OFF THE WIRE
BY DAVID MONTERO / STAFF WRITER
Local applicants seeking a permit to carry a concealed weapon now only have to say that they need one for self-defense or personal safety.
Previously, applicants were required to prove “good cause,” a standard that typically limited concealed weapons in Orange County to people who carry large sums of cash or valuables, or who could prove an existing mortal threat.
The Orange County sheriff loosened requirements Wednesday for obtaining a concealed-weapons permit in light of a recent federal appellate court decision that deemed many urban counties in California to be overly restrictive in saying who can and can’t carry a concealed weapon.
Concealed Weapon Permit Requirements
Cost for standard 2-year permit: $195.22Must be full-time Orange County resident
Must past background checks
At interview, must have the following:
Birth certificate, valid California Driver's License, two recent passport photos, good cause statement, documents in support of request, military discharge papers (if applicable) and copies of two most recent utility bills to prove full-time residency
Completed Department of Justice application
Source: Orange County Sheriff's Department
“Bottom line is the sheriff is going to abide by the law,” said Lt. Jeff Hallock, a spokesman for O.C. Sheriff Sandra Hutchens.
“Before the court’s decision, good cause was something that was evaluated by the sheriff. What she considers good cause may not be same as Los Angeles, Riverside or San Diego as good cause. But in looking at the decision, some of the subjectiveness is taken out of it.”
The Feb. 13 ruling by the 9th U.S. Circuit Court of Appeals was widely seen as the court’s attempt to unify the vast differences in how the state’s urban and rural counties issue concealed weapons permits. Urban counties tended to be much tighter in issuing permits while rural counties were more expansive in interpreting an applicant’s “good cause” assertion.
San Diego County, which was the defendant in the case, hasn’t filed an appeal of the 9th Circuit 2-1 decision, though the deadline is Feb. 27.
It’s unclear if the new rules in Orange County will lead to many more new concealed weapons.
Hallock said since the Feb. 13 ruling his agency has received more inquiries from Orange County residents presumably interested in getting a concealed weapon permit, but it’s too early to know if those inquiries have translated into more applications. He wouldn’t guess about how many applications might come to his agency after announcing the new rules.
It’s also unknown how the new rules would automatically lead more people receiving permits. Getting a two-year standard concealed weapon permit in California still requires passing a background check and a posting fee of $195.22, and completing 16 hours of class time on carrying and shooting weapons.
Lawrence Rosenthal, Chapman University law professor, said any sheriff’s department that is changing its procedures now is doing so voluntarily because the court decision isn’t final until 14 days after it was issued. He also said that San Diego can appeal the decision to the full 11-panel hearing of the 9th Circuit Court or could seek a ruling at the U.S. Supreme Court. He said an appeal could drag the case out for another year.
He also described the three-member panel that issued the Feb. 13 ruling as “unusually conservative.” The two judges who voted to ease the restrictions were appointed by President George W. Bush and President Ronald Reagan. The dissenter was a President Bill Clinton appointee.
Not all counties have opted to change their existing concealed weapons permits “good cause” guidelines.
On the Los Angeles County Sheriff’s website, applicants are forewarned that good cause “shall exist only if there is convincing evidence of a clear and present danger to life or of great bodily harm to the applicant, his spouse or dependent child which cannot be adequately dealt with by existing law enforcement resources.”
The San Diego County Sheriff also hasn’t changed its policy – though officials there said the issue is “under review.”
Hallock said that despite the Orange County Sheriff’s change in policy, they are cautioning applicants to be prepared to reapply if San Diego successfully appeals the case.