Hutchens Issues More Restrictive Gun Permit Policy
Posted by: Jubal | 08/11/2008 9:19 PM
The new sheriff today announced her new policy regarding the issuance of concealed carry permits (CCW). The bottom line is she is going to be more parsimonious with them, and fewer will be issued. There policy document is here.
Buit let me disgress slightly for a moment: in the wake of Hutchens' appiointment, Supervisor john Moorlach said one of the factors that swayed him in her favor was her CCW stance. I've known John for 18 years and although I don't recall ever discussing the Second Amendment with him, I always assumed he was in the conservative camp regarding its application. Hutchens new policy leaves me wondering if I had been assuming incorrectly.
In addition to satisfying Sheriff Hutchens that he or he is in mortal danger, the citizen desiring a CCW may also have to undergo the following:
Applicants may be required to meet new provisions under the policy to include:Great: OC citizens may have to have their head shrunk in order to obtain a dispensation to carry a concealed weapon.* Applicants may be required to submit to psychological or polygraph testing as part of the background investigation.CCW licenses will only be issued to applicants who meet the issuance policies set forth in the attachment.
* License restrictions may be utilized for those holders who have situation-specific needs.
* Applicants may be required to submit a medical clearance letter from their physician.
I forgot to mention these regulations only apply to the law-abiding. Criminals can grant themselves a waiver.
Now Hutchens is taking us backward with a policy that manifests the conventional law enforcement attitude that only cops should have guns..and bad guys, who exempt themselves from CCW policies.
The political impact? It will certainly dampen GOP enthusiasm for Hutchens - or at least, of Republicans who care about the Second Amendment. As was mentioned in the OC Register article, loosening the CCW policy was a major reason conservatives rallied around Mike Carona in 1998. For all his many faults, it was a promise he delivered on.
But enough to spark an election challenge? Doubtful, if Hutchens avoid future political sink holes. If she doesn't, Hutchens has handed any potential opponent a solid issue that comes with a politically active constituency attached.
CATEGORY:
OC Sheriff's Department, OC's Next Sheriff


Let's take the example of my father, were the great man alive today. For years, he managed a warehouse in the Bronx and, as part of his job, went to the bank to pick up the weekly payroll. Mind you, this was during a time when men got pay envelopes every Friday or Saturday, not checks, and "direct deposit" for most of them meant handing the green over to the Little Woman as soon as they got home, if they knew what was good for them.
But my father was allowed by NYC to carry a concealed weapon (a .357 magnum, as a matter of fact) because it was considered by all those possessing common sense that it might be somewhat unsafe for a single guy to walk with a zippered bag full of cash for a twenty-man payroll. Go figure.
What got him the permit? The nature of his duty; the fact that my father had no police record and was a law-abiding citizen; the voucher of his employer that he was an employee in good standing. Maybe he had to produce a few character references (not too hard, Dad knew a lot of characters), but I don't recall. Just the type of guy that Sheriif Hutchens would want to have a CCW, right?
Except right after WWII, Dad spent some time in the VA Hospital and continued to receive disability checks until his death, but not for anything physical. He had several "breakdowns" after the war, due in large part to the training and experiences he received as one of Darby's Rangers.
Now would Hutchens give him a CCW? Would the fact that after about 1948, Dad never had another breakdown, exhibited no behavior to warrant "psychological or polygraph testing", and was an outstanding human being until his death. Would she?
I hate to see common sense go by the wayside, but I hate even more to see personal liberties compromised when for many cases a lifetime of conduct can vouch for the safety of a particular person having a CCW.
Corona might have been a crook, but he was right on the most important that he had oversight, CCW's. I will vote for the first candidate that has a better policy on CCW's over the unelected Hutchens.
The Constitution is so passe for the new Sheriff. I wonder what other parts of the Constitution she thinks are outdated.
So what.
Wear your pistol on your hip and your rife over your shoulder and a copy of the 2nd in your pocket.
Mr. Moorlock,
Why are we fixing something you said was working fine?
I predict:
1) There will be a new Sheriff in 2011
2) The new Sheriff won't be from LA
3) The new Sheriff will be pro-CCW
4) The taxpayers will be picking up the tab for defending policies they don't support.
Welcome to LA County!
The Sheriff is sealing her own fate.... One thing you can bank on is that she will not be around in two years; and this is one of the main reasons.
Her contempt for the residents of Orange County is sick. Do as I say dictator ship.....
Jubal, maybe you've been ACQUAINTED with Moorlach for 18 years, rather than known him.
This could've all been so much easier. The new Sheriff could've been a candidate in an election this November and the people could've chosen the Sheriff they wanted. Instead, they were NOT allowed that choice, sitting through months and months of waiting while the BOS spoon-fed them vague double-speak about how the Supervisors wanted to do the best thing for the citizens. Now they can shrug and say, "Gee, we don't know what happened" while the new Sheriff gives us more double-speak, strips away our liberties, and treats us like grade-schoolers instead of the trustworthy, responsible, law-abiding citizens we have shown ourselves to be.
The new Sheriff could've been a candidate in an election this November and the people could've chosen the Sheriff they wanted.
That's incorrect. State law doesn't give the Board the option of scheduling a special election for sheriff, but required them to fill the vacancy.
In the 7/22/08 post Morabito was described as a sometime advisor to Hutchens and he was quoted as saying "If anything, I'm a classic libertarian. I want to know what an elected official is going to do to expand freedom." Either she is not taking his advice, or he has an odd definition of Freedom.
Appointing a sheriff from LA County was bound to lead to the same liberal policies as LA county. I wonder if the crime rates most of LA county enjoys will come here too.
It seems to me that she's trying to make the system so restrictive that virtually no one can get approved, while maintaining a veneer of her 'doing what's required under the law' to provide CCWs. That was what we GOT RID OF with Gates by electing Corona!
Apparently she's not interested in doing what the electorate here wants or thinks is best, only (like she keeps saying) what SHE thinks is best FOR US.
Recall a few hundred commemorative badges. Make it harder for honest hard working, law abiding citizens to get a CCW. Recall (revoke) a few CCWs from those who have already shown good cause and been subjected to an already stringent policy including an extensive background investigation. This is what the BOS appointed you to do? I guess I missed that part of the Sheriff interviews.
Sheriff,
What are you doing about the jails, the overtime, the moral of the Deputies?
What are you going to do when the street gangs from up north decide it's easy pickens now that most of the general public will be disarmed soon?
I feel safer already!
It's a smoke and mirrors... she is just distancing herself from Carona. I want to know who really is calling the shots. The CCW policy is just the start. We have two years to watch her impose the LA style of Law Enforcement.
Our newly installed Sheriff has clearly demonstrated, yet again, her belief that she is far superior to the common citizens of Orange County and without regard to the legal implications, created a mess out of the CCW application and approval process. She was unable to diplomatically handle a 'non-issue' regarding PSR badges and has likely damaged that program, as a result, for years to come. Now, she's going to expose the County to huge damage claims from litigation resulting from her poorly drafted (or outright illegal) CCW policy. Way to go Sheriff. I can't wait to see how you handle the REAL issues of the County, like over-crowded jails. Maybe you can use the excuse we have no $$ for more jails, as it will all be going to support litigation defense for the County! Bye Bye Sheriff Hutchens!
All I can say is that the people in OC that want OC to stay free and consitutionally conservative in the manner of the REAL GOP, put your efforts, votes on voting day, and money where your mouth is. Now and everyday until 2010.
Sandra Huchens is making a big mistake by disarming law-abiding residents in the face of growing opposition from OC residents. Who are her political advisors? Leeroy Baca? Whoever is advising her is either out to lunch or is telling her something she does not want to hear.
"NRAVoter said:
Mr. Moorlock,
Why are we fixing something you said was working fine?
I predict:
1) There will be a new Sheriff in 2011
2) The new Sheriff won't be from LA
3) The new Sheriff will be pro-CCW
4) The taxpayers will be picking up the tab for defending policies they don't support."
You are 100% right. However you forgot another important element to this. I predict 3 new people will be sitting on the BOS. Bye Bye Morlach, Norby and Bates!!!!
When is BOS John Moorlach going to represent OC residents and tell Hutchens that the current CCW policy is arbitrary, unfair and doesn't represent the previous policy which was "working well."
When is BOS John Moorlach going to represent OC residents and tell Hutchens that the current CCW policy is arbitrary, unfair and doesn't represent the previous policy which was "working well."
So now we're asked to apply, pay all fees, incur the cost of training, maybe even visit the Doc, the Shrink, and the polygraph tech all BEFORE knowing we meet Hutchens arbitrary threshold for "Good Cause." If denied, and let's admit it, most will be, the applicant is out hundreds of dollars.
The policy should say: "Average law-abiding citizens need not apply." For that is almost certainly the goal.
JUBAL said:
"State law doesn't give the Board the option of scheduling a special election for sheriff, but required them to fill the vacancy."
End runs around state laws/penal code seem to be common enough in this "new and improved" department.
They should've left Jack Anderson in place.
I have heard from a few people that I should just move out of the county.........
NO!!!! That is NOT the answer to move out of the county!
Why should you/I move next door to say San Bernardino where they issue for simple "Personal Defense" so I can drive to Orange County everyday "with my CCW" and work? I have lived in this county my whole life. I love Orange County!
The issue is an "elected" official acting against the will of her constituents!!! 70% of Orange County voters are Pro CCW!!! The other 30% are probably pro CCW too....but are not up on the issue YET!!!
The answer is to vote for a new Sheriff in 2010!! The answer is to vote out the members of the BOS in 2010 who appointed the new Sheriff who had 3% of the votes in an ORANGE COUNTY Register poll published a week before they appointed the new Sheriff!!! Yes that means you Morlach and Bates. Norby don't worry this issue will follow you too!
Does anybody hear me? There is a disconnect between the elected officials of our beloved county and the residents of the county!!!
My biggest fear regarding a new Orange County Sheriff would be that the new sheriff would be from a area in which " GUN RIGHTS" were not repected. I was RIGHT. She thinks ORANGE COUNTY will lay down like LA County. I don't think so.
If this new SHERIFF really cared about the "FOLKS" protecting themselves every woman and physically handicaped person who could complete a handgun traning course would be given a CCW. No one rapes a 38.
In anouncing her CCW policy, Sheriff Hutchens stated, "I have sworn to uphold the law and do not view my position or authority as a means to legislate or override the state’s penal code."
Sheriff, there's nothing in the Penal Code that allows you to require a polygraph test. You've just overridden the state's penal code.
Sheriff, you can't require only some applicants to undergo a psychological evaluation. You've just overridden the state's penal code.
Sheriff, the penal code 12054 (d) states, "no requirement, charge, assessment, fee, or condition that requires the payment of any additional funds by the applicant may be imposed by any licensing authority as a condition of the application for a license." By requiring those applying for a CCW renewal to take the renewal class before being notified that they have been approved, you have just overriden the state's penal code.
Sheriff, if you're going to be the top law enforcement officer in the county, you should know what the penal code states.
The sheriff has made the assumption that OC residents will just roll over and accept her new CCW policy and that she’ll be reelected when the time comes. That may work for her former boss Lee Baca, but this isn’t LA County.
What is especially disappointing is how she replied to Moorlach’s question regarding CCW issuance. She gave the impression that it would be fair and that thought would be put into her policy. We now know that her answer was disingenuous, at best. She also demonstrates that she or the person writing her CCW doesn not have a grasp of the penal code sections covering CCW issuance.
This weekend on TV she stated that the previous sheriff “stretched” the interpretation of Good Cause. Sheriff Hutchens, whatever the previous sheriff deemed to be good cause was sufficient.
Sheriff Hutchens also continues to say that OC has more permits issued that any other county. Again, this is false. Our neighbor to the north, Kern County, issues many more that OC ever has.
As was said earlier, the honeymoon is over.
Be sure that it is not the "sheriff making the assumption that OC residents will just roll over and accept her new CCW policy and that she’ll be reelected when the time comes", but her advisors - say Paul Morabito?
We have yet to hear from the Sheriff as to what exactly chief Scott is after. Nothing like a red herring for the masses!
Jubal,
Read this:
25304. The board of supervisors shall fill by appointment all
vacancies that occur in any office filled by the appointment of the
board and elective county officers, except judge of the superior
court and supervisors. The appointee shall hold office for the
unexpired term or until the first Monday after January lst succeeding
the next general election.
The next general Election is November of 2008. They had the choice!
I can only hope that Ms. Hutchens is preparing for her retirement as as gracefully as she has handled her new job.
I live in Pat Bates district. Boy was she fooled by Sandra. Appointing a stelth LA Liberal to Sheriff has caused chaos in my area. Pat was the deciding vote to import this disaster of a sheriff. I will work to vote both of them out in 2010.
The Gimper said:
In announcing her CCW policy, Sheriff Hutchens stated, "I have sworn to uphold the law and do not view my position or authority as a means to legislate or override the state’s penal code."
She also swore to uphold the US Constitution.
Heller vs DC changes everything. She could take the lead as the new "America's Sheriff" and really distance herself from the former Sheriff but she's not a supporter of the 2nd Amendment (RKBA).
Bill Hunt,
You have a good chance at a comeback here shortly.
What a shame that Orange County is being subjected to this type of authority drug down from LA County. It seems a good time to think about a change in our Board of Supervisors if this is what they "think " we need here. Time will tell but you can read the writing on the wall that only a select few will be able to legally carry a weapon for self defense. Looks like this could be a long and dark two years in OC.
"The Gimper said:
In announcing her CCW policy, Sheriff Hutchens stated, "I have sworn to uphold the law and do not view my position or authority as a means to legislate or override the state’s penal code."
Sheriff, there's nothing in the Penal Code that allows you to require a polygraph test. You've just overridden the state's penal code.
Sheriff, you can't require only some applicants to undergo a psychological evaluation. You've just overridden the state's penal code.
Sheriff, the penal code 12054 (d) states, "no requirement, charge, assessment, fee, or condition that requires the payment of any additional funds by the applicant may be imposed by any licensing authority as a condition of the application for a license."
By requiring those applying for a CCW renewal to take the renewal class before being notified that they have been approved, you have just overriden the state's penal code.
Sheriff, if you're going to be the top law enforcement officer in the county, you should know what the penal code states."
ARE THE BOS's LISTENING TO THIS??????? The Top Cop they picked has put into place an illegal policy!!!! I am totally flabbergasted!!!
Holding Them Accountable said:
"ARE THE BOS's LISTENING TO THIS??????? The Top Cop they picked has put into place an illegal policy!!!! I am totally flabbergasted!!!"
Are you kidding?
Moorlock supports her stance on CCWs!
Moorlock supports her stance on CCWs!
I’m not a Moorloch fan, but anyone who saw her interview was lead to believe that her CCW stance was more progressive then it has turned out to be. As a result, we were all hoodwinked. She’s simply bringing to OC the only thing she knows; LA style policing and policies. She’ll soon find out that OC is not LA!
The new sheriff likes to say that that under Carona, OC issued more CCW permits than any other county. That's simply not true, as can be seen from the below spreadsheet from the CA DOJ.
California DOJ
OOps...
http://ag.ca.gov/firearms/forms/pdf/ccwissuances2007.pdf
Norton and Jubal and all you guys who state "Here comes LA county" are ridiculous. First off, OCSD had not one, two, but several incidents of off duty knuckleheads, with these CCW permits causing problems in other cities. Hence over 3,000,000 paid out in civil lawsuits. And to the person who stated will crime rates will increase, stop embarassing yourself. High crime rates go to lower socio economic status and high unemployment. Hello!!!! OCSD does not even patrol areas close to that. Santa ana has a few, and so does Anaheim. Even those, aren't that bad. So unless you the people change the county, I think it will all stay the same for the next few years.
Also, nobody will beat Hutchens in 2010 or 2011. Hunt must be angry right now, he is so anti-La and the whole upper brass at OCSD is all LA.
Latest stats, 8 approved for renewal of their CCW's. Over 80 denied. You do the math.
She's gone in the election. She's proving to be nothing but a politician... a politician who will never get elected (notice I didn't say re-elected).
It amazes me how she is proving to be so nonsensical, power-attracted, and blatantly dishonest. It appears she doesn't really have a clue as to what she is doing. She is engaging in "busy work" to create the illusion of being in control. And her interpretation of the 2nd Amendment is scary as hell.... from someone who is supposed to protect us?
Maybe the dummies will believe that she his acting in their best interest. Fortunately, most of the dummies neglect to vote for OC Sheriff.
"Keep fixing problems that don't exist, Sandra."
We must spread the word to friends and colleagues. The margin of victory is so small in OC Sheriff elections that she will have little chance of winning. We must start now. Talk about her and about her nonsense. Campaign hard to get rid of her. Let the truth about her policies spread across the county like a virus... defeat her.
As a previous 15 year correctional officer that unavoidably comes into contact with gang member ex-cons, I was just turned down for the RENEWAL of my CCW permit. The letter said I didn't meet the standards of needing one for personal safety. Let me emphasize I do not leave the house daily packing a gun. It’s only on those select times where I have to share the same area as people I kept in line. Myself, and my family, while not directly threatened, have been made aware that my previous profession is well known.
So, with over 20 years in law enforcement, two decorated combat tours in Viet Nam, shooting every type of weapon the army has since the age of 17, I am still not trusted. I even had letters of reference from retired Orange County Sheriff Deputies. I guess the point of my little tirade in this paragraph, if I don’t qualify, just who the hell will.
God I can’t wait for the next election. I just pray all the anti-gun liberals don’t infest my county before then.