Sheriff Sniff's observations on the recent 9th Circuit Peruta Decision

The Sheriff’s Department is aware of the latest decision in the Peruta case announced yesterday, November 12th. It will be a short time before the legal guidance for the some 400 California police departments and sheriff’s offices that are impacted change their Carry Concealed Weapon (CCW) processes in California. CCW permits can be issued to residents by both city police chiefs and our county sheriffs throughout California.

Those issued CCW permits are good throughout California, licensing the permit holders to carry loaded handguns, hidden on their persons or in their vehicle, throughout our California communities.

Just as every other law enforcement agency, the Riverside County Sheriff’s Department will always comply with statutory law and finalized court directions in this and other legal matters. Residents are reminded that California CCW issuance is discretionary by the police chief or sheriff, and is based upon both reason of (1) self-defense or self-protection, AND (2) good moral character.

The Riverside County Sheriff’s Department does not anticipate a big increase in CCW applications with our agency, as our posture prior to yesterday’s Circuit Court decision has been both fair and reasonable for years, with a very large variety of so-called “good causes” being entirely acceptable – and each one simply articulated and expanded these very same “self-defense” and “self-protection” criteria outlined in Peruta. Many California law enforcement agencies have historically not issued CCWs to their residents and that is where we anticipate much greater impact as a result of yesterday’s decision by the 9th Circuit.

Riverside County residents are reminded that a CCW permit is not required to purchase a handgun and possess it for self-defense or personal protection within their home or within their place of business. CCW permits are required to carry a loaded, concealed firearm into our public places like driving on our roadways, and going to theaters, markets, and alike.

Unloaded or loaded firearms, openly displayed in clear view in a public place, generally remains a crime in California after “open carry” was banned by our state legislator just a few years back.

We may very well see the California Legislature react to this ruling by enacting new firearms laws this next year, and these issues in the various Circuit Courts may well still go forward to the SCOTUS.

The Riverside County Sheriff’s Department currently has approximately 1,200 CCWs issued across Riverside County. Nearly all of these have been issued after Sheriff Sniff took office in 2007.