CONGRESSMAN HUNTER ASKS SHERIFF GORE FOR CLARITY ON CONCEALED GUN PERMITS

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By Miriam Raftery

November 20, 2017 (San Diego’s East County) – San Diego County Gun Owners (SDCGO), a political action committee promoting Second Amendment rights, has long opposed what it contends is an undisclosed internal policy on who can qualify for a concealed carry weapon (CCW) permit. SDCGO says that Sheriff Bill Gore routinely denies CCW permits to law-abiding, trained county residents who qualify under state law for a CCW.

In June, the U.S. Supreme Court ruled in favor of Sheriff Gore in a lawsuit filed by Edward Peruta, who had been rejected for a concealed carry permit because he could not prove good cause to show that he was at risk of harm.  The high court upheld an appellate court decision which found that the 2nd Amendment does not provide a constitutional right to carry concealed weapons. 

“Based on the Supreme Court’s decision today, the ruling by the 9th Circuit Court of Appeals will stand and the procedure of obtaining a license to carry a concealed weapon within the County of San Diego will continue as it has since the 1980s,” said Sheriff Gore after that decision.   San Diego’s policy requires county residents to demonstrate good moral character and `good cause’ and complete a training program in order to obtain a permit, the Sheriff clarified, adding, “As always, anyone who believes that they may have circumstances which place them in harm’s way, and necessitate the ability to carry a concealed firearm, can apply for a license/ Good cause is evaluated on an individual basis.”

Though Gore won the court case, gun rights groups are calling on the Sheriff to voluntarily make changes to the policy, arguing that too few permits are being issued.

 Earlier this year, the Santee City Council, in a unanimous 5-0 vote this summer, agreed to SDCGO’s request and sent a letter from the Council asking Gore to accept “self-defense” or “personal protection” to fulfill the state's good cause requirement on the CCW permit application. SDCGO says that sheriffs and police chiefs throughout California’s 58 counties routinely issue CCW permits for “self-defense” and “personal protection” as good cause.  

 Now, San Diego Congressman Duncan Hunter (R-Alpine) has sent his own letter to Gore in support of SDCGO. Hunter’s letter thanks Gore for working to make small changes to his policy, but is asking Gore to clarify the CCW application process to be “an objective application process.” In his letter, Hunter states, “I am a proud member of the San Diego County Gun Owners.” Hunter’s 50th congressional district includes portions of East County and the back country.

Hunter’s letter to Gore says, “To better meet the needs of law-abiding, sane, trained San Diegans who want the choice of self-defense outside the home, I encourage you to utilize the authority granted to you by the State of California to make your `good cause’ policy inclusive and the procedures associated with this process more understandable and easy to follow.”

 In his letter, Hunter criticized the Sheriff’s website as “confusing” when determining what is acceptable and not acceptable in a “good cause” statement.

Hunter’s letter states: “This section does not make clear what specific information is required in order for an applicant to submit an appropriate statement. The description provided does not answer the very basic questions of who and how one would qualify in order to obtain a CCW permit. Consequently, many responsible citizens who would otherwise qualify for a permit have trouble in successfully navigating this important portion of the process.” 

In addition, the Congressman notes, “Family protection is a fundamental issue both to my constituents and to me. I have always been a vocal supporter of our 2nd Amendment and, throughout my career, both in the Marine Corps and in Congress, I have worked to defend the freedoms of every American. In this spirit, I reviewed the process by which an average citizen of San Diego County would apply for and obtain a CCW to protect his or her self and family. The fact of the matter is that it is extremely difficult for most law-abiding, sane and trained people in San Diego to obtain a CCW for self-protection outside of their homes.”

Hunter noted that only approximately 1,500 CCWs have been issued to San Diego County residents, a number Hunter called “troubling” in a county of 3.5 million. “While I recognize that raw data does not always provide a complete representation, I do find these numbers troubling,” Hunter’s letter said. In comparison, SDCGO says in Orange County has more than 12,000 CCWs in a county of 3.17 million residents.

Michael Schwartz, SDCGO executive director, said state law gives clear requirements for those seeking a CCW. Applicants are required to pass a criminal background check, complete a state-mandated curriculum on firearms safety and law, pay a fee, and state a reason on the “good cause” portion of the permit application. “Sheriffs and police chiefs have unfettered discretion in determining `good cause,’ and most of them accept `self-defense’ or `personal protection’ as good cause,” Schwartz said. He contends that Gore’s “undisclosed internal policies have resulted in denial of application after application from law-abiding, trained county residents who qualify for a CCW. Gore has been misleading the public by saying he is restrained by state law or court decisions, which is false.” said Schwartz. “We met and he did make some changes, but the policy is still very unclear to the average person.”  

Gore, 70, has been San Diego County's top law enforcement officer since 2009, when the San Diego County Board of Supervisors appointed him to replace retiring Sheriff William Kolender. Gore, elected in 2010 and 2014 when he ran unopposed, has been campaigning for a third four-year term in the 2018 election.

ECM asked Sheriff Gore to comment for this story.  Ryan Keim at the Sheriff’s department provided this response: “The Sheriff's Department is committed to ensuring the procedure of obtaining a license to carry a concealed weapon within the County of San Diego is as efficient and consistent as possible. As with many of the important issues facing law enforcement, the Department will continue to partner with our community stakeholders towards our shared goal of keeping San Diego County residents as safe as possible.”

Keim added, “As always, anyone who believes that they may have circumstances which place them in harm's way, and necessitates the ability to carry a concealed firearm, can apply for a license with the Sheriff's Licensing Division. Good cause is evaluated on an individual basis. Instructions for applying for a concealed carry license can be found at http://sdsheriff.net/licensing/ccw.html.

But Schwarz fires back, “There is no law or court case preventing Sheriff Gore from changing his internal policies to allow self-defense and personal protection to fulfill California’s requirement of good cause. It would be helpful if the Sheriff at least defined the minimum requirements that constitute good cause. Having totally subjective and vague requirements to obtain a permit is bad government.”

At a recent meeting of a Republican women’s club, however, Sheriff Gore stated that he is working to broaden definitions to issue more concealed gun permits, Times of San Diego reported on November 17th.   

We’re really trying to broaden the categories and not be a stickler as far as waiting for an actual threat,” Gore told the group, noting the case of a female real-estate agent who once confronted him.  “She said: ‘Sheriff, I’ve had a gun my entire life. I know how to shoot it. I grew up with guns. In the nature of my business, I’m out … doing open houses, and I don’t know who’s going to walk through that door.” The Sheriff added, “We shouldn’t have to have her get a threatening email from somebody (to prove she needs a CCW).”  He called that a “perfect category” for expanding the definition of “good cause.”

Not everyone agrees with the gun owners’ point of view on loosening requirements for gun carry permits.

Kamala Harris, former Attorney General for California and now a U.S. Senator, appealed a lower court ruling and won the victory at the Ninth Circuit Court of Appeals in the case.  She stated after that decision, “The devastating impact gun violence has on our communities underscores the need for common sense gun safety laws.” She called the ruling “a victory for public safety and sensible gun safety laws.”

Concealed carry laws also drew scrutiny after the mass shooting at a concert in Las Vegas, where concealed carry permits as well as open carry of weapons including semi-automatic guns are legal.

Do concealed carry weapons make society safer, or more dangerous?  Studies offer conflicting reports, according to a June 2017 article in the Atlantic.

 A 1997 study by the University of Chicago found concealed carry permits to be “the most cost effective method of reducing crime…”

But in the 20 years since then, other studies have  concluded that the opposite is true: that these right-to-carry laws lead to higher rates of violent crime.  A June 2017 study by the National Institute of Research concluded that “Ten years after the adoption of RTC laws, violent crime is estimated to be 13-15% percent higher than it would have been without the RTC law.”

Comments

Carrying Concealed

Apparently East County Magazine has opted to join the press conglomerates in the ongoing attempt to brainwash Americans into banishing guns while ignoring the fact that our founding fathers felt that the right to keep and bear arms was so vitally important that they addressed that right as the Second Amendment...as in the most important right after free speech, freedom of the press, and freedom of religion. An example is provided by East County Magazine falsely claiming that concealed weapons carry laws have gone under scrutiny after the Law Vegas shootings. Nothing having to do with that incident had anything to do with anyone carrying a concealed weapon. The shooter was not carrying a concealed weapon, nor an open-carry weapon. Nor would it have mattered if every single person in that crowd was armed as nothing other than an armed incursion into that room could have brought the gunman down. Instead, that event spotlights that our government puts a huge amount of effort into preventing law abiding persons from acquiring and appropriately using weapons instead of focusing on enforcing laws already on the books that prevent people like that madman from acquiring firearms. East County Magazine trumpets the nonsensical phrase of the month, "common sense gun safety laws" by quoting politician Kamala Harris who it appears was selected because she's a talking head for billionaire Michael Bloomberg, more than likely given that he, and those he's associated with, buy elections for those politicians that actively promote his efforts to totally disarm America. How convenient it is for East County Magazine to claim supposed studies that conclude that CCW laws have caused an increase in violent crime that Miriam Raftery conveniently leaves nameless. The one “study” she did name was supposedly done by an organization called the National Institute of Research. You'd think from the name of this supposed organization that it has some form of prominence, perhaps even being an arm of our federal government. But Google the name and you'll find that it doesn't exist. Miriam Raftery's failure to do her homework, or an intentional act of deception? If there was some form of published paper that purports that a study was done, I can guarantee that the name of the supposed organization was made up, that there was no study ever undertaken to support the claimed results, and that it originated from the Bloomberg money machine. But if Google never heard of this supposed institute, how did she? While supposed journalists like East County Magazine's Miriam Raftery fail to objectively report facts and, instead, use their byline to promote a political agenda, it is refreshing that there are politicians like Duncan Hunter that exist to provide an air of TRUE common sense and who call for 100% adherence to our country's Constitution. The right to defend ourselves, our families, and innocent people around us is as basic a right as there is. Sheriff Gore refuses to acknowledge that right, opting instead to unilaterally decide who has the right to defend themselves from an attack based on who has provided a "good enough" reason on their CCW application. Effectively he is playing God. You can bet that any of his buddies, cronies, and his supporters...particularly those that contribute money to his reelection...get to have whatever they want. It appears, though, that there is more common sense at work on the east coast than in California (big surprise, right?) that will flush Gore's CCW policy. Washington DC had a similar policy which recently failed in an appellate court. That city has been ordered to issue permits to anyone who lawfully may possess a firearm without requiring any reason for the permit’s issuance. With Bloomberg's help, the fight is likely going to the US Supreme Court where Washington DC will fail there as well. If so, THAT will truly be a common-sense gun safety ruling that finally shut Sheriff Gore down.

Gun Control

Good read, Gore not allow permits to be issused! He just spends years in court & thousands of dollars defending his opinion in court! This article does not mention the man running against Sheriff Gore, in 2018! He will issue permits!

Oligarchy

Gore states above, "...and I don’t know who’s going to walk through that door.” None of us do. Yet, Gore is armed and his office building has armed deputies and a metal detector at the door. The courts mentioned above have armed bailiffs, metal detectors and an overwhelming number of judges/lawyers with CCW's. Kamala's office has metal detectors and armed Capitol Police. The CA state legislature has an armed Master of Arms and metal detectors. Jerry Brown has an armed CHP officer standing outside his office door, as well as metal detectors. Our County Board of Supervisors have armed deputies and metal detectors at the building entrance. In other words, our oligarchy has made sure THEY are well protected from anyone who walks through the door....yet the rest of us cannot be trusted to protect ourselves or our families. Hey Miriam, how about putting in a CPRA request and write an article on all the politicians, judges, lawyers, et al in San Diego County who have been granted a CCW by SDCO?