5 votes

San Diego Sheriff Will Not appeal Ninth Circuit Court's decision

Ex FBI Sheriff Bill Gore will not seek a hearing. Good, because I would have had only one word for him- RECALL!

Here's his response:
"Dear Supervisors:
On Thursday February 13, 2014, the Ninth Circuit Court of Appeals issued an opinion in the case of Peruta, et.al v. County of San Diego, et.al concluding that the State of California's requirement of "good cause," in cases where an applicant wants a firearm for personal protection, impermissibly infringes on the Second Amendment right to bear arms in lawful self-defense. In its opinion, the Ninth Circuit defined the issue on appeal as "whether a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense." In so doing, the Ninth Circuit took an exhaustive look at the history of jurisprudence surrounding the Second Amendment, and more specifically what it means to "bear arms." It is clear, given the 2-1 split in this opinion, as well as the split among Federal Circuits across the Country, that there is no easy answer on which everyone will agree.
The decision by the Ninth Circuit has found that the Second Amendment requires that states permit some form of firearm carry for self-defense outside the home. Additionally, the Ninth Circuit went on to emphasize that "nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession '—or carriage—' of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”
Since becoming Sheriff, I have always maintained that it is the legislature's responsibility to make the laws, and the judiciary's responsibility to interpret them and their constitutionality. Law enforcement's role is to uphold and enforce the law. The legislature certainly has the power to amend California's firearm carry process, and the Ninth Circuit has the ability to bring its own motion to rehear the decision of the three member panel en banc. However, while the court's decision clearly involves a question of exceptional importance, and conflicts with decisions of other United States Courts of Appeals, the opinion provides clear guidance in the context of issuing CCWs in California.
Therefore, I see no need for me to petition for a hearing or rehearing en banc in order to be able to carry out my duties as Sheriff of San Diego County. As a result, I have advised the Office of County Counsel that I will not seek such a hearing.
Should the decision of the Ninth Circuit become final, the Sheriff's Department will begin to issue CCW's in situations where the applicant has met all other lawful qualifications and has requested a CCW for purposes of self-defense."

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The Sheriff still doesn't get it

CA State law was never challenged, only the Sheriff's over reaching, personal interpretation of good cause.

Thanks for the info

Bill Gore said:
"Law enforcement's role is to uphold and enforce the law."

Really? If he is under constitutional capacity then it is not just his role but his binding duty to uphold the law he stands liable for. He voluntarily obliged himself to that duty.

Also, his office won't uphold and enforce article 1 section 10 of the US Constitution. His office also will not bring justice to known documented 'court' commissioners who have and continue to commit criminal perjury in open court and who openly practice law from the bench in violation of Rule 4.100 Cali rules of court. His office won't enforce these laws and I know because I have already pursued justice with his office and justice has been DENIED! SDSO has also allowed deputies to work on joint operations for DEA medical marijuana raids wherein they aided and abetted in theft people's property and levied drug war upon the people of the United States in violation of Article 3 Section 3 of the US Constitution and in violation Cali Constitution and statutory codes.

SD Sheriff's Office can go eat a dick; they are violators of law not enforcers of law and I hold the proof of these facts in hand. They have nullified any claims to official capacity while in violation of the law so IMHO there is no possible way to recall a man who actively stands in breach of duty because he has no valid lawful claims to that capacity while in breach.

The most powerful Law of Nature is Time. It is finite and we all will run out of it. Use this Law to your advantage, for it offers you infinite possibilities...

Couldn't agree more

I also hold proof in hand where they violate State Vehicle Code inside my city limits. CVC and my City Ordinance is clear, they cannot pull over anyone NOT behind the wheel of a government owned vehicle or a vehicle engaged in commerce for a traffic violation.

Yes they missed the most important law of all

Organic law:

"That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed"

They lost the fact that the meaning in law is just=lawful and that lawful powers from consent of the governed means they can only have lawful agency when re-presenting on behalf of a liable principal accuser from the governed NOT government. Any action upon the anyone not derived directly from the governed is not lawful and realizes fraudulent claims under color of law. In their ignorance of law their actions have become lawless and tyrannical in nature and have now devolved into nothing more than a criminal racket that is a danger to the people's security. All other crimes they commit are derived from this failure to understand law. Of course ignorance of law is not a defense.

I have committed myself to pursuing justice every time they injure me with their colorable actions and to fully identify and document them and their criminal acts for the purpose of seeking proper justice through our juries. I have also explicitly informed them that I am conducting a criminal investigation of them and it is my intent to bring those who injure me to justice.

I recommend you build libraries of proof of their crimes every time the opportunity presents itself. Every time they enter our lives' is an opportunity to collect more criminal evidence against them and the evidence can be VERY powerful when one is clear they are strategically questioning them to gather evidence of their crimes. We can turn the whole scenario around on them where We the People are enforcing and upholding the law with proper investigations and justice before our juries. If the people hone in on utilizing the proper path of justice to uphold our laws then this is where I believe liberty will be maintained NOT in politics. I believe the people actually seeking proper justice with our juries for every false and fraudulent claim they make, every crime or violation they commit is their worst nightmare that is not manageable for them in the bigger picture. IMHO this is the path I see forward for the liberty movement.

Protect the law and the law will protect you. I wish you luck on your own journey to justice.

The most powerful Law of Nature is Time. It is finite and we all will run out of it. Use this Law to your advantage, for it offers you infinite possibilities...