Local and state governments issue many kinds of licenses and permits and for special activities and professions. Cities issue business licenses and building permits. The County issues health permits to restaurants and dog licenses to pet owners.
The State issues driver licenses, fishing licenses and liquor licenses. Professional licenses are given to doctors, lawyers, teachers, insurance agents and barbers.
Licenses are issued for a certain period of time, with the holder having the option to renew upon expiration. License holders count on that period of time to plan their professional and personal lives.
A license may be revoked by the government only if the license has been abused. Its lawful use assures the holder that the expiration date will be respected. That renewal date forms a contract between citizens and their government.
So it is particularly disturbing when Orange County’s top law enforcement official proposes to change expiration dates on County-issued permits to carry a concealed weapon (CCW). Yet this is the latest legal legerdemain being proposed by Sheriff Hutchens to take such permits away from law abiding OC citizens.
She’d originally proposed to revoke the permits, but this would have created a negative record with the Department of Justice. After a 6 hour public hearing in November, it was clear that wholesale permit revocations were unfair and the Board of Supervisors expressed its strong concern about arbitrarily stigmatizing citizens who had done nothing wrong.
Now the proposal is to move up the expiration dates, which will have the same practical effect as revocations. For the County to change expiration dates unilaterally—or for citizens to agree under duress—is tantamount to breaking a contract with our permit holders. Clearly, it would not be legal.
There have been claims that current permit holders were cronies of former Sheriff Carona, but this cannot taint an entire class of people. Some of the permits under fire were issued by Acting Sheriff Jack Anderson, who now serves the department as Commander of Professional Services.
Despite the picture painted of a permissive Carona policy, the number of OC concealed weapon carriers is low compared to other California counties. Of 58 counties, we rank 43rd in permits-per-capita. Where is the public safety need to further cut these permits?
Orange County currently has currently has 1,042 CCWs, one for every 3,000 residents. With a similar population of 3 million, San Diego County has 50% more permit holders. Kern County has four times the number of CCW holders, with just a quarter of our population. Peaceful Mendocino County, with just 86,000 people, has more CCWs issued than all of OC. Clearly the number of CCW holders is not excessive. There is no reason to substantially reduce it. There is no public safety imperative to reduce our already low numbers.
There is no political mandate to go after permit holders. The unelected Sheriff was appointed by a bare 3-2 majority of the Board of Supervisors and nowhere in that discussion was their talk of cracking down on permit holders.
The Board has already heard this item in a number of contentious public hearings. At our January 13 Board meeting, over 20 deputies (uniformed and plain clothes) questioned and intimidated those wearing buttons in support of their permits. Just last night, the Sheriff admitted to Supervisor Nguyen and me that surveillance cameras were used to focus in on our personal papers and blackberries on the dais during the meeting.
Another hearing is scheduled for February 10. Hundreds of man-hours have been wasted both by county employees and private citizens taking off work to speak before the board. None of this is necessary.
Costly litigation will follow if the threat is followed through to change the permit expiration dates. This is, too, is completely unnecessary.
The controversy would vanish tomorrow if the sheriff would do what the law requires---revoke only the permits of those who have abused them and respect the expiration dates of those who legally hold CCWs.
The permits are issued for a 2 year period. When they expire on their own, new standards can be reviewed and clarified for those seeking renewal. But the rights of current permit holders need to be respected.