lawsuit today in Los Angeles Superior Court against Los Angeles Sheriff Leroy “Lee” Baca, the Los Angeles County Sheriff’s Department, and Los Angeles County. The case, entitled Jennifer Lu, et al. v. County of Los Angeles, et al., challenges the Sheriff’s ban on accepting and processing applications for carry licenses submitted by city residents.
The Calguns Foundation is joined in the lawsuit by three individual plaintiffs.
“Sheriff Baca made the unfortunate decision to repeat historical failure,” noted CGF Chairman Gene Hoffman. “Apparently, the Sheriff and County do not feel bound to follow the precedent they set when the California Court of Appeals ruled against them in 1976. We look forward to refreshing their memory.”
In the case of Salute v. Pitchess, the Court held that “[i]t is the duty of the sheriff to make . . . an investigation and determination, on an individual basis, on every application” for a handgun carry license. Then-Los Angeles Sheriff Peter Pitchess had “a fixed policy of not granting applications . . . … except in a limited number of cases.”
California requires that people who desire to carry a handgun for self defense be licensed by the sheriff of the county in which they reside, or, at the applicants’ option, they can apply to their city’s chief of police. However, sheriffs cannot require applicants to first apply to and be denied by a city’s chief of police as a prerequisite to application.
“The State of California very intentionally established a standardized carry license framework: if you’re a sheriff, you have a duty to administer the carry license program for all residents of your county,” clarified Brandon Combs, an officer of CGF and director of the Carry License Initiative. “Sheriff Baca’s intent in enforcing these unlawful regulations is quite clear: make it as difficult as possible for law-abiding residents of Los Angeles County to defend their lives and those of their families. Not only does he treat some deserving applicants differently than others, he uses the rejections by cities’ chiefs of police - that his policy requires - as evidence against the applicants when they apply to him.”
“Jennifer Lu and the other plaintiffs have every reason to desire a handgun carry license, not the least of which is that it is their fundamental right under the Constitution as Federal courts in both West Virginia and Maryland ruled earlier this week,” said Jason Davis, attorney for the plaintiffs. “Sheriff Baca is circumventing state and constitutional law, and we’re confident that this case will bear that out.”
A copy of the complaint and case filings can be downloaded at
The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization which serves its members by providing Second Amendment-related education, strategic litigation and the defense of innocent California gun owners from improper or malicious prosecution. The Calguns Foundation seeks to inform government and protect the rights of individuals to acquire, own, and lawfully use firearms in California.
Contact:
Gene Hoffman
650-275-1015
[email protected]

San Carlos, CA (June 2, 2011)  - As part of its ongoing Carry License Compliance and Sunshine Initiative, The Calguns Foundation sent San Francisco County Sheriff Michael Hennessey a letter demanding that he immediately bring his firearm carry license application acceptance, processing, and evaluation policies into compliance with the law.
In the letter sent Tuesday, Calguns notes that the Sheriff has failed to comply with state law for nearly thirteen years, even after being notified of the deficiency on a number of prior occasions. Calguns also claims that the policies of the Sheriff in issuing licenses to some, including one of his employees, while refusing to accept all applications from “regular” San Francisco residents violates applicants’ constitutional rights of self-defense and equal protection under the law.
“While the Sheriff may have grown accustomed to following only those laws he chooses, we intend to hold the County’s highest law enforcement officer to the same laws he took an oath to uphold,” notes Gene Hoffman, Chairman of The Calguns Foundation. “The rights of San Francisco residents are no less valuable than those of his employees and friends.”
In 1998, then-Assemblymember Rod Wright authored a bill to make firearm carry permit applications consistent across the state due to tremendous variations in local practices by licensing authorities. That bill, AB 2022, established a mandate that all licensing authorities create and publish a written policy on carry license applications by April 1, 1999. It also instituted a specific process that licensing authorities - county sheriffs and city chiefs of police - must use in receiving and processing applications.
“We’ve spent thousands of hours requesting and reviewing the policies and practices of hundreds of law enforcement agencies across the state. Sheriff Hennessey’s, obviously, stood out – it simply didn’t exist,” said Brandon Combs, member of the Board of Directors of Calguns Foundation. “It’s exceedingly frustrating to see the Sheriff turning away so many qualified San Francisco residents who are complying with the law.”
In an effort to avoid litigation, Calguns provided Sheriff Hennessey with a comprehensive model carry license policy. “We would strongly prefer that the Sheriff simply choose to use our model policy, much as San Francisco has done with LCAV policies in the past,” Brandon Combs said. “However, should he choose to go another direction, we’re prepared to litigate as necessary to bring his policies and practices in line with the law.”
A downloadable copy of the model policy is available at this link. CGF's letter to Sheriff Hennessey is located here.
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The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization which serves its members by providing Second Amendment-related education, strategic litigation and the defense of innocent California gun owners from improper or malicious prosecution. The Calguns Foundation seeks to inform government and protect the rights of individuals to acquire, own, and lawfully use firearms in California.

Mission Viejo, CA (May 10, 2011) – The Los Angeles District Attorney’s Office agreed to drop all charges against “open carrier” Ryan Burbridge and is currently considering whether it will oppose a petition for a finding of factual innocence to clear Burbridge’s record. This dismissal comes in the wake of California Assembly Bill 144, which is currently pending and would ban the practice of “open carrying” in California, leaving whether or not individuals can carry firearm in any way for self-defense to discretionary permits issued by law enforcement. Jason Davis and The Calguns Foundation defended Mr. Burbridge.
On March 24, 2011, Burbridge was charged with interfering and delaying an investigation for in incident relating to “open carry” activities. in January, 2011, Mr. Burbridge was lawfully carrying a firearm openly and unloaded in a holster at the Los Cerritos mall. Burbridge was approached by Los Angeles County Sheriffs, who sought to determine whether the firearm was unloaded. They approached Mr. Burbirdge in a secluded hallway away from the view of any witnesses.
“My client questioned the officer’s choice of not permitting his wife or anyone to witness the check of his firearm due to previous harassment by other law enforcement performing similar checks,” said Burbridge’s attorney, Jason Davis of Davis and Associates. “When the officers prolonged the firearm inspection, Burbridge requested that the officers check the firearm, which they did.”
Once the firearm was determined to be unloaded there was no longer any authority for continued detainment, Davis stated. “When the officers requested my client’s identification, Burbridge informed the sheriff deputy that he was exercising his right to remain silent, clarified that detention was over, and walked away with his family.” The entire incident lasted less than four minutes. After the incident, the deputy obtained Burbridge’s license plate number from his vehicle in the mall parking lot to identify Burbridge. Charges were subsequently filed against Burbridge for failing to identify himself and delaying a police investigation. “In other words,” said Davis, “my client was charged for exercising his Constitutional rights.”
Burbridge’s lawyers obtained the support of The Calguns Foundation and opened discussions with the District Attorney’s office in an effort to avoid an unlawful prosecution. “Though the Calguns Foundation encourages individuals to not open carry in urban areas due to law enforcement confusion on the topic, it defends those who are falsely prosecuted for exercising their rights,” said Calguns Foundation Chairman, Gene Hoffman. “Unfortunately, it is this confusion that will likely lead to the passage of Assembly Bill 144. Sheriffs and Chiefs of Police have the ability to exercise their discretion to issue carry permits in a way that complies with the Bill of Rights. Sacramento County, as well as many other jurisdictions in California, show their respect for civil rights by granting carry permits to all law-abiding applicants. Jurisdictions, like Los Angeles County, who consider the Bill of Rights optional, bring upon themselves additional police work and create dangerous situations for their officers by denying people like Mr. Burbridge the right to carry a firearm subject to background checks and training.”
“This incident really opened my eyes to what The Calguns Foundation is doing to support our rights and how easily law enforcement confusion can turn our lives upside down with the stress and turmoil of being falsely prosecuted,” said Burbridge. “Without the involvement of the Calguns community and my lawyers Jason Davis and Jason Shyres, I do not think that I would have had the same result.”
The Calguns Foundation (·www.calgunsfoundation.org) is a 501(c)3 nonprofit organization serving its members through providing Second Amendment-related education, strategic litigation and the defense of innocent California gun owners from improper prosecution. The Calguns Foundation works to educate government and protect the rights of individuals to acquire, own and lawfully use firearms in California.
Contact:
Gene Hoffman
650-275-1015
[email protected]