Lawsuit Drafted Against Riverside Sheriff for Violating Bane Act, 2nd & 14th Amendment, & Constitutional Rights?
Recently a Riverside county resident alleged their civil rights were being violated by the Riverside County Sheriff while they attempted to acquire their CCW permit, as they are fully eligible and entitled to do. The citizen alleges several violations of California Penal Code, California Civil Code, The Bane Act, The Second & Fourteenth Amendments, California Government Code, and the CA Public Records Acts.
The Riverside County resident states he was coerced into providing his SSN on an application by Riverside Sheriff, when he complained the Sheriff colluded to cover things up, and then they maliciously denied him his CCW permit, citing a false positive on his background check and that they were using their “discretion” and not issuing him his CCW permit, despite California “shall-issue” status and the precedent set by Ninth Circuit’s decision in the case of Young v. Hawaii, which was decided in July 2021, after the Bruen case.
In the Young case, the Ninth Circuit Court of Appeals held that Hawaii’s requirement for applicants to provide a social security number when applying for a license to carry a firearm violated the Second Amendment. The court found that the requirement was not necessary to determine an applicant’s eligibility for a license and that it could deter individuals from applying for a license.
California Penal Code section 26190 specifies that an applicant for a CCW (Carry Concealed Weapon) permit is not required to provide their social security number as a condition of issuing a permit. The law states that an applicant may voluntarily provide their social security number to facilitate the background check, but it is not mandatory.
Subsection (e) of section 26190 explicitly states that an applicant for a CCW permit is not required to provide any information on the initial application other than that which is necessary to complete the application. This information may include the applicant’s name, address, place of birth, telephone number, and California driver’s license number or California identification card number, if any.
The Bane Act is a California law that prohibits the use of threats, intimidation, or coercion to interfere with someone’s constitutional or statutory rights. The exact text of the Bane Act, found in California Civil Code section 52.1, states:
“(a) If a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the peaceable exercise or enjoyment of the right or rights secured.”
Therefore, the Bane Act prohibits using threats, intimidation, or coercion to interfere with someone’s constitutional or statutory rights, including the right to refuse to provide certain information, and provides a civil remedy for individuals whose rights have been violated.
Alleged violations by Riverside County Sheriff:
- UNLAWFUL DENIAL OF CCW PERMIT
- VIOLATION OF FOURTEENTH AMENDMENT
- VIOLATION OF SECOND AMENDMENT
- VIOLATION OF BANE ACT
- VIOLATION OF CALIFORNIA PENAL CODE SECTION 26190
- VIOLATION OF CALIFORNIA PENAL CODE SECTION 26202
- VIOLATION OF CALIFORNIA GOVERNMENT CODE SECTION 11135
- VIOLATION OF CALIFORNIA CIVIL CODE SECTION 52.1
- VIOLATION OF THE CALIFORNIA PUBLIC RECORDS ACT
A draft of the unknown citizen’s proposed complain has been posted with the statement that it will be filed PRO SE if necessary. He has named himself “John Doe” for the time being. It appears it not a matter of if the Riverside County Sheriff made mistakes and violated his civil rights, but rather how badly was he harmed.
Lawsuit Drafted Against @RSO for Violating Bane Act, 2nd & 14th Amendment, & Constitutional Rights?
A Complaint Has been filed with @RobBonta @CivilRights — @WhiteHouse @GavinNewsom @JoeBiden @VP #civilrights #SecondAmendment #guns #news #California https://t.co/UmJ8VTfwA1 pic.twitter.com/H3G0PocgNk
— Creative Geniusess ™ (@creativegeniuse) March 28, 2023