-----Original Message----- >From: Charles Curley <[email protected]> >Sent: Apr 5, 2009 10:08 PM >To: Guy Smith <[email protected]> >Cc: [email protected] >Subject: Re: CCW data set > >On Sun, Apr 05, 2009 at 02:03:02PM -0700, Guy Smith wrote: > >> I may soon testify before a California State Assembly committee on >> the pro/cons of shall-issue CCWs. I doubt I have time to assemble >> the exact data I want, but suspect individuals on this forum may >> have it on hand or could point me to some ready-to-use data set. > >One quesiton that may come up during such discussion is that of >liability. When Wyoming went to a Florida style "shall issue" permit, >we also put the AG in charge of issuing, instead of the sheriffs as >before. The AG opposed us because he didn't want the prospective >liability should a permittee then go out and shoots someone. Not >having the time to research whether such a thing had ever happened, >and if so whether such a suit had ever been sucessful, I simply >pointed out that the "shall issue" language meant that the AG has no >discretion, and so couldn't be held liable. The joint legislative >committee accepted that.
In AZ, it's simpler. State law *broadly* allows suit against state agents and agencies, but one of the exemptions relates to issuing licenses and permits. No suit for those decisions. I suspect the legislative didn't have guns in mind but rather the numerous other state and county issued permits. Didn't want to be sued on grounds someone licensed an incompetent driver, a malpracticing doctor or lawyer, handed a business license to a fraud, etc.,etc. _______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
