General Public Interest

Update on the Right to Carry a Concealed Weapon

Posted on February 21, 2014 by Caroline Anderson - Senior Support Specialist

In the recent case of Edward Peruta vs. County of San Diego, 10-56971, (February, 2014), the U.S. 9th Circuit Court of Appeals held a private citizen may carry a firearm in public for self-defense pursuant to the Second Amendment of the U.S. Constitution.

As a general rule, one previously could not carry a concealed weapon in California unless an application was first submitted to the County Sheriff’s Department and the right to do so was granted. One had to show good moral character and establish good cause after completion of a gun training class. In San Diego County, however, good cause has been strictly construed. In fact, establishing that one is concerned about their own personal safety would not suffice. The Sheriff has required one to prove a sufficiently pressing need for self-protection different than the mainstream population. In order to obtain a concealed carry weapon permit (CCW) in San Diego, one heretofore had to prove a unique risk of harm

The 9^th Circuit Court of Appeals concluded the right to bear arms within the Second Amendment affords one the right to carry a concealed weapon outside of their home for self-defense. In doing so, the Court determined the interpretation of good cause by the Sheriff in San Diego County infringed that right. This is a significant victory for gun owners. Nonetheless, the current policy and procedures will, likely not change due to an appeal to the U.S. Supreme Court that will no doubt be filed by officials of San Diego County.

Handshake or Fist Bumping – Which Do You Prefer and Why?

Posted on January 14, 2014 by Caroline Anderson - Senior Support Specialist

Most of us will agree a handshake is the best way to express a connection with another person. It is a way to send a message; whether in addition to a verbal “hi” or “hello” it is most often deemed a sign of thoughtfulness &/or affection. Although many individuals may not like to be touched, a handshake is a gesture with limited and accepted physical contact; and, it is commonly considered to be humanizing as in “I am extending my hand, please do the same.”

In fact, there are different types of handshakes that can even be labeled as such: The Squeeze where the other’s hand is grabbed or squeezed in a very strong handshake. It is directly or indirectly used to evince power or to intimidate. The Sandwich involves putting a friend’s hand between your two hands. It is most often intended to make the other person feel important. Then, there is the Tenacious, a handshake in which the other’s hand is held without moving or releasing it while staring at that individual’s eyes. Clearly, there are different inferences that can be drawn depending upon the corresponding verbal or visual cues. In some cultures, there is the Kiss which is an opportunity to show respect and/or admiration by kissing the hand of another person.

Fist bumping has become a popular alternative in which one lightly taps their fist against the front of the other person’s fist, or bumps one’s fist on top of the other’s fist. Some proponents claim fist bumping is as good or even better than hand shaking and still creates a social connection because of other factors, such as the facial expression, demeanor, how long the bump is and/or the degree of force applied (but clearly not used to hurt the other).

Opponents of the handshake claim more bacteria are transmitted with a handshake than fist bumping. They maintain it exposes over three times the hand surface area as a fist bump, the contact averages almost three times longer and, therefore, a hand shake should be limited. They further note that even after washing our hands, 80% of us will retain some form of disease-causing bacteria. But, proponents of the handshake claim that getting germs helps develop immunity, and aside from the societal and cultural values identified above, hand shaking is actually good for our health.

The major concern to the opponents of hand shaking is the increased numbers of people exposed to infectious disease. There are many medical conditions that carry an extraordinary risk of infection unless antibiotics are used. For example, severe burns are highly susceptible to infection. Many procedures require suppressing the immune system, such as in helping to destroy cancer or to keep viable a transplanted organ; these treatments make individuals vulnerable to infection and, therefore, antibiotics have to be used to reduce the threat. Also, antibiotics are administered as a prophylactic prior to countless types of surgeries and operations, and are used when performing C-sections and prostate biopsies. While treatable for decades, the ability of antibiotics to be useful more recently has diminished and/or become extinguished for some conditions. Without antibiotic drugs, physicians will become unwilling to perform increasing numbers of operations and procedures.

In summary, opponents of the handshake have demonstrated concerns about the germs that are passed by what otherwise would seem an ordinary action. They identify the serious consequences when bacteria are resistant to antibiotics. In addition to the emergence of antibiotic-resistant bacteria is the fact 80% of all antibiotics are used on farm animals. To varying degrees chickens, cows and pigs in the United States, and fish and shrimp in foreign countries, are given regular doses of antibiotics to protect them from disease, but also to increase their weight and speed their growth.

Because now is a time of concern about drug-resistant bacteria and almost untreatable infections (such as MRSA), the proponents of fist bumping are making a concerted effort to show how it can lead to decreased transmission of bacteria and hence fewer colds and infections. Then, less reliance can be had on antibiotics and in turn a more healthy society. Is fist bumping a better alternative to a handshake?

What are the Rights of Transgender Students in California?

Posted on December 31, 2013 by Caroline Anderson - Senior Support Specialist

Effective January 1, 2014, transgender students in kindergarten through the 12^th grade must be accommodated. The new law prohibits public schools from discriminating on the basis of gender, gender identity and/or gender expression. This means public school students must be allowed to play on sports teams, participate in extracurricular activities and choose which bathrooms and locker rooms they want to use based upon their gender identity and not their biological sex. California is the first state to pass such a law.

Opponents of the law claim they have collected enough signatures for an initiative that would be up to the voters to decide in November, 2014 whether to repeal the law. If that number when counted in the next week or so is reached, the law will be suspended in the interim. They contend it violates the sensitivities and rights of privacy of the vast majority of students for a tiny few. In addition, they assert the new law could easily be abused since it does not require a transgender student to have an established history, but it would allow anyone to summarily and suddenly claim they are a girl to use the girl’s facilities (and vice versa).

The proponents of the new law have argued, and the state legislature and Governor either expressly or impliedly agreed, there should be no distinction between boys and girls activities, bathrooms and/or locker rooms, as they only serve to discriminate against and, therefore, alienate transgender students.

The California School Boards Association contends existing state and federal anti-discrimination laws mandate such policies and practices even if the new law is repealed, and since 2003 school districts have decided on a case-by-case basis whether and how to accommodate transgender students.

On August 12, 2013, Assembly Bill 1266, Chapter 85 was signed into law by Governor Brown. The complete text of the law can be read by clicking the following link: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1266

Should You Sign Up for a Store Credit Card (this holiday season)?

Posted on November 27, 2013 by Caroline Anderson - Senior Support Specialist

Have you ever purchased an item at a store and the salesperson asks “would you like to apply for a (name of the store) credit card? If so, you can save (they will stipulate anywhere from 5%-20%) on this purchase.”

One issue to consider is whether you should first survey credit cards in the open market to see whether the store credit card is a worthwhile card to have. Some stores offer incentives such as a discount on purchases the day in question or provide a coupon for a future purchase when you open the credit. However, there are credit cards that often have lower interest and that can make a huge difference when you have a (continuing) balance due: notably some cards have interest in the range of 9%-15%, while others are 18%-22%. Additionally, far too often some individuals already have too many cards with large balances due &/or continue to incur debt and find themselves in a situation they cannot realistically extricate themselves in the near future, if at all. In other words, the escalating balances that are due on credit cards are combined with monthly interest (and perhaps late fees at times) that grow at high interest rates to offset any monthly payment; some people find they owe more at any given time after making monthly payments even if they do not purchase anything else on the particular card. Also, your credit score can be lower (evidencing a higher risk to creditors) when one reaches or is close to reaching his/her limit on the card. This is known as the utilization rate; it is better to have a large dollar amount as “available credit” than to max out on your card(s).

Today, it is not uncommon for one to earn “rewards” with credit cards. Some offer miles on airlines while several offer cash back when you reach a certain dollar amount of purchases after a given period of time, and others simply pay cash back once a year. You should evaluate whether the rewards are only good at the store in question and/or are rewards you realistically can and will use in the future.

Lastly, it is not advantageous to be applying for credit from multiple sources as each time one does so it can negatively impact a credit score. Some individuals discover when they desire to refinance their home, get a line of credit and/or purchase a big ticket item such as an automobile or home there are extra points (charges) to the loan because of this noted in their credit history. The same is true if one applies at multiple banks for a loan as the credit bureaus use this to lower a credit score as they deem you a bigger risk.

In short, when you are shopping for holiday gifts this season, keep in mind the number of cards you already have when applying for any new credit cards and how close in time of such applications. It cannot be overstated, however, that it is beneficial to pay off as many cards as you can, and to try and spend only what you have in cash.