Newest articles on The Sacramento Press tagged as "gun permits"

DELAY IN WEAPONS PERMIT SUIT AGAINST SACRAMENTO SHERIFF

2009-09-02T06:08:59Z

Summary resolution of the Federal suit filed last May 5 against Sacramento Sheriff John McGinness and others, Sykes v. McGinness, was delayed by a September 1 written order from Judge Morrison C. England Jr. His decision gives time to the defendants to determine whether the plaintiffs are qualified to bring the suit, and also waits for a decision from the Ninth Circuit Court of Appeals, rehearing the case of Nordyke v. King.

In the Nordyke case, a gun show operator challenged an Alameda County decision to ban gun shows from using the county fairgrounds to hold shows. The appeals court said that the Second Amendment applied to states, just as most of the other provisions in the Bill of Rights do, but that the county's interest in security at its facilities was a legitimate reason to prohibit gun shows.

If the ruling that the Second Amendment restricts what states can do stands, then in the western states under the jurisdiction of the Ninth Circuit, individuals have a personal Constitutional right to bear arms. That principle was established by the U.S. Supreme Court in the 2008 case of District of Colombia v. Heller, but the court limited its application to the case before it, since the District of Colombia is a federal district, not a state.

If courts determine that individuals have a Constitutional right to bear arms, then any action by a state (or any lesser government subdivision, such as county or municipal agencies) that infringes on that right must pass a "strict scrutiny" test, requiring the agency to establish a compelling reason to justify any restriction. While the immediate impact of such a ruling in this suit would be to place a nearly impossible burden on the sheriff should he try to restrict permits based on his definition of "good cause" for a permit, many California laws restricting firearms would be subject to challenge as well.

For example, California bans many weapons based purely on cosmetic features or caliber, neither of which have been shown to have any bearing on criminal use. Further, California may soon require that guns incorporate a "microstamping" technique that purports to make empty cartridges traceable to a particular gun, but there is no evidence showing that this will reduce crime in any way, since it is untested and speculative. Also, such a feature could be easily disabled. However, it would make guns prohibitively expensive, creating an extreme burden on the individual. A court challenge to such a requirement would require the state to show evidence to justify it.

Judge England wrote in his order that the Ninth Circuit's decison in the Nordyke case will directly affect the issues in Sykes v. McGinness. Even if the court strikes the initial decision, it is unlikely to rule that the Second Amendment does not apply to the states. In that event, Judge England would have to make a decision as to whether it does apply, and no matter what the ruling on that issue, the losing side would no doubt bring the matter back to the Ninth Circuit for a further ruling. A number of such cases are being brought in various places in the country, based on the Heller decision, so ultimately, the matter will no doubt be resolved by the U.S. Supreme Court.

El Dorado Sheriff race: 4 of 7 promise "Shall Issue" concealed weapon permit policy

2009-08-30T19:19:48Z

At a August 28, 2009 public forum in Placerville, four of the seven candidates promised to institute a policy of issuing concealed weapon permits to any residents who take the training and pass a background check, vowing that "self-protection" will be considered adequate "good cause" for requesting a permit. Those candidates are John D'Agostini, an investigator with the Amador County District Attorney's Office and a former Amador County sheriff's deputy, Larry Hennick, who served 32 years with the El Dorado County Sheriff's Department, Craig Therkildsen, a captain with the Sheriff's Department, and Stan Perez, retired chief of the California Highway Patrol's Valley Division.

Three other candidates gave answers that were non-committal. Ernest Hillman, retired El Dorado County undersheriff, would only drop the requirement to submit three letters of reference. George Nielsen, Placerville police chief, would help applicants articulate "good cause," not eliminate the requirement. Bob Luca, retired chief of the California Bureau of Investigation, said he favors a "shall issue" policy, but the sheriff must abide by state law.

All seven are declared candidates for Sheriff Jeff Neves's seat, as he said he will not run in 2010

El Dorado County Supes Favor Liberal Concealed Weapons Permits

2009-08-28T23:07:54Z

At their meeting August 25, 2009, all members of the El Dorado County Board of Supervisors voted to approve a resolution asking "that the duly elected or appointed El Dorado County Sheriff adopt and maintain a fair and equitable “Shall Issue” policy for the issuance of CCW licenses." The resolution does not have the force of law, but essentially criticizes the Sheriff's recent policy of not recognizing "self protection" as "good cause" to issue a concealed weapons permit to persons otherwise qualified.

The resolution focuses attention on the Sheriff's discretion to issue or deny concealed weapons permits, an issue that begins to loom large in the current race for El Dorado County Sheriff. At least two of the current seven candidates have expressed strong support for granting permits upon request to individual citizens who wish to carry a concealed weapon and can meet the qualifications for training, experience, and background. Such a policy is referred to as "Shall Issue," and is in effect in 38 other states in the United States and in many counties in California. Two states require no permit whatsoever.

The concealed weapon permit controversy is driven by two considerations. First is self-protection; in many El Dorado County areas, the Sheriff's response time is very long, and so has a limited deterrent effect on crime. Also, the Ninth Circuit Court of Appeals, which determines Federal law questions in California, recently decided that the Second Amendment right to bear arms is an individual right, as is the right to free speech or to assemble, and should not be infringed without a compelling government interest. As the experience in jurisdictions which adopt a "Shall Issue" policy is that crime diminishes when citizens can more readily obtain concealed weapons permits, the argument is that restrictive issuance policies do not serve any legitimate purpose.

SHERIFF MAY START ISSUING WEAPONS PERMITS

2009-08-21T02:15:09Z

Sheriff John McGuinness may soon begin issuing more concealed weapons permits, if his statements to the board of supervisors and to talk-show host Eric Hogue are to be believed. Currently, on the sheriff's website, he explains that "[t]he mere fear of victimization, or desire to carry a firearm, shall be insufficient good cause to issue a gun carry permit." However, faced with cuts that would require lay-offs of deputies, McGuinness said, "If we wind up with six patrol cars patrolling the entire county of Sacramento, I have no choice but to make some changes in terms of the issuance of concealed weapons permits." (http://hoguenews.com/?p=904)

Recently, the sheriffs of Sacramento and Yolo Counties were sued in Federal court. The lawsuit, brought on behalf of Pink Pistols advocate Deanna Sykes and others, alleges that the current policy violates the US Constitution in a number of ways, and should be declared unlawful. For example, two people working in Sacramento might be unequally treated, based on arbitrary reasons, even if they have the same backgrounds and qualifications. One person, living in Folsom, cannot ever obtain a concealed weapon permit for personal protection, but his neighbor living a short distance away in El Dorado Hills can have one for the asking, as the El Dorado County Sheriff is not so restrictive. However, if the El Dorado Hills resident moves to Folsom, Sheriff McGinness will immediately revoke his permit.

Plaintiffs believe their case is so clear, based on recent cases from the Ninth Circuit and the US Supreme Court, they have asked for a Summary Judgment ruling. A hearing on that request will be held September 24, with a decision due a few months after. Additionally, the law itself may change. Pending legislation, AB 357, will require issuance of permits upon request by qualified, responsible persons.