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  #1 (permalink)  
Old 03-16-2009, 03:03 PM
THATCH THATCH is offline
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Default Got the Love Letter from Sandy

Back in November I received the "Intent to Revoke" letter from our friend Captain Nighswonger. He invited "additional information" regarding any identifiable risk factors that would mitigate the department's intent to revoke my permit. I responded with several factors, including an indirect threat from a party on the opposite side of a lawsuit I'm currently involved in (I'm representing plaintiff in the matter). Over the weekend, I received the "give it up voluntarily or lose it automatically" letter.

Evidently, the good Captain didn't feel that threats to lawyers are sufficient to justify the permit (truth is, I doubt that anyone in the department even read my letter as nothing in their most recent missive makes reference to my reasons being insufficient). I wouldn't be surprised if the pervasive attitude in the department these days is one that includes the idea that the world probably has too many lawyers already and removal of one or more would have a positive effect on society.

My question is; where do I go from here? Has anyone made the decision re "voluntary early expiration" versus "revocation"? I'm obviously concerned with the potential ramifications of revocation (particularly with respect to my law license) but I am loathe to give them the green light to arbitrarily subject my permit to "voluntary early expiration". Any word from NRA attorneys (or any other attorneys for that matter who have a better grasp on this issue than I do)? I've looked at the arguments re the Breach of Contract argument and tend to agree with the theory. There's no basis for revocation absent consideration and if we're talking monetary consideration, it better be beyond the couple of hundred bucks I spent in classes, permit fees etc.

I welcome any input, particularly from those (if any) who have already made the expiration vs. revocation decision and the reason(s) for the decision. This is kinda like the DMV revoking ones driver's license because they instituted a new requirement that everyone has to pass a Class "A" semi-truck/trailer driving test and if you fail, your class"C" license is revoked. Humbug!!
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Old 03-16-2009, 03:49 PM
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I am anticipating the same correspondence you have received and have decided in advance to take a/the revocation. I am at a point in my life that I can no longer tolerate the idiots that think they are in command when in fact, we the people, pay the bills. I will pursue this revocation through all legal avenues and unfortunately, end up paying for the county's wrongs through increase in taxes or continued erosion of service, and having to pay for the front end legal fees to follow this issue. I am only one person, but I will make a statement regarding this abuse of this office has given its law abiding citizens.

I hope this helps you in your decision.

I am not an attorney and I did not know Mike Corona.
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Old 03-16-2009, 05:06 PM
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Quote:
Originally Posted by THATCH View Post
...and if we're talking monetary consideration, it better be beyond the couple of hundred bucks I spent in classes, permit fees etc...
Absolutely! Anyone who either turns in their CCW or gets it revoked must absolutely be made entirely whole for all expenses and fees associated with obtaining that CCW, not just a pro-rated reimbursement of the CCW fee.
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Old 03-16-2009, 07:32 PM
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THATCH....with your background, I'd say you would have a better "where-with-all" to discover the correct answer(s) to your questions....
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Old 03-16-2009, 07:36 PM
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Quote:
Originally Posted by Barky View Post
I am anticipating the same correspondence you have received and have decided in advance to take a/the revocation. I am at a point in my life that I can no longer tolerate the idiots that think they are in command when in fact, we the people, pay the bills. I will pursue this revocation through all legal avenues and unfortunately, end up paying for the county's wrongs through increase in taxes or continued erosion of service, and having to pay for the front end legal fees to follow this issue. I am only one person, but I will make a statement regarding this abuse of this office has given its law abiding citizens.

I hope this helps you in your decision.

I am not an attorney and I did not know Mike Corona.

Good for you!
While I cannot yet imagine what this must be like for you to make this decision and I am here with you in spirit. I can only hope there will be many more along shortly to express their backing also. Especially others who are being revoked. You all must stand together.
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Last edited by EM2 : 03-16-2009 at 07:39 PM. Reason: spelling
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Old 03-16-2009, 08:38 PM
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Default and...

...I can't wait to help get Sandy's badge revoked.

Hopefully by the time we get done with her she'll be so defeated she may not even want to live in Orange County, hopefully send her horse-arse to Temecula (soon to be Shall-issue-like, we hope).

Wait - would Sheriff Jay have any say in whether she gets a CCW post retirement or not?
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Old 03-16-2009, 09:03 PM
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THATCH......stay the course!
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Old 03-17-2009, 06:25 AM
GlockPI GlockPI is offline
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Quote:
Originally Posted by glbtrottr View Post
...I can't wait to help get Sandy's badge revoked.

Hopefully by the time we get done with her she'll be so defeated she may not even want to live in Orange County, hopefully send her horse-arse to Temecula (soon to be Shall-issue-like, we hope).

Wait - would Sheriff Jay have any say in whether she gets a CCW post retirement or not?

Isn't Temecula in Riverside County and Jay LaSuer in San Diego County? If so, he wouldn't have any say so on her CCW.
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Old 03-17-2009, 08:17 AM
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glbtrottr glbtrottr is offline
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Default Temecula

For some reason, I always thought it was in San Diego County

Just saw it was in Riverside - interesting... That's what happens when you're new to the big OC!
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Old 03-17-2009, 09:00 AM
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Thatch, it sounds to me like you would have a good run at a TRO. That would be interesting.
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Old 03-17-2009, 09:04 AM
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Quote:
Originally Posted by Barky View Post

I hope this helps you in your decision.

I am not an attorney and I did not know Mike Corona.
But are you a law professor??? You have three more minutes....
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Old 03-17-2009, 10:17 AM
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Quote:
Originally Posted by NikNak View Post
But are you a law professor??? You have three more minutes....
I apologize, I am not a Law Professor...
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Old 03-17-2009, 03:51 PM
THATCH THATCH is offline
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I've given thought to a number of options; TRO being one of them. I'd love to hear from the NRA attorneys regarding the feasibility of a multi-plaintiff action (perhaps even a class-action filing) including injunctive relief pending the litigation. It certainly appears to me to be anticipatory breach of contract. One thing I have decided . . . to paraphrase the late Mr. Heston et al. ; I'll voluntarily have my permit subjected to "early expiration" when they pry it from etc. . . . they'll have to revoke it and I'll take my chances!

P.S. I too am not a law professor . . . no reputable law school would have me.
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Old 03-17-2009, 04:03 PM
PUNK PUNK is offline
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IF, one day I am in the same shoes as many others....

They will have to REVOKE me and take my permit.

I did nothing wrong, therefore there is NO WAY will i ever just hand it over to be expired.
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Old 03-17-2009, 04:34 PM
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Quote:
Originally Posted by PUNK View Post
IF, one day I am in the same shoes as many others....

They will have to REVOKE me and take my permit.

I did nothing wrong, therefore there is NO WAY will i ever just hand it over to be expired.
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