CLICK THIS LINK TO READ THE JOINT PROTECTIVE ORDER ISSUED BY THE COURT
CLICK BELOW TO HEAR & VIEW:
AUDIO CLIP WITH GRAPHICS THAT SAYS IT ALL
I believe that this webpage will be viewed by members of law enforcement including members of the San Diego Sheriff's Department,
Information on this page is for everyone to read together with audio clips & graphics which don't lie.
CLICK HERE TO ACCESS Clayton Cramer's HISTORICAL INFO. ON THE SECOND AMENDMENT
CLICK HERE TO ACCESS ADDITIONAL INTERESTING INFO SUPPLIED BY Clayton Cramer
Listen and Read information at the links listed below
AUDIO CLIP PART 1 - November 2008 Margaret starts the interview
AUDIO CLIP PART 2 - November 2008 Donna Burns takes over the interview
AUDIO CLIP - November 2008 The decision that started this entire situation Facts regarding visits
to Sheriff's Department supported by information at these links and with other evidence available
AUDIO CLIP Initial Interview where they maintained that I was NOT a resident
12.05.08 Request to Sheriff's Department for CLARIFICATION on issues including RESIDENCY
12.09.08 Letter from Sheriff's Department regarding request of 12.05.08
02.02.09 Second Request for CLARIFICATION To Sheriff's Department
02.03.09 Snotty accusatory letter received from Sheriff's Department Attorney
02.06.09 Letter to Sheriff's Department Attorney after receipt of his hostile accusatory letter.
03.07.09 Recommendation of Millie Faiai to deny CCW by SDSO
03.16.09 Recommendation of Blanca Pelowitz to deny CCW by SDSO
03.17.09 Denial Letter from Blanca Pelowitz
03.20.09 Notice of intent to appeal the denial and a request for a hearing
03.24.09 Formal letter of appeal filed by Attorney Neuharth
04.14.09 POINT by POINT rebuttal to Sheriff's Department denial of my CCW application
AUDIO CLIP April 30. 2010 CCW Hearing where they denied my appeal regarding my CCW application
CCW INSTRUCTOR ISSUE: 11.17.09 Email documentation on attempts to have CCW course
and instructor status approved by the San Diego Sheriff's Department approved
11.19.09 Complaint filed today with County Law Enforcement Review Board and Sheriff's
12.07.09 Facts regarding the minimum requirements to received a CCW in California
10.23.09 Federal Civil Complaint Filed
11.12.09 Cover Page for Motion to dismiss
11.12.09 Sheriff's Motion to Dismiss
11.12.09 Laws submitted with Motion
12.07.09 Opposition to Motion to Dismiss with Points and Authorities
12.14.09 Sheriff's response to Plaintiff's opposition to Motion to Dismiss
01.14.10 Judge's ruling on motion to dismiss (18 Page decision in PDF)
01.20.10 Defendant's answers to the complaint (received by not yet posted)
01.21.10 Court's order for Early Neutral Evaluation
04.22.10 Proposed AMENDED Complaint with additional Plaintiffs
05.12.10 Order for Settlement Conference on August 11, 2010
SMART ATTORNEY'S DON'T ASK QUESTIONS UNLESS' THEY
ALREADY KNOW THE ANSWERS
06.25.10 Request for Admissions
06.25.10 Request for Documents
06.25.10 Interrogatories made to San Diego Sheriff's Dept.
06.25.10 Order allowing Amended Complaint
07.08.10 Joint motion for Protective Order
07.09.10 Sheriff's Department's Response to Amended
07.09.10 San Diego County Response to Amended Complaint
07.09.10 Sheriff Gore's Claims of Insufficient Information
07.14.10 Order granting Motion for Protective Order
07.27.10 Peruta Joint Discovery Plan
A Case Management Conference was held on 08/06/2010
08.31.10 County Response to Interrogatories and Discovery
From these documents forward
information may NOT be posted due to the existing
PROTECTIVE ORDER IN THIS CASE
Brochure showing the mobile home
1. Residency
a. My wife and I have maintained a single room residence in a private dwelling at
3151 Driscoll Drive for approximately 15 plus years except for the period when our
room was used to hospice the mother of Lois Sigafoos-Peruta.
b. We have owned our current mobile residence since January of 2006 when we replaced
a previous mobile home residence both of which were registered in California.
c. I have done extensive research on the issue of residency vs. domicile and attempted on
several occasions both verbally and in writing to get a clarification on the issue from the San
Diego Sheriff’s Department without success.
d. We have wintered in San Diego annually since the fall of 2007 in our mobile residence
except during the period following our granddaughter’s birth in June of 2007.
e. We travel back to our primary domicile in CT during the summer months to visit with family.
f. We occasionally travel to and spend time at our Florida residence while traveling between
Connecticut and California.
g. A California Identification card listing a San Diego address was issued in my name by the
California Department of Motor Vehicles.
h. I possess photographs, various financial records and witnesses that document periods of
residency in San Diego County going back to the mid to late nineteen nineties with personal
computerized database documentation since approximately 2002.
PROVISIONS OF CALIFORNIA PENAL CODE
SECTIONS 349, 2027, 2032 and 12050
DEFINING, AND EXPLAINING
“RESIDENCE” AND “RESIDENCE IN A TRAILER OR VEHICLE”
CALIFORNIA PENAL CODE SECTION 349.
(a) "Residence" for voting purposes means a person's domicile.
(b) The DOMICILE of a person is that place in which his or her habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning. At a given time, a person may have only one domicile.
(c) The Residence of a person is that place in which the person's habitation is fixed for some period of time, but wherein he or she does not have the intention of remaining. At a given time, a person may have mORE THAN ONE RESIDENCE.
CALIFORNIA PENAL CODE SECTION 2027.
The place where a person's family is domiciled is his or her domicile unless it is a place for temporary establishment for his or her family or for transient objects. Residence in a Trailer or vehicle or at any public camp or camping ground may constitute a domicile for voting purposes if the registrant complies with the other requirements of this article.
CALIFORNIA PENAL CODE SECTION 2032.
Except as provided in this article, if a person has MORE THAN ONE RESIDENCE and that person has not physically resided at any one of the residences within the immediate preceding year, there shall be a rebuttable presumption that those residences in which he or she has not so resided within the immediate preceding year are merelY RESIDENCES as defined in subdivision (c) of Section 349 and not his or her domicile.
CALIFORNIA PENAL CODE SECTION 12050.
(a)(1)(A) The sheriff of a county, upon proof that the person applying is of good moral character, that good cause exists for the issuance, and that the person applying satisfies any one of the conditions specified in subparagraph (D) and has completed a course of training as described in subparagraph (E), may issue to that person a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person in either one of the following formats: (i) A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person. (ii) Where the population of the county is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in that county a pistol, revolver, or other firearm capable of being concealed upon the person. (B) The chief or other head of a municipal police department of any city or city and county, upon proof that the person applying is of good moral character, that good cause exists for the issuance, and that the person applying is a resident of that city, and has completed a course of training.
2. Good Cause
a. Several current and retired Chief’s of Police, together with other current and retired sworn
members of law enforcement suggested strongly that I obtain and carry a firearm for protection
while living and residing in a Recreational vehicle.
b. I believe that I have good cause to justify a CCW and will stand the reasons stated.
c. I believe that possessing a CCW and carrying concealed justifies Good Cause and is in the best
interest of California citizens and member of law enforcement due to the application and training
requirements that are not mandatory for Unloaded Open Carry.
d. Black’s Law Dictionary lists sufficient cause under “good cause.” Good cause is defined as
“[a] legally sufficient reason. Good cause is often the burden placed on a litigant (usually by court
rule or order) to show why a request should be granted or an action excused.” Black’s Law
Dictionary 8th Ed.
3. Moral Character
a. There are public officials and private citizens with unimpeachable credentials that were and
are currently prepared to offer opinions on the moral character of Edward Peruta.
b. References were supplied to the San Diego Sheriff’s Department as part of the CCW application.
c. NONE of the references provided as part of the CCW application were contacted to inquire about
or determine my moral character as part of the application process.
d. My background and suitability to purchase, possess and carry firearms openly and/or concealed
has been investigated, reviewed and approved by at least three State issuing law enforcement
agencies in Connecticut, Florida and Utah.
e. Good moral character is also defined as: "A pattern of behavior that is consistent with
the community's current ethical standards and that shows an absence of deceit or
morally reprehensible conduct." BLACK'S LAW DICTIONARY 701 (7th ed. 1999).