OC Sheriff Opposes Second Amendment, Becomes a Political Hack

Written by CA Political News on March 21, 2009, 12:18 PM

Sheriff revokes the gun permit for GOP heavyhitter
Mike Schroeder, also a Carona adviser, said he will fight revocation.

BY NORBERTO SANTANA JR., Orange County Register, 3/20/09 

Sheriff Sandra Hutchens is taking aim at the most politically charged gun permit in Orange County.

Hutchens this week notified attorney Mike Schroeder, the main adviser and closest ally to former Sheriff Mike Carona, that she is terminating his permit to carry a concealed weapon.

Schroeder, the former chairman of the state Republican Party, said he's not happy and plans to fight back.

"I believe that the action they are taking violates the law. And I'm reviewing what my legal options are at this point," Schroeder said. "I do believe that the sheriff has very broad discretion as to whether or not to issue a CCW, yet her claims that the law requires her to refuse to issue CCWS in most circumstances is simply false."

Schroeder added, "She should own the fact that she comes from a Los Angeles law enforcement perspective that is anti-gun and simply doesn't want most people to be able to receive a (permit)."

Hutchens, former homeland security chief with the Los Angeles Sheriff's Department, was out of town Friday and could not be reached for comment.

She has repeatedly argued that Carona granted permits to individuals who did not show good cause under state law.

Schroeder, a key Republican fundraiser, was a central figure in the Carona administration until an October 2007 federal indictment forced the sheriff to resign.

Carona was acquitted of most charges but is awaiting sentencing on one count of witness tampering. He favored handing out concealed gun permits, seeing it as a second amendment issue. Under his tenure, Orange County's permits soared.

Yet federal prosecutors questioned in their indictment whether Carona used the permits to reward campaign donors. Indeed, a Register analysis of gun permits found that at least 95 permits went to campaign supporters who generated more than $68,000 in donations.

Shortly after her appointment on a 3-2 vote by county supervisors last June, Hutchens announced that she would tighten the rules for getting concealed weapons permits.

County supervisors have held three separate hearings on her gun permit plans since last fall, while the issue has triggered a political firestorm for Hutchens. Supervisors at one point adopted a resolution calling on her to revise her stance.

California allows sheriffs across the state broad discretion on how they distribute concealed gun permits. Yet Hutchens points to a 1977 Attorney General opinion that she said limits her discretion.

At the urging of county supervisors, Hutchens froze revocations temporarily and has spent the last few months working with the California Department of Justice to develop a way that would allow her to take back the permits without harming the person's record.

Before negotiations began with the California DOJ, Hutchens said her department had sent out 423 revocation letters out of more than 1100 current permits.

At a supervisors meeting last month, Hutchens said her negotiations were almost over and the revocations would begin again.

Schroeder, echoing the sentiments of gun advocates, said Hutchens is making a big mistake challenging gun ownership in Orange County.

"There's a reason why all five supervisors are distancing themselves from her, acting as if they couldn't pick her out of a line up," he said. "It's because the second amendment right to keep and bear arms is still a deeply held belief in Orange County and it's an emotional issue."

Others, such as the Orange County Grand Jury, disagree.

Last month, the panel examined the gun permit issue and came down solidly behind Hutchens, arguing that her revisions were reasonable. They also advised county supervisors to "let the sheriff do her job."

"An orderly society is the goal," concluded their report. "Public safety is the paramount consideration. The fact that public clamor has reached the ears of politicians is irrelevant. The immediate revocation will get the issue back to square one. At that time, deserving individuals will qualify and others will be denied."