Guest Commentary
by Michael Schwartz
A development yesterday in a local federal court case will have far reaching implications when it comes to your gun rights.
Peruta v. San Diego County Sheriff Bill Gore is a federal Ninth Circuit court case that was brought against the Sheriff for his policies regarding issuing a concealed weapon permit.
The law requires that in addition to passing a background check, taking a two day class (including a range proficiency test), paying a fee, and completing a thorough application, applicants for a concealed weapon permit must show “good cause”.
Yet, acccording to a 2010 statement by NRA-ILA’s Executive Director Chris Cox, “campaign contributors, personal friends, and select few others who fit his arbitrary definition of ‘good cause’” are the only ones who fit into Gore’s extremist criteria for issuing a permit. The few San Diegans who have been able to obtain a carry permit under Gore are Deputy Sheriff Association members, business owners who carry a lot of cash, or someone who has already been the victim of a crime and can prove a direct threat still exists.
So, if you help raise money for his department, if you’re protecting cash (not your life), or if it’s too late and a crime has already been committed…then Gore will allow law-abiding citizens to practice their right to bear arms.
Three San Diego County residents had a problem with Gore’s policies and decided to sue. The primary plaintiff, Ed Peruta, is a retired, part-time resident of San Diego who sought a permit from every state he travels to via motorhome between Connecticut and California twice a year. He wanted to make sure that he could protect himself and his wife while enjoying their golden years. California is the only state where he was unable to obtain a license to carry a concealed firearm due to Sheriff Gore’s policies.
Jim Dodd is a Santee resident and Navy veteran and Michelle Laxson is a Lakeside resident and hairdresser. Both Dodd and Laxson are long-time San Diego residents, law-abiding gun owners, and wanted to be able to defend themselves. Like so many before them, they too were denied their right to carry by Sheriff Gore. So in 2009, all three sued.
Earlier this year a panel of three Ninth Circuit judges ruled that Gore’s policies are unconstitutional and infringe on the rights of San Diegan’s. It is important to point out that the state’s law was not ruled unconstitutional. Sheriff Gore’s policies were ruled unconstitutional.
California Attorney General Kamala Harris was not involved in the case until after Sheriff Gore decided not to pursue appealing the decision earlier this year. Harris then petitioned the Ninth Circuit Court to continue on with the case in Gore’s place.
Yesterday the Court ruled that the state of California has no “imperative reasons in favor of intervention on appeal,” because this was a case against Sheriff Gore, not California. This is the Court following the law and being consistent in its decision making.
Look for the law firm that won the case yesterday, Michel & Associates, to rightfully sue San Diego County for the hundreds of thousands of dollars it cost to bring it to a conclusion. Because Attorney General Harris was not eligible to take over the case, San Diego County is on the hook for Gore’s legal costs.
Also look for clarification from the San Diego County Sheriff’s department on the process moving forward for issuing a concealed weapon permit.
Despite the fiscal costs to the tax payer, this is a major victory for your right to bear arms.
Schwartz is the volunteer Regional Coordinator for Gun Owners of California
Comments 8
The UT has a great article on this (link below). This is an issue that impacts real friends and neighbors of ours. And it was caused by the bad decision of one elected man who, frankly, has made it a habit of being involved in huge, bad decisions.
In four years we’ll get to make a decision again on who gets to be sheriff. Let’s pick a guy who isn’t so familiar with being a defendant.
http://utsandiego.com/news/2014/nov/12/gun-carry-concealed-weapon-ccw-intervene-ruling/
From the U-T Article:
(With the department’s current resources, Gore said it could take a one to two years to get through the backlog.
“We’ll have to look at our resources,” he said. “Can we put more resources on this? I just don’t know at this time.”)
He still doesn’t get it.
http://www.sdchdsa.org/
This organization is full of retired folks who want to help the Department. Many of them are retired sworn officers and former military.
I’d bet with almost no effort or money, Sheriff Gore could find 10 volunteers to help for a couple weeks and make a huge dent in the amount of applications that have piled up due to his policies. The licensing department is already staffed by civilians, not officers. And most of the people in the SDCHSA have their permit (odd, huh?) so they know the process.
But…this plan would require a sincere interest in following the law and wanting to make sure San Diegans can exercise their rights.
“This organization is full of retired folks who want to help the Department. ”
Arpaio calls that group “the posse” and they do a helluva lot more than meet for lunch once a month. Arpaio, with all of his faults, still understands that government is by, of, and for the People
As a graduate student of public administration I have found it frightening how much power bureaucrats have to use provision of public service to further a personal belief instead of fulfilling their true role in a democracy, which should be an efficient implementation of policy deemed consistent with the constitution by the COURTS. This so-called backlog and limited resource argument are the administrative weapons being used to subvert checks and balances and to highjack our democratic system.
Gore came in on Dads cronyism with Kolender. Kolender felt pressure to annoint the Gore. Rumors swirl round this empty suit. Why did the FBI retire him?
Why is Gore retired? Why will Gore never vacation in Idaho. Ask Idaho Mike why? Yes people we got screwed by Kolender. If all you gunslingers and mudslingers are honest.
We need another Irishman in office. O’Duffy fits the bill well. We need to draft Jim for the next election. Bar nothing..
En banc review request filed. CA AG won’t give up on this. Gore will have his cover for not issuing permits under Second Amendment standard while Harris exhausts her options.