In the past three days two of the largest counties in California have witnessed their sheriffs switch from ‘may issue’ to ‘shall issue’ in the wake of the Peruta v. San Diego reversal by a federal court.
San Diego County’s sheriff, who was expected to appeal the decision, announced late Friday that he would respect the court’s findings and not seek an en banc review of the case.
“Since becoming Sheriff, I have always maintained that it is the legislature’s responsibility to make the laws, and the judiciary’s responsibility to interpret them and their constitutionality. Law enforcement’s role is to uphold and enforce the law,” said San Diego County Sheriff Bill Gore in a press release (pdf) late Friday.
Gore acknowledged this authority in saying, “The legislature certainly has the power to amend California’s firearm carry process, and the Ninth Circuit has the ability to bring its own motion to rehear the decision of the three member panel en banc.”
“However, while the court’s decision clearly involves a question of exceptional importance, and conflicts with decisions of other United States Courts of Appeals, the opinion provides clear guidance in the context of issuing CCWs in California,” it continued.
“I see no need for me to petition for a hearing or rehearing en banc in order to be able to carry out my duties as Sheriff of San Diego County,” he added. “As a result, I have advised the Office of County Counsel that I will not seek such a hearing.”
With this, “should the decision of the Ninth Circuit become final, the San Diego Sheriff’s Department will begin to issue CCW’s in situations where the applicant has met all other lawful qualifications and has requested a CCW for purposes of self-defense” concluded the press release.