San Carlos, CA (Tuesday, July 5, 2011) – After a litigation threat from the Calguns Foundation, San Francisco Sheriff Michael Hennessey has adopted a policy for firearm carry license (“CCW”) applications.
As part of its ongoing Carry License Compliance and Sunshine Initiative, The Calguns Foundation sent San Francisco County Sheriff Michael Hennessey a letter demanding that he immediately bring the firearm carry license application acceptance, processing, and evaluation policies of his department into compliance with California law.
“As a direct result of our letter, San Franciscans now have a path to apply for a permit to exercise their fundamental right of self defense,” notes Gene Hoffman, Chairman of CGF. “We look forward to assisting San Francisco residents to that end by publishing on our website copies of approved ‘good cause’ statements, the Sheriff’s policy, DOJ standard application, a ‘CCW Application Flowchart’, and other valuable tools and information.”
The new policy is being reviewed for requirements and practices that violate the law. “While we’re pleased that Sheriff Hennessey chose to produce a policy rather than spend taxpayers' money to defend an indefensible position, it’s perplexing that he created such an onerous carry license program that practically begs for further scrutiny and possibly litigation,” said Brandon Combs, a director of CGF and leader of the Sunshine Initiative.
Calguns Foundation provided a copy of their Model Carry License Policy, downloadable here, to San Francisco Sheriff Hennessey and the San Francisco Sheriff’s Office. The CGF Model Policy reflects the process and procedures found in state law and comports with constitutional principles. San Francisco, however, chose to largely ignore CGF’s offer of assistance and create its own policy.
“We’re taking a very hard look at policies that burden the carry license application process with unlawful or unconstitutional provisions,” stated Gene Hoffman. “We expect that some sheriffs will dig in their heels and refuse to comply with the law. Those sheriffs should expect to be taken to court.”
A copy of the San Francisco carry license policy is available for download here. More information on Calguns Foundation’s Carry License Compliance and Sunshine Initiative can be found at www.gotcarry.org. For more information on other Second Amendment-related litigation and educational efforts, please visit www.calgunsfoundation.org.
Tuesday, July 5, 2011
CalGuns Forces San Francisco Sheriff To Adopt CCW Policy
The CalGuns Foundation sent out this release this evening regarding their victory in forcing the Sheriff of San Francisco County to comply with California law regarding concealed carry permits. Congratulations to CalGuns for getting San Francisco to obey the law. When I attended the Gun Rights Policy Conference in San Francisco, I was shocked to find out that there were only eight CCW permits issued for all of San Francisco County. While this number may have changed some, it is still ridiculously small for a city and county of the size of San Francisco.
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"it’s perplexing that he created such an onerous carry license program that practically begs for further scrutiny and possibly litigation,"
ReplyDeleteLitigation. Yep. More to follow.
Just a quick note that the actual number of carry license holders in SF is now ~0 as the Sheriff appears to not have renewed his legal advisor's permit.
ReplyDeleteAs can be observed in the fees attachment to the policy, SF seems intent to make the PC 12050/26150 firearm carry license - the only way San Franciscans may carry loaded firearms for self-defense - unattainable by way of cost and condition burdens. Consider:
* State DOJ CCW background check fee $95 (paid to SF, forwarded to DOJ)
* Local fee $100 (paid to SF)
* Psychological assessment $150 (paid to practitioner)
* SF testing & qualification $1,722 (paid to SF)
* 3-day POST training ~$300 (paid to training provider)
* DOJ background check/clearance for POST training $32+19 (paid to DOJ)
* Live Scan Fingerprint operator fee ~$50 (paid to operator)
* $1Million insurance ~$500 (paid to insurance co.)
* Ammunition (~550 rounds) ~$250
* Travel, opportunity cost (time off from work, etc.)
Registration for PC 832 POST firearms courses are limited and usually take place at limited locations only a few times per year.
All for a *1 year* permit.
The policy is the Sheriff's attempt to quickly comply with Cal. Penal Code 12050, et seq., and avoid litigation. It will likely fail at both.
-Brandon Combs
Calguns Foundation
Brandon, thanks for all you do. Now please sue the bastard, would you? This reminds me of what DC and Chicago did after they lost. It begs further litigation.
ReplyDelete@Brandon: It seems to me that the only way to carry a pistol in SF is to be a police officer. I read their stuff on Reserve Officers. I wonder if they are allowed to carry while off-duty or are restricted to on-duty carry only.
ReplyDeleteThis is the problem with government permission slips: the government has to give you permission. This is not 2A.
ReplyDelete