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The Calguns Foundation Defends an Innocent Gun Owner From Charges, Secures Settlement From Calexico

The Calguns Foundation has not only successfully defended California gun owner Ian Farias from wrongful criminal charges filed by the Calexico Police Department, but they also secured a $35,800 Settlement from the City of Calexico in a Federal civil rights case…

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 case shows the confusing state in which we find California’s gun laws. While we don’t expect beat cops to be lawyers, we do expect them to know what is and isn’t illegal. The California Legislature is making this increasingly impossible for the State’s law enforcement officers with regard to firearms. Mr. Farias was arrested for doing something that I’ve done countless times: Carrying a shotgun in Imperial County. I do this every September 1st and 2nd hunting doves. As a taxpayer, I don’t expect a police officer to have to stand there at the side of the road, scratching his head, trying to make heads or tails out of the Legislature’s confusing gun laws.

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By Steve – May 19, 2012

They say this like it’s a bad thing

The folks at Huff-n-Puff just don’t get it. Increasing freedom is a good thing.

Posted in Legislation, News, Self-defense.

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By MC Staff – May 3, 2012

Meanwhile, over in the kiddie pool…

Until today, I didn’t realize that they have a kiddie pool over at Huff-n-Puff. Then I came across this whiney piece by a student named Jess Coleman. By the way, they’re called students because they lack education. L’il Jess showed his woeful need for an education with his explanation of what the 2nd Amendment really means. You know that part where it says “the people”? That apparently really means “The National Guard”. Madison and all of those dead White guys were actually worried about the Army reserve being unable to defend itself against the Army.

Just to recap: Students are called students because the lack an education.

Posted in News, Politics.

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By MC Staff – April 30, 2012

A legitimate question

Larry Bell at Forbes asks a legitimate question: Will a president Romney stand our ground against 2nd Amendment attacks?

The presumptive GOP nominee was at the NRA convention speaking to the membership. Bell points out that Romney needs to woo conservatives to his cause and that gun owners are a large and important part of that constituency. Gun owners have reason to question Romney’s commitment to protecting our right to keep and bear arms. In 2008 he attempted to distance himself from the NRA and gun owners.

So what should a gun owner do?

Obama is clearly an unacceptable choice. He’s an anti-gun politician’s politician. But to be blunt, Romney may be no better. And while I think that he’ll beat Obama like a drum, he may lose. So gun owners, and more generally conservatives and libertarians, need to think about Plan B. Plan B in this case is a Congress that simply will not cooperate with an anti-gun president, no matter what his name is. For NRA members, this means watching for your election issue of your NRA magazine with candidate recommendations for 2012. Support Representatives and Senators who support you. And remember that not all of them will have a little “R”after their names.

Posted in News, Politics.

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By Steve – April 26, 2012

Some ruminations on gun-grabber silliness

I just saw an op-ed piece at the NYTimes with a common bit of gun grabber silliness. This particular opinion column had the formulaic I’m-a-hunter-but anti-gun construction that NYC liberals like to see. I guess it helps them to convince themselves that they aren’t the anti-Red-state bigots they really are. But I digress…

The writer proudly proclaimed that as a hunter and sportswoman, she doesn’t own guns for self defense. The implication here is that a gun is unsuitable for private ownership if it cannot be used for some sporting activity. To believe this, however, we must then believe that the Founders meant to protect a right to keep and bear sporting goods with a Constitutional amendment. This is as silly as saying that the 2nd Amendment was intended to protect the National Guard that wouldn’t exist for another century or so.

Adding to the goofiness is the author’s belief that if your handguns are confiscated, she’ll still be allowed her hunting rifle. Sorry sweet cheeks, but that “sniper rifle”of yours will have to go too.

Posted in Hunting, News, Politics, Self-defense, Shooting sports.

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By Steve – April 25, 2012

Hunger Games Star Chides PETA

From NRA-ILA: Hunger Games Star Chides PETA

The Hunger Games star Jennifer Lawrence has some choice words for the whack jobs at PETA…

In discussing a scene in the film where Lawrence guts a squirrel, the star told Rolling Stone magazine that the scene was not faked: “I should say it wasn’t real, for PETA. But screw PETA.”

It should also be noted that Miss Lawrence’s role has started a resurgence in interest in archery; particularly among young girls. We rarely see shooting or hunting portrayed in a positive light in Hollywood. Seeing the consequences of government run amok portrayed on film is rarer still. And there are still 2 more films to go in the series.

(On a side note: Some parents may be wondering if The Hunger Games is appropriate for young children. It most certainly is not! I would, however, recommend it for teens. While the message that an all-powerful government will drift into tyranny may not be the one the film makers or the writer intended, it is the message that gets delivered. Our country would do well if our children got to see that message on screen; especially as teenagers and especially before “higher education” gets a crack at them!)

Posted in Hunting, News, Politics, Shooting sports.

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By Steve – April 17, 2012

Anti-Gun Season Starting in the California Assembly

Contact Members of the state Assembly Committee on Public Safety!

Firearm season has started in the California Assembly.  Around the same time every year, the California Legislature starts assigning firearm bills to committee.  This year is no different.  The state Assembly Committee on Public Safety is expected to hear two anti-gun bills this Tuesday, March 27 at the State Capitol in room 126 at 9:00 a.m.

Assembly Bill 1527, introduced by anti-gun state Assembly Member Anthony Portantino (D-44), would expand on last year’s ban on open carrying of an unloaded handgun to also include unloaded rifles and shotguns.

Assembly Bill 2182, introduced by state Assembly Member Norma Torres (D-31), would require that a person be arrested if they inadvertently attempt to bring a firearm through an airport TSA checkpoint and ban that person from entering that airport in the future.

Please call AND e-mail members of the state Assembly Committee on Public Safety TODAY and urge them to OPPOSE AB 1527 and AB 2182.  These bills do nothing to prevent crime and are only trying to stop law-abiding gun owners from exercising their Second Amendment rights in California.

Members of the state Assembly Committee on Public Safety:

Tom Ammiano (D-13) – Chairman
To send an e-mail, click here.
(916) 319-2013

Steve Knight (R-36) – Vice Chairman
To send an e-mail, click here.
(916) 319-2036

Gilbert Cedillo (D-45)
To send an e-mail, click here.
(916) 319-2045

Curt Hagman (R-60)
To send an e-mail, click here.
(916) 319-2060

Holly J. Mitchell (D-47)
To send an e-mail, click here.
(916) 319-2047

Nancy Skinner (D-14)
To send an e-mail, click here.
(916) 319-2014

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By Steve – March 24, 2012

AG Holder: “Brainwash people about guns”

Anti-gun extremist Eric Holder, now the US Attorney General with a salary paid for with your tax dollars, had this to say about gun ownership back in the ’90s…

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By Steve – March 24, 2012

California: NRA/CRPA-backed Pro-Gun Legislation Needs your Support Now

Contact your state Legislators Today!

Last year, the NRA and its state affiliate, the California Rifle and Pistol Association (CRPA) supported Senate Bill 610, a major concealed carry policy revision, and it was enacted into law.  For 2012, the NRA and CRPA are supporting the following NRA/CRPA-initiated bills:

Senate Bill 1367, introduced by state Senator Jean Fuller (R-18), would allow a concealed carry permit holder to carry concealed for self-defense while archery hunting.  California law already allows permit holders to carry concealed during firearms seasons.  SB 1367 has been assigned to the state Senate Natural Resources and Water Committee.

Senate Bill 1567, introduced by state Senator Doug La Malfa (R-4), would REDUCE the current firearms transfer waiting period from ten days to “instant” for persons licensed to carry a concealed firearm. SB 1567 is expected to be assigned to the state Senate Public Safety Committee.

Senate Bill 1569, also introduced by Senator Fuller, would REDUCE the current firearms transfer waiting period from ten days to three days. SB 1569 is expected to be assigned to the state Senate Public Safety Committee.

To pass these new pro-gun bills and defeat any anti-gun bills that we may be facing in 2012, it is critical that you start calling your state legislators in Sacramento TODAY!  We are going to need to make the maximum effort to get our pro-gun bills passed and to elect more pro-Second Amendment supports to the legislature in the upcoming elections.  Please call AND e-mail members of the state Senate Natural Resources and Water Committee and urge them to SUPPORT SB 1367.  Members of the committee can be found below:

Fran Pavley (Chairman)
Doug La Malfa (Vice Chairman)
Anthony Cannella
Noreen Evans
Jean Fuller
Christine Kehoe
Alex Padilla
Joe Simitian
Lois Wolk

Please call AND e-mail members of the state Senate Public Safety Committee and urge them to SUPPORT SB 1567 and SB 1569.  Members of the committee can be found below:

Loni Hancock (Chairman)
Joel Anderson (Vice Chairman)
Ron Calderon
Tom Harman
Carol Liu
Curren Price
Darrell Steinberg

Please start calling your state Senator and Assembly Member and urge them to stand against anti-gun legislation by SUPPORTING SB 1367, SB 1567 and SB 1569.  Contact information for your state Senator and Assembly Member can be found here on the right side of your screen. 

Posted in Hunting, Legislation, Pro-gun, SB1367, SB1567, SB1569, Shooting sports, State.

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By Steve – March 24, 2012

Gun control in France

France has some of the toughest gun control laws on the planet. And yet, their laws suffer the same flaw that gun laws everywhere suffer: Only the law-abiding obey them.

The Al Qaeda-linked terrorist Mohamed Merah was already being watched by French security; and yet, he was still able to buy black market guns. In fact, illegal guns in France outnumber legal firearms by over 2 to 1.

Merah proved what we have known in the US for years: Criminals aren’t stopped by gun laws. Murder is already illegal, so why would a murderer choose to obey a gun law and not the law against murder?

But, the French promise to do what anti-gun liberals here always try to do; pass more ineffective gun laws.

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By Steve – March 23, 2012

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