Her regime made it clear that the right to keep and bear arms was not recognized in her county — unless you were willing to cough up a bribe.
Smith resigned late last year just three days before she was found guilty on all six counts of corruption and misconduct. She was accused of providing concealed carry permits to the well-connected in exchange for political donations and other considerations.
Her actions after almost 50 years with the sheriff’s office and over two decades at the county’s top cop made a mockery of gun rights. The average citizen was regularly denied the constitutional right to self-defense while the well-heeled could pay their way into the privileged club.
But that was then. Smith resigned and in the same year the U.S. Supreme Court obliterated “may issue” permitting systems. These also served as gatekeepers to deny the right to carry to law-abiding citizens.
The combination should have signaled a new day for gun owners in Santa Clara County, but it did not. The situation has not noticeably changed under the new sheriff.
Second Amendment attorney Kostas Moros recently revealed that only about three dozen applications have been approved and more than 900 remain pending. And then came a move from a municipality to further inhibit Second Amendment rights.
The Los Gatos City Council earlier this year approved a broad prohibition on carrying within city limits that was set to be enforced on Sept. 1. A sweeping declaration of “sensitive places” would effectively chill carry rights despite the high court’s clear direction.
But as is often the case, gun rights advocates sprang into action and effectively blocked the coming infringement.
This time it was the California Rifle & Pistol Association. Through the law firm Michel and Associates, a letter was sent to the Los Gatos government noting that the new city ordinance breached the constitutional rights of its citizens.
“Specifically, the ordinance makes it so that firearms are prohibited to be carried — even by those with a permit — in town property, public transit and places of worship.”
City officials met in closed session last week and decided to reverse course. Los Gatos city attorney Gabrielle Whelan said the ordinance would be shelved until the coming litigation against the state is settled.
Whelan said council members take the issue seriously. “The town’s ordinance is modeled on pending state legislation.” The ordinance will continue to be enforced at area schools but not on town property and other locations.
Whelan argued that the town took a conservative approach to the gun control statute, focusing on locations already cited in case law to avoid legal stumbling blocks.
State officials in Sacramento are already embroiled in controversy over a similar law that is set to be challenged in court. SB 2 will establish a long list of “sensitive places” where lawful gun owners will not be able to carry, much the same as was to begin in Los Gatos.
The city as well as Santa Clara County have their own issues besides those about to be thrust upon them by the state. The backlog of concealed carry applicants is unacceptable in the wake of last year’s Supreme Court ruling.
The good news is that city leaders decided to wait on legislation from the state which will be legally challenged before the ink from the governor’s signature is dry on the page.
With anti-gun forces in control in California, gun rights organizations are more important than ever. At every turn, political leaders are intent on stripping away constitutional rights, and this must be resisted.
