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The Peruta Case: A Massive Gun Rights Victory in CA

The state's corrupt, abusive permit system looks to be ending.

by
Clayton E. Cramer

Bio

March 4, 2014 - 7:14 pm
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Gun rights advocates just received a glorious St. Valentine’s Day gift: Peruta v. County of San Diego (9th Cir. 2014).

California is one of a small number of American states where issuance of a concealed weapon permit is entirely at the discretion of the sheriff or police chief. In some counties, permits are available to almost any resident with a clean criminal record and no mental illness history. Unfortunately, in many of the counties that have substantial violent crime problems (Los Angeles, San Diego, the entire Bay Area) and thus where carrying a gun is a darn good idea, sheriffs and police chiefs abuse their discretion on issuing permits in outrageous ways. The Peruta suit was an attempt at fixing this problem — and the resulting decision looks like it will indeed fix it.

The abuse of the issuance process in California varies quite a bit from county to county. In some counties, there is a very strong overlap between those with concealed carry permits, and those who made big contributions to the last sheriff’s election campaign. This is one of the reasons that news organizations in California have done a lot of suing over the years to keep concealed weapon permit information as public records.

When I lived in Sonoma County in the 1980s, it was not necessary to be a big contributor to get a permit, but it certainly helped. There was an embarrassing situation that developed where a big contributor to the sheriff’s campaign received a permit even before the background check was complete, and over the strong objections of some of the deputies who had knowledge of the contributor’s character. It turned out the contributor had a felony conviction — for child molestation. (A friend who was a deputy sheriff was not surprised; he had warned the sheriff that the inside of the contributor’s home was decorated with pictures of naked little boys.) Eventually, the sheriff lost his re-election bid, although not for this reason.

In other counties, permits are not issued unless you can demonstrate that you have a higher than average risk of attack. This usually means that you run a business that involves transporting large quantities of cash or other valuables (such as a jeweler, or a merchant in a cash-rich business), or have been the victim of a serious attack and the attacker is still free.

Self-defense alone was not a sufficient reason; this is what the Peruta decision has overturned.

Until 1967, California allowed open carry of a firearm in cities. That year, the Black Panthers demonstrated the great political acumen for which they were known by walking into the California legislature heavily armed while they were debating a bill to ban open carry. (Yes, the bill was aimed specifically at the Black Panthers.) This caused the bill’s immediate passage over the objections of conservatives, and its signing by Governor Ronald Reagan.

Comments are closed.

Top Rated Comments   
Great piece, Clayton.

For those who are really interested in the details of the arguments for the constitutional right embodied in the Second Amendment, the opinion is pretty complete recitation. And as Clayton coyly buries in his piece, he was cited - yet again - in this important gun rights opinion.
41 weeks ago
41 weeks ago Link To Comment
Let me make these facts available for others to squirrel away for use in replying to the usual "wild west" handwringing:


The rate that concealed carry permit holders are now losing their permits for gun related violations

Between, October 1, 1987, and November 30, 2008, Florida issued permits to 1,439,446 people, many of whom have had their permits renewed multiple times. Only 166 had their permits revoked for any type of firearms related violation – about 0.01 percent. I was just looking up the new numbers. Updating those numbers to January 31, 2010, Florida has now issued permits to 1,704,624 people. The number who have had their permits revoked has risen to just 167. In 14 months, just one person with a Florida permit has lost his permit for a fire arms related violation. There are currently 692,621 valid permits. That is a revocation rate of 0.00014 percent.

http://johnrlott.blogspot.com/2010/02/rate-that-concealed-carry-permit.html



In North Carolina, one of only a handful of states that reveals the identities of permit holders, 200 of the 240,000 concealed carriers (.08 percent) committed felonies of all types, including eight shooting deaths, in the five-year period ending in 2011. This compares with about 2.5 percent of voting-age Americans who have a felony rap sheet, according to The Sentencing Project.

http://johnrlott.blogspot.com/2014/02/the-big-change-in-views-on-concealed.html


An Analysis of the Arrest Rate of Texas Concealed Handgun License Holders
as Compared to the Arrest Rate of the Entire Texas Population,” William E.
Sturdevant, September 1, 2000; Florida Department of Justice statistics,
1998; Florida Department of State,

http://concealedguns.procon.org/sourcefiles/sturdevant.pdf

From page 23 of the report:

6.3.3.1 Males
The average male Texan who is 21 years or older is 7.9 times more likely to be arrested for the
violent crimes of murder, rape, robbery, and assault than the average male CHL holder. The
average male Texan who is 21 years or older is 20 times more likely to be arrested for
committing a non-violent crime than the average male CHL holder.

Looking at violent crimes individually, the average male Texan who is 21 years or older is 1.9
times (rate of 9.0 v. 4.8) more likely to be arrested for murder; 68 times (rate of 25 v. 0.4) more
likely to be arrested for rape; 49 times (rate of 45 v. 0.9) more likely to be arrested for robbery;
3.2 times (rate of 207 v. 64) more likely to be arrested for aggravated assault; and 11 times (rate
of 914 v. 82) more likely to be arrested for other assaults than the average male CHL holder.

No male Texas CHL holder was arrested for negligent manslaughter during the 1996 through
1999 period.

6.3.3.2 Females
The average female Texan who is 21 years or older is 7.5 times more likely to be arrested for the
violent crimes of murder and assault than the average female CHL holder. The average female
Texan who is 21 years or older is 16 times more likely to be arrested for committing a nonviolent
crime than the average female CHL holder.

Looking at violent crimes individually, the average female Texan who is 21 years or older is 1.7
times (rate of 1.3 v. 0.7) more likely to be arrested for murder; 2.2 times (rate of 48 v. 22) more
likely to be arrested for aggravated assault; and 20 times (rate of 180 v. 9) more likely to be
arrested for other assaults than the average female CHL holder.

No female Texas CHL holder has arrested for negligent manslaughter, rape, or robbery during the
1996 through 1999 period.

...
7 CONCLUSIONS:


7.1.1 Arrest data for Texas CHL holders indicate that violent crime is not a consequence of
handgun ownership or possession.

7.1.2 The total population of Texas has an arrest rate for violent crime that is 5.3 times higher
than Texas CHL holders, based upon data from 1996 - 1999.
...

7.2.1 Arrest data for Texas CHL holders indicate that murder and non-negligent manslaughter
is not a consequence of handgun ownership or possession....

...
7.5.2 The total population of Texas has an arrest rate for robbery that is 48 times higher than
Texas CHL holders, based upon data from 1996 - 1999.

...
7.9.1 Less than two percent (1.9%) of the arrests of CHL holders for violent crimes that
possibly involve weapons (murder, manslaughter, rape, robbery, aggravated assault) were
classified as “family violence” crimes.

...
7.10.2 The total population of Texas has an arrest rate for non-violent crime that is 14 times
higher than Texas CHL holders, based upon data from 1996 - 1999.



from:
Concealed Weapons/Firearms License Statistical Report,” 1998; Texas
Department of Public Safety and the U.S. Census Bureau, reported in San
Antonio Express-News, September 2000; Texas Department of Corrections data,
1996-2000, compiled by the Texas State Rifle Association




41 weeks ago
41 weeks ago Link To Comment
"I can say with some certainty that any future justices appointed by President Obama or his near-certain successor Hilary [sic] Clinton will not be so friendly."

Near-certain successor Hillary Clinton? There is enough of a chance of Madam Depraved Indifference taking the throne as it is, if she doesn't fall down in a drunken stupor and hit her head again anyway, so let's not start a mass years long drinking binge around here unless and until it's absolutely necessary.
41 weeks ago
41 weeks ago Link To Comment
All Comments   (10)
All Comments   (10)
Sort: Newest Oldest Top Rated
Great piece, Clayton.

For those who are really interested in the details of the arguments for the constitutional right embodied in the Second Amendment, the opinion is pretty complete recitation. And as Clayton coyly buries in his piece, he was cited - yet again - in this important gun rights opinion.
41 weeks ago
41 weeks ago Link To Comment
I've lived in this progressive sh_t hole (CA) long enough (12 years) to know that it doesn't matter what a court rules, the CA Sheriffs in the densely populated counties (LA, SF, Alameda, Contra Costa, Riverside, San Bernardino, etc.) will NOT issue you a CCW permit. They will find a way to turn down your application outright, or make it so hard to get one (high costs for permit, psych exams, difficult range tests, carry high liability ins. coverage, etc.) that you will give up in frustration. And they will not refund the fees. And don't ever expect them to create reciprocity with other states where it is a reasonable process to obtain a CCW (NV, AZ, UT). The union LEOs here do NOT want citizens carrying and able to protect themselves. I can't wait to retire and go back home for good. This place is just a lunatic asylum run by the inmates.
41 weeks ago
41 weeks ago Link To Comment
See Richards v. County of Yolo (9th Cir. 2014) [http://www.calguns.net/Richards.pdf]. Another one bites the dust!
41 weeks ago
41 weeks ago Link To Comment
If this ruling isn't changed, you can expect to start seeing a drop in violent crime in the People's Republic of California.
41 weeks ago
41 weeks ago Link To Comment
Just as obama ignores the Constitution, those infesting Sacramento will figure out a way around any judgement that would hinder their goal of total control of the serfs of kalifornia.
41 weeks ago
41 weeks ago Link To Comment
The Nazis in Sacramento will find a way to nullify this victory.
41 weeks ago
41 weeks ago Link To Comment
Let me make these facts available for others to squirrel away for use in replying to the usual "wild west" handwringing:


The rate that concealed carry permit holders are now losing their permits for gun related violations

Between, October 1, 1987, and November 30, 2008, Florida issued permits to 1,439,446 people, many of whom have had their permits renewed multiple times. Only 166 had their permits revoked for any type of firearms related violation – about 0.01 percent. I was just looking up the new numbers. Updating those numbers to January 31, 2010, Florida has now issued permits to 1,704,624 people. The number who have had their permits revoked has risen to just 167. In 14 months, just one person with a Florida permit has lost his permit for a fire arms related violation. There are currently 692,621 valid permits. That is a revocation rate of 0.00014 percent.

http://johnrlott.blogspot.com/2010/02/rate-that-concealed-carry-permit.html



In North Carolina, one of only a handful of states that reveals the identities of permit holders, 200 of the 240,000 concealed carriers (.08 percent) committed felonies of all types, including eight shooting deaths, in the five-year period ending in 2011. This compares with about 2.5 percent of voting-age Americans who have a felony rap sheet, according to The Sentencing Project.

http://johnrlott.blogspot.com/2014/02/the-big-change-in-views-on-concealed.html


An Analysis of the Arrest Rate of Texas Concealed Handgun License Holders
as Compared to the Arrest Rate of the Entire Texas Population,” William E.
Sturdevant, September 1, 2000; Florida Department of Justice statistics,
1998; Florida Department of State,

http://concealedguns.procon.org/sourcefiles/sturdevant.pdf

From page 23 of the report:

6.3.3.1 Males
The average male Texan who is 21 years or older is 7.9 times more likely to be arrested for the
violent crimes of murder, rape, robbery, and assault than the average male CHL holder. The
average male Texan who is 21 years or older is 20 times more likely to be arrested for
committing a non-violent crime than the average male CHL holder.

Looking at violent crimes individually, the average male Texan who is 21 years or older is 1.9
times (rate of 9.0 v. 4.8) more likely to be arrested for murder; 68 times (rate of 25 v. 0.4) more
likely to be arrested for rape; 49 times (rate of 45 v. 0.9) more likely to be arrested for robbery;
3.2 times (rate of 207 v. 64) more likely to be arrested for aggravated assault; and 11 times (rate
of 914 v. 82) more likely to be arrested for other assaults than the average male CHL holder.

No male Texas CHL holder was arrested for negligent manslaughter during the 1996 through
1999 period.

6.3.3.2 Females
The average female Texan who is 21 years or older is 7.5 times more likely to be arrested for the
violent crimes of murder and assault than the average female CHL holder. The average female
Texan who is 21 years or older is 16 times more likely to be arrested for committing a nonviolent
crime than the average female CHL holder.

Looking at violent crimes individually, the average female Texan who is 21 years or older is 1.7
times (rate of 1.3 v. 0.7) more likely to be arrested for murder; 2.2 times (rate of 48 v. 22) more
likely to be arrested for aggravated assault; and 20 times (rate of 180 v. 9) more likely to be
arrested for other assaults than the average female CHL holder.

No female Texas CHL holder has arrested for negligent manslaughter, rape, or robbery during the
1996 through 1999 period.

...
7 CONCLUSIONS:


7.1.1 Arrest data for Texas CHL holders indicate that violent crime is not a consequence of
handgun ownership or possession.

7.1.2 The total population of Texas has an arrest rate for violent crime that is 5.3 times higher
than Texas CHL holders, based upon data from 1996 - 1999.
...

7.2.1 Arrest data for Texas CHL holders indicate that murder and non-negligent manslaughter
is not a consequence of handgun ownership or possession....

...
7.5.2 The total population of Texas has an arrest rate for robbery that is 48 times higher than
Texas CHL holders, based upon data from 1996 - 1999.

...
7.9.1 Less than two percent (1.9%) of the arrests of CHL holders for violent crimes that
possibly involve weapons (murder, manslaughter, rape, robbery, aggravated assault) were
classified as “family violence” crimes.

...
7.10.2 The total population of Texas has an arrest rate for non-violent crime that is 14 times
higher than Texas CHL holders, based upon data from 1996 - 1999.



from:
Concealed Weapons/Firearms License Statistical Report,” 1998; Texas
Department of Public Safety and the U.S. Census Bureau, reported in San
Antonio Express-News, September 2000; Texas Department of Corrections data,
1996-2000, compiled by the Texas State Rifle Association




41 weeks ago
41 weeks ago Link To Comment
And it is not just Florida. MOST of America is now shall-issue -- and the expected Wild West shootouts turn out to be EXTREMELY rare.
41 weeks ago
41 weeks ago Link To Comment
"I can say with some certainty that any future justices appointed by President Obama or his near-certain successor Hilary [sic] Clinton will not be so friendly."

Near-certain successor Hillary Clinton? There is enough of a chance of Madam Depraved Indifference taking the throne as it is, if she doesn't fall down in a drunken stupor and hit her head again anyway, so let's not start a mass years long drinking binge around here unless and until it's absolutely necessary.
41 weeks ago
41 weeks ago Link To Comment
Keep in mind that the Democrats have done such a great job of running the country (Fast & Furious, deficits that make Bush look miserly, Benghazi, Syria, the Ukraine, increased drone strikes, failing to keep their promises about Gitmo, the Unaffordable Care Act) that I do not see any realistic chance of defeating them. Now, if there were a serious opposition political party...
41 weeks ago
41 weeks ago Link To Comment
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