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
Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Saturday, November 9, 2024

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Today, the U.S. District Court for the Southern District of Illinois struck down provisions of the Protect Illinois Communities Act (PICA) that prohibit “assault weapons” and “large-capacity magazines” in an NRA-supported case, Barnett v. Raoul.

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tuesday, November 12, 2024

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tomorrow, the Senate Committee on Civil Rights, Judiciary, and Public Safety will take up SB 857 and SB 858. These bills would dramatically expand “gun-free zones” in the state and drastically limit where those with a concealed pistol ...

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tuesday, November 12, 2024

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tomorrow, the Michigan House of Representatives is expected to vote on two packages of anti-gun bills. Use the take action button below to contact your Representative and urge them to oppose these anti-gun bills!  

Kamala for Gun Confiscation: In Her Own Words

News  

Monday, September 16, 2024

Kamala for Gun Confiscation: In Her Own Words

During the September 10 presidential debate, President Donald Trump correctly highlighted Democratic presidential nominee Kamala Harris’s support for gun confiscation. A visibly defensive Harris claimed, “We're not taking anybody's guns away. So stop with the ...

As-Applied Challenge to Illinois Ban on Licensees’ Carrying on Public Transit Succeeds; Court Rejects “Breathtaking, Jawdropping, and Eyepopping” Arguments

News  

Tuesday, September 10, 2024

As-Applied Challenge to Illinois Ban on Licensees’ Carrying on Public Transit Succeeds; Court Rejects “Breathtaking, Jawdropping, and Eyepopping” Arguments

Long before the United States Supreme Court ruling in New York State Rifle & Pistol Ass’n, Inc. v. Bruen (2022), a federal appellate court relied on the right to bear arms for self-defense to invalidate an Illinois law that ...

NRA Files Official Protest to Bears Ears Shooting Closure

News  

Monday, November 4, 2024

NRA Files Official Protest to Bears Ears Shooting Closure

On Friday, NRA-ILA and other sportsmen’s groups filed a formal protest against the Biden-Harris administration’s plan to close recreational shooting access to 1.3 million acres in the Bears Ears National Monument in Utah.

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Friday, November 15, 2024

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Today, NRA filed an amicus brief in the Supreme Court of the State of Washington in a challenge to Washington’s prohibition on magazines that hold over 10 rounds.

California: Governor Newsom Signs Multiple Anti-Gun Bills into Law

Friday, September 27, 2024

California: Governor Newsom Signs Multiple Anti-Gun Bills into Law

On September 24th, Governor Newsom continued his crusade to erode Second Amendment rights in California by signing several anti-gun bills into law. NRA actively opposed these bills throughout the session and will continue to fight ...

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Friday, November 15, 2024

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Yesterday, the Senate Committee on Civil Rights, Judiciary, and Public Safety SB 857 and SB 858 with amendments and the bills will now be eligible for votes on the Senate floor. Please use the take action button below and ...

Kamala Harris’ Record on Gun Control and Second Amendment

News  

Thursday, October 3, 2024

Kamala Harris’ Record on Gun Control and Second Amendment

Vice President Kamala Harris has consistently campaigned for draconian gun control laws, which severely limit the rights of lawful gun owners.

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.