Explore The NRA Universe Of Websites

APPEARS IN News

Déjà vu: California May-Issue Gun Licensing Results in Bribery Scandal

Monday, December 7, 2020

Déjà vu: California May-Issue Gun Licensing Results in Bribery Scandal

Stop us if you’ve heard this one before: Anti-gun jurisdiction maintains a restrictive may-issue firearm licensing scheme. Scheme results in alleged bribes for licenses scandal.

On November 23, the Santa Clara County, Calif. District Attorney announced that a grand jury had indicted a county undersheriff and sheriff’s captain for “requesting bribes for concealed firearms (CCW) licenses.” A pair of individuals were also indicted for offering bribes to receive licenses to carry. The story received worldwide attention when one of those accused with offering a bribe was revealed to be Apple’s chief security officer.

Santa Clara District Attorney Jeff Rosen noted that the two law enforcement officials “treated CCW licenses as commodities and found willing buyers.”

Under California Penal Code §§ 26150 and 26155, local law enforcement officials are tasked with reviewing applications for licenses to carry concealed weapons. This includes determining that there is proof “[g]ood cause exists for issuance of the license.”

The “good cause” standard is subjective and in practice grants the chief law enforcement officer the authority to deny any application. In the more anti-gun jurisdictions of California, this means that licenses to carry are may-issue and difficult to obtain. In more Second Amendment-friendly portions of the state, sheriffs have adopted the position that the right to self-defense is “good cause.” In these jurisdictions, the licensing regime is more akin to shall-issue. 

California’s license to carry regime has been the subject of intense Second Amendment litigation, most notably in the NRA-backed case of Peruta v. County of San Diego. In 2016, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit upheld the “good cause” requirement. The court concluded, 

the Second Amendment does not protect the right of a member of the general public to carry concealed firearms in public… Because the Second Amendment does not protect in any degree the right to carry concealed firearms in public, any prohibition or restriction a state may choose to impose on concealed carry—including a requirement of “good cause,” however defined—is necessarily allowed by the Amendment.

As one might expect, it is near impossible to obtain a license to carry in Santa Clara County. Those interested in a fuller picture of the onerous application process are encouraged to read a lengthy 2019 account of the ordeal posted to Medium.com by an intrepid applicant.

According to the indictments and the DA’s press release, the undersheriff extracted a promise of $6,000 worth of “luxury suite tickets to a San Jose Sharks hockey game” from a local businessman in exchange for a carry license. In regards to Apple, it is alleged that the undersheriff and sheriff’s captain extracted a promise of $70,000 worth of iPads for the sheriff’s office from Apple’s chief security officer in exchange for four licenses to carry for Apple employees.

The unfolding events in Santa Clara County are strikingly similar to a 2016 corruption scandal in the New York Police Department’s License Division

On April 18, 2016, federal authorities filed a complaint with the U.S. District Court for the Southern District of New York describing an alleged firearm license-purchasing scheme carried out by Alex “Shaya” Lichtenstein for several years with the help of members of the NYPD License Division. According to the complaint, Lichtenstein would charge individuals seeking a handgun license up to $18,000 for his assistance in shepherding their application through the NYPD bureaucracy. Allegedly, Lichtenstein would then provide the License Division supervisor and another division official with cash bribes for their assistance. On March 16, 2017, Lichtenstein was sentenced to 32 months in prison for his part in the scheme.

New York City has an incredibly onerous handgun licensing scheme. Under their may-issue regime, law enforcement is granted wide discretion to grant or deny a license. Applicants can be denied for something as simple as “a poor driving history,” or as vague as any “other good cause.”

This isn’t even the first time the Santa Clara County Sheriff’s Office has faced allegations of impropriety in the issuance of licenses to carry. In 2011, the Mercury News investigated the sheriff’s office’s licensing practices. A December 10, 2011 Mercury News article stated,

The list of 49 civilian” permit holders released to this newspaper includes 13 people who donated to [the Santa Clara County Sheriff’s] campaigns over the years, either personally or through companies connected to them. Also on the list are people whose permits have continually been renewed, even though the original reason for getting the permit appears to no longer apply.

Official corruption in the issuance of gun licenses is detestable, but merely a symptom of the underlying problem. Until state legislatures abandon the outmoded practice of discretionary firearms licensing, or the federal courts provide more robust recognition of the Second Amendment right, the corruption will continue.

IN THIS ARTICLE
California May-Issue
TRENDING NOW
Texas: HB 1927 Constitutional Carry Still in Conference Committee: Take Action Now!

Wednesday, May 19, 2021

Texas: HB 1927 Constitutional Carry Still in Conference Committee: Take Action Now!

With twelve days left in session, House and Senate conferees have not issued a conference report resolving their differences on House Bill 1927 for their respective legislative chambers to take a final vote on.

NRA Members Show Up In Droves to Oppose Federal Gun Control

News  

Monday, May 17, 2021

NRA Members Show Up In Droves to Oppose Federal Gun Control

On April 21st, your NRA-ILA announced that we will be spending at least $2 Million in the fight against Federal Gun Control.

Bee More Funny!?

News  

Monday, May 17, 2021

Bee More Funny!?

Based on hard, empirical data, the vast majority of Americans have no idea who Samantha Bee is.

Washington: Second Amendment Banned in First Amendment Spaces After the Signing of Anti-Gun Measure

Friday, May 14, 2021

Washington: Second Amendment Banned in First Amendment Spaces After the Signing of Anti-Gun Measure

On Wednesday, despite the thousands of calls, emails, and other communication from NRA Members and Second Amendment supporters, Senate Bill 5038 advanced out of the legislature and was signed into law

Anti-Gun Activist Says the Quiet Part Out Loud

News  

Monday, May 17, 2021

Anti-Gun Activist Says the Quiet Part Out Loud

NRA has often lamented about how the legacy media long-ago abandoned any semblance of neutrality when it comes to the issue of gun control.

California Threatens to Compromise Gun Owner Data and Privacy

News  

Monday, May 17, 2021

California Threatens to Compromise Gun Owner Data and Privacy

California is scraping the constitutional floor with their gun control.

Nevada: Gun Free Zone Expansion Introduced as an Emergency Measure!

Wednesday, May 19, 2021

Nevada: Gun Free Zone Expansion Introduced as an Emergency Measure!

Yesterday, Senate Majority Leader Nicole Cannizzaro (D-6) used an emergency measure to revive the gun free zone expansion language that was amended out of Assembly Bill 286 earlier this session as a new bill: Senate ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Texas House & Senate Conferees Reach Agreement on HB 1927!

Friday, May 21, 2021

Texas House & Senate Conferees Reach Agreement on HB 1927!

Bill author, Rep. Matt Schaefer (R-Tyler), and Senate sponsor, Charles Schwertner (R-Georgetown), announced this afternoon that the House and Senate conferees have reached an agreement on House Bill 1927, landmark NRA-backed constitutional carry legislation.

Colorado: Multiple Anti-Gun Bills Pass out of their Chamber of Origin

Tuesday, May 18, 2021

Colorado: Multiple Anti-Gun Bills Pass out of their Chamber of Origin

Today, the Colorado House and Senate exchanged multiple anti-gun bills.  Senate Bill 256, House Bill 1298 and House Bill 1299 will now be considered by the chamber opposite their origin.

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.