Explore The NRA Universe Of Websites

California: Let the Orange County Sheriff Know you Oppose her Flip-Flop Decision to Stop Issuing CCWS

Friday, April 3, 2015

California: Let the Orange County Sheriff Know you Oppose her Flip-Flop Decision to Stop Issuing CCWS

A monumental February 14, 2014 ruling from the Ninth Circuit Court of Appeals in the NRA sponsored case of  Peruta v. San Diego County found that the San Diego County Sheriff’s policy of refusing to issue licenses to carry firearms in public absent proof of a special need is unconstitutional. In response, some California counties, including Orange County, wisely changed their policies about issuing carry licenses from a restrictive “good cause” standard that few could meet, to one that accepts personal self-defense as sufficient “good cause.”

Before the Peruta decision came down, Orange County Sheriff Sandra Hutchens had issued just 940 licenses to carry and received only about 500 new applications per year. Her issuance policy was very similar to the one challenged in Peruta, requiringapplicants to show proof of specific threats, such as a police report or a protective order, to prove they were in immediate danger before she would issue them a license. In the year since the Peruta ruling and Sheriff Hutchen’s acceptance of an essentially “shall issue” standard, the sheriff’s department has been swamped with applications, with over 4,000 in just the first three months. The only change in Orange County from previous years was that “self-defense” was being accepted as “good-cause” for getting a license.

 Back to the Future in the O.C.

In 2008, then-new Orange County Sheriff Hutchens instituted her original CCW issuance policy, which was far more restrictive than those that existed under her predecessors. In the process, she revoked many already issued licenses and caused a firestorm of protest. Hutchens was grilled by the Orange County Board of Supervisors, because they did not support her making it more difficult to get a carry license, and they were angered by Hutchens’ decision to revoke hundreds of licenses that she deemed lacked “good cause” after she redefined that term.

Back then, Sheriff Hutchens claimed that she was just “following the law” when she restricted the issuance of CCWs. But the lawyer advising her in 2008 was a biased gun control advocate who gave a legal opinion saying her discretion was limited that was contrary to both historical interpretation and statewide practice. NRA and CRPA attorneys explained why his legal position was wrong, and then worked with law enforcement officials and the lawyers for the sheriff’s association, who agreed. Nonetheless, Sheriff Hutchens stuck with her restrictive issuance policy–that is, until the Peruta decision came down.  

But the recent order of the Ninth Circuit to rehear the Peruta case by an 11 judge “en banc” panel means the 2014 opinion is no longer binding. This has prompted Sheriff Hutchens to unnecessarily choose to revert back to her old policy.

 

Late on Friday of last week, Sheriff Hutchens released the following statement:               

 

The Peruta v. County of San Diego panel decision has been withdrawn by a decision to rehear the case en banc in the Ninth Circuit Court of Appeals.

 
New applicants, and those applicants currently in process, will be required to articulate their safety concerns and provide supporting documentation in accordance with the Orange County Sheriff’s Department’s (OCSD) Policy 218. Each application will be evaluated individually based on the merits of the applicant’s good cause statement and the totality of their circumstances.
 
CCW Licenses issued under the previous Peruta standard of good cause are lawful and will not be recalled. Current licensees may be required to provide supplemental information and documentation in support of their good cause statement when they attempt to renew their CCW license. All renewal applications are subject to the legal standards at the time of renewal.
 
Prospective applicants are encouraged to attend their scheduled appointments and submit their CCW applications for consideration. Applications approved after Thursday, March 26, 2015, are subject to the good cause requirement in OCSD Policy 218.

 

While Sheriff Hutchens is not revoking anyone’s license yet, she is subjecting those who are currently in the application process to her sudden policy reversal. The problem with raising the bar this way, setting aside the issue of unconstitutionality, is that those applicants dedicated time and money believing that they would be treated properly by Sheriff Hutchens, only to have the game changed midway. To add insult to injury, most of these applicants have been waiting several months just to be able to get an interview for their application.

Still more egregious is that Sheriff Hutchens does not have to do this! She is not legally obligated to enforce a strict definition of “good cause” for a carry license. Any Sheriff can choose, as a policy matter, to accept the rationale of the Peruta decision voluntarily, even if they are not required to do so by the court. Sheriffs have the discretion to accept self-defense as “good cause” for a carry license and many California sheriffs do! For years, many California sheriffs have been affecting “shall-issue” regardless of the status of the Peruta case. What Hutchens is effectively saying is that restricting carry licenses is her policy preference!

Orange County residents should not stand for this! Orange County residents are encouraged to contact Sheriff Hutchens and respectfully tell her you do not support her choice to revert to a strict CCW policy. Call or submit a complaint today, and tell your friends and family to do the same.

 

Call the Public Affairs Office of the Sheriff: (714) 647-7042

Submit a complaint to the Sheriff here.

Also let the Orange County Board of Supervisors know that you oppose the Sheriff’s policy change here.

 

NRA Backed Litigation Against Sheriff Hutchens

Even before the Peruta decision was issued, and in response to continuing complaints from Orange County firearm owners and Second Amendment civil rights activists over Hutchen’s restrictive CCW policy, in September 2012, attorneys for the NRA filed a lawsuit in federal District Court challenging that policy. That case is McKay v. Hutchens. Like Peruta, the lawsuit seeks to compel Sheriff Hutchens to issue licenses for self-defense. That case was stayed pending final resolution of Peruta, and is still currently stayed. But if Peruta is upheld, the court in the McKay case will be bound by it.     

              Help Us Help You

Please help us fight for your right to choose to own a gun for sport, or to defend yourself and your family. CRPA and NRA work together in California to fight for you in Sacramento, in cities and counties across the state, in regulatory agencies, and in the courts. Even with the generous rates that our team of civil rights attorneys, legislative advocates, experts and consultants grant us, these ongoing efforts are still expensive. You can support our pro-Second Amendment efforts in California by donating to the California Rifle & Pistol Association Foundation (CRPAF). CRPAF is a 501(c)(3), so contributions to CRPAF are tax-deductible. Or donate to NRA Legal Action Project. All donations will be spent to specifically benefit California gun owners.

Second Amendment supporters should be careful about supporting litigation or other efforts promised by other individuals and groups that lack the experience, resources, skill, or legal talent to be successful. The NRA and CRPA national team of highly regarded civil rights attorneys, legislative advocates, and scholars has the experience, resources, skill and expertise needed to maximize the potential for victory in California’s often hostile political environments.

For a summary of some of the many actions the NRA and CRPA has taken on behalf of California gun owners, including the groundbreaking Peruta case, click here.

 

TRENDING NOW
Reported ATF Email Sparks Concerns of Braced Pistol Crackdown

News  

Monday, January 13, 2025

Reported ATF Email Sparks Concerns of Braced Pistol Crackdown

On Friday, Gun Owners of America published an email reportedly received by one of its members in response to a question to ATF about whether adding a brace to a CZ Scorpion pistol would convert ...

U.S. Appellate Court Issues Case on Marijuana Use and Firearm Possession

News  

Monday, January 13, 2025

U.S. Appellate Court Issues Case on Marijuana Use and Firearm Possession

Last Monday, the U.S. Court of Appeals for the Fifth Circuit – which encompasses Louisiana, Mississippi, and Texas – reversed the conviction of a man under a federal law that prohibits firearm possession by one ...

Illinois: Gun Seizure Mandate Passes House, Headed to Governor's Desk

Wednesday, January 8, 2025

Illinois: Gun Seizure Mandate Passes House, Headed to Governor's Desk

Last night, HB 4144 passed the Illinois House by a vote of 80-33 in the final hours of the General Assembly’s lame duck session. It now goes to the Governor for his signature.

Colorado: Semi-Auto Ban Introduced on First Day of Session

Thursday, January 9, 2025

Colorado: Semi-Auto Ban Introduced on First Day of Session

Without skipping a beat, anti-gun legislators in Colorado have introduced a near all-encompassing ban on semi-automatic firearms on the first day of the legislative session.

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

News  

Wednesday, January 8, 2025

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

Dear NRA Member: U.S. Representative Richard Hudson (R-NC) has reintroduced the Constitutional Concealed Carry Reciprocity Act (H.R. 38). Representative Hudson, the longstanding champion of this legislation, along with more than 120 of his colleagues have ...

Washington: Gun-Free Zone Bill Scheduled for Hearing Tuesday

Friday, January 10, 2025

Washington: Gun-Free Zone Bill Scheduled for Hearing Tuesday

The Washington State legislature is wasting no time in their efforts to erode your Second Amendment rights. The legislature will convene the 2025 session on Monday and has already scheduled a committee hearing for a "gun-free" zone ...

NYC’s Subway System: Sensitive Place? No. Senseless Violence? Yes.

News  

Monday, January 13, 2025

NYC’s Subway System: Sensitive Place? No. Senseless Violence? Yes.

In the 2008 District of Columbia v. Heller U.S. Supreme Court decision, Justice Antonin Scalia contemplated potential location restrictions governments could impose on the exercise of Second Amendment rights.

Good News, Bad News on ATF Director Dettelbach

News  

Monday, January 6, 2025

Good News, Bad News on ATF Director Dettelbach

It’s really just good news to report that Joe Biden’s director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Steven Dettelbach, has announced his resignation.  

Interest in Firearms Training Increasing in Finland

News  

Monday, January 13, 2025

Interest in Firearms Training Increasing in Finland

Finland is not great when it comes to regulating guns.  Like most of Europe, there are a great many restrictions, such as permit, registration, training, and storage requirements, as well as limitations on the types ...

The Great Canadian Gun Grab – The End is Near?

News  

Monday, January 6, 2025

The Great Canadian Gun Grab – The End is Near?

As we noted in a previous alert, in early December Canada’s governing Liberal Party announced 324 more models and “variants” of firearms had been added to the list of banned “military grade assault weapons” initially ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.