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
ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Nevada Supreme Court Upholds “Ghost Gun” Regulations

Monday, April 22, 2024

Nevada Supreme Court Upholds “Ghost Gun” Regulations

The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

Monday, April 22, 2024

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

On Friday April 19th, Governor Kim Reynolds signed House File 2586 and House File 2464 into law. The NRA would like to thank Governor Reynolds and the supporters in the Iowa legislature for their continued commitment to ...

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.