Sheriff begins taking away concealed weapons permits

[Gladiator]

News: Sheriff begins taking away concealed weapons permits | permits, carona, concealed, county, department - OCRegister.com

Thursday, October 9, 2008
Sheriff begins taking away concealed weapons permits
Hundreds of letters have been sent out advising current permit holders of impending revocation
BY NORBERTO SANTANA JR.
The Orange County Register


The Sheriff's Department has begun the process of revoking hundreds of concealed weapon permits across Orange County.

This week, department officials confirmed that 146 letters have been sent out advising current license holders that their permits to carry firearms in public – called CCWs -- are being revoked. There are currently 1,024 permit holders.

"The Department has determined that your identified risk does not meet the good cause threshold as required under the new CCW policy based upon the information you provided. As a result of this determination, the Department's present intention is to revoke your CCW license," reads the form letter sent out this month.

The letter, sent out under the signature of Captain Dave Nighswonger, advises current holders that if they feel that additional information should be considered they have roughly one month to provide additional good cause information for the department to consider before the revocation becomes final.

This week, county supervisors grilled Sheriff Sandra Hutchens during her 120-day update on the reorganization of the agency about the status of the concealed weapons review.

Hutchens acknowledged to supervisors that she had indeed tightened requirements for the permits but highlighted the fact that no current license had yet been revoked.

But it seems unlikely that those who are getting the letters won't be revoked.

"Most of them are not coming back with the information we need," said Nighswonger. "A lot of them are arguing the second amendment (to the U.S. Constitution)," he said.

Nighswonger said many of the current revocations listed their reason for having a concealed gun as "avid shooter."

That no longer qualifies under Hutchen's new standards.

Under state law, a Sheriff has discretion to issue concealed weapons permits. And under the administration of former Sheriff Mike Carona – whose federal corruption trial starts on Oct. 28 – guidelines for issuing concealed weapons permits were loosened.

Records reviewed by the Orange County Register show that concealed weapon permits soared under Carona, from 38 in 1998 to 468 the next year. By 2006, it was up to 1,400, a four-fold increase.

When Carona took over in 1998, Orange County ranked 34th in terms of the numbers of permits granted. By 2006, Orange County was ranked number nine.

However, the Register also found numerous instances where campaign donors received the permits. A Register analysis of Carona campaign contributions from 1996 to the end of 2001 shows that at least 95 contributors – who gave at least $68,000 - got licenses.

Indeed, the federal indictment against Carona details one specific instance where a wealthy contributor was granted a license under questionable circumstances.

Hutchens has said that connection prompted her to review the policies and tighten the standards.

Her revisions, and the revocation letters, have enraged gun activists who are pressing county supervisors to take action.

"There's a lot of business owners and a lot of gun owners that have had CCWs that have never met Mike Carona or contributed," said Greg Block, a Huntington Beach-based firearms instructor and activist.

He and many activists suggest a different standard: "If you are not a convicted felon, you should be able to get able to get a CCW in California," Block said.

[Gladiator]

So either the SHEriff is lying or the Captain is. Considering I have seen the letters, I think the captain is telling the truth for the MOST part.

Avid Shooters are not the only ones getting the letters. Over half are business people that did not mention "Avid Shooter". They make deposit and deal with cash.

HEY DAVIS!! Don't lie for the other guy (or gal)

[K-dog.v3]

Lets get some comments going on this one........

[Tom98915]

It is in the Orange County Register newspaper and is the article is titled "Sheriff begins taking away concealed weapons permits"


News: Sheriff begins taking away concealed weapons permits | permits, carona, concealed, county, department - OCRegister.com

[G36 Steve]

Originally Posted by K-dog.v3

Lets get some comments going on this one........

Done.

[Diamond Jim]

Commented.

[Dan M.]

I posted links on USA Carry, The Firing Line, The High Road, and DefensiveCarry.

[gravedigger]

Here it comes. No "good cause" for CCW. It would be interesting to collect the DATA about the numbers of crimes committed by CCW holders during the period where the number "soared" to 468 ... Soared?? Less than 500 in a county of how many MILLION people? The sheriff needs to be publicly embarrassed into forced resignation. The people of OC know that CCW holders are not the problem, but they may not know that populations where civilians are allowed to be armed are inherently more safe than places like Chicago.

California is becoming a big socialist experiment. I am seriously considering leaving this state, and moving back to America!

[Diamond Jim]

Originally Posted by gravedigger

The sheriff needs to be publicly embarrassed into forced resignation.

Now that is a CAPITAL IDEA!!!!

[Red Flag]

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

[Dan M.]

Originally Posted by Red Flag

Just posted on the OCSD Blog...

IT’S SIMPLE, IT’S THE LAW
Sheriff Sandra Hutchens

My e-mail to Sheriff Hutchens through the OCSD "Contact us" link:

Dear Sheriff Hutchens,

Your recent blog entry on your actions regarding CCW policy in Orange County is very well stated, but raises a question. Most of the other counties (nearly 40, San Bernardino and Kern being the closest) in California have a looser interpretation of the state law on good cause than does your new policy, or even than former Sheriff Carona's policy. Why do you feel the need to have tighter restrictions than those other counties?

Nearly 95% of the formerly current CCW holders in Orange County have committed no offenses or abuses that would prompt a tighter policy. If public perception is otherwise, wouldn't it be effective (and truthful) to announce to the public that you've investigated and found that the few offenses were committed by "Carona cronies" and that those few CCW holders have been weeded out, rather than cast a doubtful light on all CCW holders as possible cohorts with a corrupt Carona administration?

I had no connections whatsoever to Carona, but because of the new, tighter restrictions, I have been denied renewal of my CCW. Many of my friends and personal acquaintances are receiving similar denials or letters of revocation. Friends from other parts of the state and other states say, "Move!" Surely that will not be your response? You may say "Change the state law." The state law allows you to make the same interpretation as the sheriffs in those other counties with more relaxed policies, yet you've chosen not to.

Why?

Sincerely,

Dan M.
Stanton

I also CCed the BOS.

[PUNK]

great letter Dan M.

[SierraNevadaCCW]

She is a stubborn administrative type who will never ever stop - unless she is out of options.

Can she be fired?

[Tom98915]

Originally Posted by SierraNevadaCCW

She is a stubborn administrative type who will never ever stop - unless she is out of options.

Can she be fired?

To recant what I commented on another thread:
Sounds like you guys in OC you have a self-serving-badge-wielding-anti-gun-democrat rather than a real sheriff who serves the public trust.

I count myself as lucky to have a good sheriff up here. If you can get enough OC resident signatures you can certainly have a sheriff recall and get her fired by the power of your vote if the board of supervisors fails you, and replace the board for that matter if the board fails you. That is a right of the people. I know it's sounds like "yeah, right" but it does make you think of what possible solutions are there.

[Agent of Change]

Have you done a 180, or are you simply restating?



Main Entry: re·cant
Pronunciation: \ri-ˈkant\
Function: verb
Etymology: Latin recantare, from re- + cantare to sing — more at chant
Date: 1535
transitive verb
1 : to withdraw or repudiate (a statement or belief) formally and publicly : renounce
2 : revoke
intransitive verb
: to make an open confession of error