Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California: NRA & CRPA Call Out Orange County Sheriff for Adopting Strict CCW Policy Following Court Order in Peruta Case

Wednesday, April 8, 2015

California: NRA & CRPA Call Out Orange County Sheriff for Adopting Strict CCW Policy Following Court Order in Peruta Case

As reported last week following the Ninth Circuit Court of Appeals’ order to rehear Peruta v. San Diego County–invalidating the 2014 opinion holding 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–Orange County Sheriff Sandra Hutchens has unnecessarily decided to revert to her strict “good cause” standard for issuing such licenses claiming that she is legally bound to.

In Sheriff Hutchens’ recently released statement, she explains that new carry license applicants and those applicants currently in the process of obtaining a license must comply with her strict “good cause” standard and show proof of specific evidence proving they are in immediate danger, such as a police report or a protective order, or be in a special class of people who carry valuables. As explained in last week’s alert, this will not only affect those Orange County residents wishing to apply for a carry license in the future, but those who have already dedicated the time and money to start the process but have yet to complete it.

NRA & CRPA Letter to Sheriff Hutchens

The NRA and CRPA have submitted a letter to Sheriff Hutchens informing her that 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. Just like those sheriffs, Sheriff Hutchens can also continue to issue under a “shall-issue” standard, regardless of the status of the Peruta case. Her claims to the contrary are erroneous and demonstrate that she is either receiving bad legal counsel or using the law as a pretext for her policy preference in favor of restricted issuance of carry licenses.

Since last week there have been many testimonials of people who have already applied for a CCW and have commenced the required training, but are now being asked to prove they meet the Sheriff’s new strict “good cause” standard.  Accordingly, the letter also explains that Sheriff Hutchens is precluded by state law from doing so and that if she continues to apply this new standard to those applicants, the NRA and CRPA are prepared to take action necessary to stop her.

Orange County residents are encouraged to contact Sheriff Hutchens and respectfully tell her that you do not support her choice to revert to a strict “good cause” standard for the issuance of CCWs. 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.
  • Tell 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 Hutchens’ restrictive CCW policy, attorneys for the NRA filed a federal lawsuit in September 2012 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 CRPA 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
Wisconsin: Legislation Updating the Definition of Muzzloader Signed by Governor Evers

Friday, March 15, 2024

Wisconsin: Legislation Updating the Definition of Muzzloader Signed by Governor Evers

Yesterday, the governor signed Wisconsin Act 116, formally Senate Bill 587, into law. This legislation establishes a new definition for “muzzleloaders” that would allow for the use of innovative technological advancements that could benefit sportsmen, ...

Colorado: General Assembly Continues to Follow California's Lead; Semi-Auto Ban Scheduled For Hearing

Thursday, March 7, 2024

Colorado: General Assembly Continues to Follow California's Lead; Semi-Auto Ban Scheduled For Hearing

The Colorado General Assembly continues to follow California's lead when it comes to gun control, this year already pushing for an 11% Excise tax on firearms/ammunition and now pursuing a ban on commonly owned semi-automatic ...

Maine: NRA Fires Back Against Gun Grabbers

Friday, March 15, 2024

Maine: NRA Fires Back Against Gun Grabbers

For months, anti-gun politicians and gun-grabbing groups have been running wild in Augusta, spreading misinformation about firearms in a desperate attempt to pass the most extreme gun-control in the country. The proposals carry the same theme, ...

Delaware: Senate Passes Maryland-Style Permit to Purchase Scheme

Friday, March 15, 2024

Delaware: Senate Passes Maryland-Style Permit to Purchase Scheme

Last night, the Delaware Senate passed Senate Substitute 1 for Senate Bill 2 (SB 2) by a vote of 15 to 6. This extreme legislation will impose a Maryland-style “handgun qualified purchase card” and a handgun transfer ...

Virginia: More than a Dozen Anti-Gun Bills Sent to the Governor!

Wednesday, March 6, 2024

Virginia: More than a Dozen Anti-Gun Bills Sent to the Governor!

The newly elected Virginia General Assembly has prioritized restricting law-abiding citizens' Second Amendment rights and has made good on that priority this session. This year, dozens of anti-gun bills have been considered in both chambers ...

Colorado: Semi-Auto Ban Introduced in General Assembly

Wednesday, February 14, 2024

Colorado: Semi-Auto Ban Introduced in General Assembly

Anti-Gun extremist State Reps. Tim Hernandez (D-04) and Elisabeth Epps (D-06) introduced House Bill 24-1292, a bill banning the manufacturing, importing, purchasing, selling, offering to sell, or transferring ownership of so called “assault weapons”. 

Appropriations Bill Passes with Language Protecting Veterans’ Second Amendment Rights

News  

Monday, March 11, 2024

Appropriations Bill Passes with Language Protecting Veterans’ Second Amendment Rights

Last week, Congress approved a package of legislation to fund various government agencies that corrects a longstanding and shameful practice that had been depriving American veterans of their Second Amendment rights since 1998.

Washington Post’s Somewhat Pro-Gun Column Inadvertently Exposes Problem with Mandatory Storage Laws

News  

Monday, March 11, 2024

Washington Post’s Somewhat Pro-Gun Column Inadvertently Exposes Problem with Mandatory Storage Laws

We generally don’t expect to see the Washington Post say anything positive about firearms or law-abiding gun owners, although there are occasional Op-Eds from pro-Second Amendment lawmakers, unbiased researchers and Constitutional scholars, and the like.

Colorado: Mandatory Storage Bill Passes Committee and Hearings Postponed Due to Weather

Thursday, March 14, 2024

Colorado: Mandatory Storage Bill Passes Committee and Hearings Postponed Due to Weather

Today, HB 24-1348 which mandates how firearms must be stored in unattended vehicles, passed out of the House Judiciary Committee and is now eligible for a final vote on the House Floor. Please contact your lawmakers by using the ...

Face the Nation Airs ATF Propaganda

News  

Monday, March 11, 2024

Face the Nation Airs ATF Propaganda

Those worried that Biden’s Bureau of Alcohol, Tobacco, Firearms and Explosives was so busy harassing well-meaning gun dealers and owners that it had forgotten about its biennial tradition can rest easy. 

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.