Sacramento Sheriff Has Discretion On Issuing Gun Permits

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SACRAMENTO, Calif. --- A federal judge ruled that the Yolo County Sheriff can use discretion when giving out concealed weapon permits, striking down an argument made by California gun advocates who challenged the policy.

U.S. District Judge Morrison England Jr. backed Sheriff Ed Prieto's policy that requires concealed weapon applicants to have a valid reason for requesting such a permit, such as credible threats of violence against them or carrying large sums of cash as a business owner.

Gun advocates the Second Amendment Foundation and the Calguns Foundation argued that sheriffs must give permits to applicants as long as they pass a training course, and are not mentally ill or have a criminal background. Two men whose applications for concealed weapons were turned down joined the groups as plaintiffs in the case.

Judge England backed Prieto's policy that applicants without credible threats of violence against them or applicants that cite hunting and fishing as reasons to use concealed weapons will not receive a permit.

"As the Supreme Court of the United States recently clarified in a landmark case, the 'right secured by the Second Amendment is not unlimited,'" Judge England ruled.

The judge backed the argument of Yolo County that "the Second Amendment has never been interpreted as granting citizens the right to carry a concealed weapon."

From Courthouse News