CCW issue brews amid emerging sheriff's race
The Sheriff's Department now asks for three letters of character reference from CCW applicants
Posted: Monday, August 24, 2009
By Ken Paglia, Mountain Democrat
Whether or not local residents can easily renew Concealed Carry Weapons licenses has become a hot topic lately. The discussions have prompted El Dorado County Sheriff Jeff Neves to explain slight changes in his policy toward issuing CCWs.
The Mountain Democrat has received several letters to the editor from residents who said they have not been able to renew their CCW licenses through the Sheriff’s Department.
The El Dorado County Republican Central Committee is holding a CCW forum 6:30 p.m. (revised to 7 p.m.) Thursday, Aug. 27, for candidates for El Dorado County Sheriff in 2010 to discuss their views on CCWs.
On a renewal, a permit holder must show they still have a need for a CCW. In my opinion, that’s what has caused frustration among some people who no longer have a valid reason to satisfy the just cause requirement." -- El Dorado County Sheriff Jeff Neves
Neves explained to the Democrat on Thursday that his policy toward reissuing CCWs has changed as the result of a recent lawsuit.
“The part that has changed is as a result of a federal civil rights lawsuit that occurred in Sacramento County a couple years ago. Basically the issue in the lawsuit was that citizens were issued CCWs and then never asked again to show a continuing need for just cause. They could have been issued the permit 30 years ago, and that need could have gone away.
“That’s where we found we were liable or vulnerable. About a year-and-a-half ago we changed our criteria. On a renewal, a permit holder must show they still have a need for a CCW. In my opinion, that’s what has caused frustration among some people who no longer have a valid reason to satisfy the just cause requirement,” he said.
Neves gave the example of a former business owner who obtained a CCW license because he or she made large cash deposits. “That person may have since retired, and no longer has a rational reason. Because of the federal civil rights lawsuit, if this person doesn’t have any other criteria that would meet the requirement, the permit probably was not renewed,” he said.
The Sheriff’s Department has also in the past year-and-a-half been asking for three letters of character reference from CCW applicants. This was also done out of concern for liability, Neves said.
“I don’t think people really realize the liability it takes for each sheriff in the state to issue permits. They’re asking me to take a liability risk for them, but I don’t know who they are. I simply ask if you meet our criteria, and want a CCW, that you provide letters of character reference. This is so I have some sense of value that you’re a good, upstanding moral citizen who is deserving of a permit,” Neves said.
Neves also noted the difference between a “may-issue” policy and a “shall-issue” policy toward CCWs. California is may-issue state, which means a citizen must show a further need for a permit other than simply wanting one, Neves said.
In a shall-issue state, like Texas, a person will be issued a CCW permit by simply applying, unless otherwise restricted by law.
In may-issue states like California, a law enforcement agency has more discretion in issuing permits, but the discretion comes with more liability.
“My critics want me to disregard the state Attorney General’s guidelines and treat El Dorado County as if it’s a shall-issue. My response to that is it’s not up to the individual sheriff. It’s a statewide legislative issue,” Neves said.
The forum on Thursday will be attended by all seven candidates for El Dorado County Sheriff, said John Bailey, an event organizer. The candidates are running to replace Neves in 2010. Neves announced in June he would not be seeking a third term.
The sheriff’s candidates are: Retired CHP Chief Stan Perez; Amador County investigator John D’Agostini; Placerville Police Chief George Nielsen; sheriff’s Capt. Craig Therkildsen; retired Undersheriff Ernie Hillman; retired sheriff’s Sgt. Larry Hennick; retired Bureau of Investigations Chief Bob Luca.
Chuck Holland, a member of the local Republican Central Committee, spoke about the significance of a public discussion on the issue.
“This forum gives the candidates the opportunity to relay to the public their definition of good cause for obtaining a CCW permit. It’s like anything else, each candidate has an individual opinion, and each candidate is going to have an individual definition. Each candidate can relay to John Q. Public their feelings. And it will give John Q. Public a much better opportunity to make a decision about a candidate. To a lot of people, their right to carry a firearm is a hinge point on who’s the next sheriff,” Holland told the Democrat on Thursday.
The event, which will be moderated by Assemblyman Ted Gaines, will be held at 6:30 p.m. at the Marshall Building of the El Dorado County Fairgrounds. Doors open at 6 p.m.
Potential questions for the candidates can be submitted to John Bailey at jrb.in.enterprises@gmail.com.
Home | About Us | Get Involved | Stay Informed | Volunteer | Contribute
| 
