Guest Commentary
by Michael A. Schwartz
As Richard Rider posted earlier, today the 9th Circuit Court of Appeals issued the decision linked here against San Diego County Sheriff Gore. In summary…Gore’s internal policies regarding issuing concealed carry permits are unconstitutional.
The case was brought by a part-time San Diego resident Ed Peruta. Ed decided he wanted to spend his golden years traveling across the country in his RV with his wife. In order to protect himself and comply with various state laws, Ed applied for concealed weapon permits in the various states he planned on spending time. All went well until he applied in San Diego, California, the city where he would spend the most amount of time. The San Diego County Sheriff’s office clerk wouldn’t even take his application.
According to California Penal Code 26150-26225 a person is issued a concealed weapon permit as long as the applicant is of good moral character (can pass a background check), good cause exists for issuance of the license, the applicant is a resident of the county, the applicant has completed a course of training, and pays all the necessary fees. The “good cause” part leaves a lot of room for interpretation and is left to the county’s sheriff to determine. Sheriff Gore decided “good cause” to be a business owner protecting cash or a specific threat (like the applicant had filed a restraining order against someone) or a member of the San Diego Honorary Sheriff Association (SDHSA). The SDHSA is a group whose members pay hundreds of dollars a year in membership fees to help raise money for the San Diego County Sheriff’s Department. The majority of residents who could pass a background check and took the two-day safety class (including a range test) would be denied based on their lack of “good cause”.
Ed didn’t have “good cause” according to Sheriff Gore and was denied a permit after fighting with them to even take his application. So Ed sued. The case picked up a few more plaintiffs including the NRA’s California affiliate the California Rifle and Pistol Association (CRPA) and lost in court. The judge decided that as long as San Diegans have the option to carry a firearm not concealed (referred to commonly as “open carry”), the sheriff is not compelled to issue a carry license. Most forms of “open carry” were banned by the Democratic Party controlled state legislature in 2011 so the case was appealed based on the new “open carry” ban. Arguments were heard and today a decision has been issued.
Much of the decision was based on the Heller vs. D.C. Supreme Court decision that affirmed the Second Amendment is a right of the individual and MacDonald vs. Chicago that affirmed the Heller decision is against the states too. A quote from the decision that sums it up well is, “Put simply, a law that destroys (rather than merely burdens) a right central to the Second Amendment must be struck down.” And that is what Sheriff Gore’s policies did; they destroyed a right.
It is important to understand that the NRA/CRPA made sure this case was against Sheriff Gore and not California. Sheriff Gore’s policies were found to be unconstitutional. Do they comply with state law? Yes. But so would issuing concealed carry permits. Sheriff Gore chose not to follow the Constitution and fought against those who brought it to his attention. He followed his own anti-gun prejudices, personal bias, and bigotry. What the Court has confirmed with this decision is that we are a country of laws, not men.
What does this decision mean to you the reader? Go to the SD County Sheriff headquarters and apply for your CCW. It’s your right. And join the NRA and CRPA.
Schwartz is a Second Amendment activist