Just posted on the OCSD Blog...
IT’S SIMPLE, IT’S THE LAW
Sheriff Sandra Hutchens
As a citizen, I support the 2nd amendment and the rights of law-abiding gun owners. As the Sheriff-Coroner of Orange County, it is my sworn duty to uphold the law and apply it equitably to all people. Recently, there have been some who have questioned my policy on the issuance of concealed weapon permits. I would like to take this opportunity to give you the facts. California Penal Code Section 12025(a) prohibits a person from carrying a concealed firearm. California Penal Code Section 12050 authorizes the Sheriff of a county or the chief of a municipal police department to issue a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person. Penal Code Section 12050 was designed to be an exception to Penal Code section 12025(a)—not a way around it.
Penal Code Section 12050 reads in part: The sheriff of a county, upon proof that the person applying is of good moral character, that good cause exists for the issuance, and that the person applying satisfies any one of the conditions specified in subparagraph (D) and has completed a course of training as described in subparagraph (E), may issue to that person a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person ………
The only guidance on “good cause” is from a 1977 Attorney General’s opinion : Opinion No. CR 77/30I.L. states “the issuing authority must determine whether the threat to the applicant (or other causal situation) is as real as the applicant asserts (e.g., is there a clear and present danger to the applicant, his spouse, his family, or his employees). Finally, if the danger is manifest, the authority should determine whether that danger cannot be significantly alleviated by alternative means of security and whether in fact can be lawfully mitigated by the applicant’s obtaining a concealed weapons license.”
As the Sheriff-Coroner of Orange County, it is my duty to follow the law as it currently exists. Some have argued that I am somehow impacting their 2nd amendment constitutional rights. This could not be further from the truth. My decision to issue or not issue a concealed weapons permit to an applicant in no way impacts that individual’s right to bear arms in their place of business or in their home. In fact, I would encourage those who are concerned about the concealed weapons permit policy to put their energies into getting the law changed. And, if the State of California decides to change Penal Code section 12025(a), I will support that law as well.
I encourage anyone who believes they have good cause to apply for a Concealed Weapons Permit to apply. It’s simple: The decisions I make and those made by the over 4000 members of the Orange County Sheriff’s Department are to follow and uphold the law. I believe that is what the citizens of Orange County want us to do and what I was hired to do.
Chris
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