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Report a Problem with California Dept. of Justice (DOJ)

As a response to an increasing number of reports of apparently improper conduct on the part of the California Department of Justice towards those seeking to acquire firearms for self-defense - protected activity under the Second Amendment to the United States Constitution - The Calguns Foundation has established an incident and issue reporting form, accessible at http://calgunsfoundation.org/get-help/report-ca-doj.html.

The information collected will be used to track the type and number of incidents and, where necessary, allow us to contact those whose rights may have been violated or otherwise damaged by the DOJ.

All those with urgent firearms-related incidents, such as arrests or seizures of property, should continue to contact us through the Calguns Foundation Help Hotline at http://calgunsfoundation.org/get-help/help-hotline.html.

Calguns Foundation Defends Innocent Gun Owner From Criminal Charges, Secures $35,800 Settlement from City of Calexico in Federal Civil Rights Lawsuit

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 http://bit.ly/donate_to_cgf.

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.

Contact:

Gene Hoffman
650-275-1015
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

CGF Sues San Francisco, Oakland Police Departments and CA DOJ Over Seized Firearms

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 http://bit.ly/calgunsfdn_donate.
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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.

Contact:

Gene Hoffman
650-275-1015
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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Report a Problem with California Dept. of Justice (DOJ)

Calguns Foundation Defends Innocent Gun Owner From Criminal Charges, Secures $35,800 Settlement from City of Calexico in Federal Civil Rights Lawsuit

CGF Sues San Francisco, Oakland Police Departments and CA DOJ Over Seized Firearms

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