Stalled Sonoma County Sheriff’s proposal would make concealed weapon permits costlier, harder to get

A plan by Sonoma County Sheriff Steve Freitas to require a psychological evaluation for all those seeking permission to carry a concealed firearm has stalled amid opposition from gun rights groups over the cost to applicants.

The proposal from Freitas needs approval from the Board of Supervisors for a fee increase, from $212 to $767. Sheriff’s officials say the fee hike is needed to cover the cost of the psychological exam they want to impose for people applying to carry small, hidden guns.

The proposal quickly drew the attention of gun rights activists. A law firm representing the National Rifle Association and California Rifle and Pistol Association sent a letter to supervisors arguing the fee increase would violate state law.

The proposed fee hike, originally set for consideration by supervisors on Nov. 1, then postponed to Tuesday, has now been pulled from the board’s agenda for further legal study. Sheriff’s officials were not available Saturday to elaborate on that review.

Capt. Clint Shubel said the $150 allowed under the penal code doesn’t come close to covering the cost of the 3.5-hour exam, and sheriff’s officials think state law allows supervisors to raise such fees when needed.

If the plan is implemented, Sonoma County would join three other California counties - Alameda, Kings and San Benito - that require psychological evaluations for every person seeking permission to carry a concealed firearm, according to the Sheriff’s Office.

“The driving factor behind this is to make sure whomever we’re giving the permit to is free from any psychological condition that would make them unsuitable to carry a weapon,” Sheriff’s Capt. Clint Shubel said.

Shubel said no specific case or incident sparked the decision to start requiring the psychological exam, which is allowed by law and currently used on a case-by-case basis. The policy has been on Freitas’ priority list since he took office in 2011, Shubel said. The Sheriff’s Office decided to re-evaluate the entire process following recent changes by the state, which he described as small adjustments like rewording and laminating permit cards.

On Oct. 31, the day before Sonoma County supervisors were originally scheduled to discuss the matter, a lawyer for the gun rights advocacy groups sent a letter voicing opposition to the fee increase, arguing it was against the law.

In a five-page letter from Los Angeles attorney Matthew Cubiero, the gun advocacy groups argued Sonoma County’s fees are “invalid and unenforceable,” adding that the state caps the basic permit fee at $100 and the psychological testing fee at $150.

The group also demanded supervisors repeal an earlier fee increase - from $100 to $212 - which the board unanimously approved in April.

Cubiero noted that only three other counties force applicants for concealed carry weapon permits to undergo a psychological examination, “indicating that a vast majority of sheriffs find such a requirement unnecessary.” Cubiero couldn’t be reached Friday for additional comment.

Board Chairman Efren Carrillo postponed the discussion to Tuesday’s supervisors’ meeting, and the agenda item was later pulled. Californians applying for a permit to carry a pistol, revolver or other firearm capable of being concealed must submit an application with proof they have good moral character, have good cause to receive a permit, are a resident of that jurisdiction and complete a firearms training course.

California penal code states that applicants “may be charged for the actual cost of the (psychological) testing in an amount not to exceed $150.” However, in its staff report to the supervisors, the Sheriff’s Office argued California’s government code allows county supervisors to raise fees “in an amount reasonably necessary to recover the cost of providing any product or service.” Shubel said $150 is far below the actual cost of the exam, which the Sheriff’s Office has estimated at $485. It also seeks an additional $70 for unspecified department costs.

“The Penal Code ceiling on the psychological testing rate has been a deterrent to medical professionals who can provide those evaluations,” according to the sheriff’s staff analysis.

California law gives law enforcement agencies discretion in how they determine whether to issue conceal carry weapon permits.

San Francisco and Kern counties have similar-sized populations - with about 860,000 and 880,000 people respectively - but they have vastly different policies when it comes to guns. Only two people currently have permits to carry a concealed gun in San Francisco County whereas 7,226 people have permits in Kern County, the highest number in the state, according to October statistics from the state Department of Justice.

On the North Coast, Mendocino County leads with 1,125 active permits. There are 476 permit holders in Napa County, 422 permits in Lake County and 99 in Sonoma County. Those numbers include all law enforcement agencies.

The Sheriff’s Office received 81 applications for concealed weapon permits last year, and it approved seven. It gives priority to people with specific reasons for needing to carry a weapon for protection, such as victims of domestic violence or business owners who frequently carry cash to and from the bank or sell high-value goods. Judges and reserve officers are also common permit recipients.

The Sheriff’s Office handles concealed weapon permitting requests for some of the area’s smaller police agencies, including Cloverdale, Healdsburg and Rohnert Park. It requires psychological exams on a case-by-case basis. The proposal is to make it mandatory for all applicants.

Santa Rosa Police Sgt. Josh Ludtke, who runs the violent crimes investigations team that is in charge of processing permit requests in the city, said it has required psychological exams for years. Additional details weren’t available Friday. Other local agencies, including Sebastopol, have used the psychological evaluations on a case-by-case basis.

California has some of the most restrictive rules for gun ownership in the country, according to Craig DeLuz, spokesman for the CalGuns Foundation, a Roseville nonprofit group that advocates for gun owners’ rights.

Psychological testing “is not common practice, but it is allowable by law,” he said.

DeLuz said his group objects to psychological testing because there is no standard procedure for determining whether someone is capable or qualified to have a concealed weapons permit.

“If it’s arbitrary and secret, it doesn’t promote equality under the Constitution,” DeLuz said.

You can reach Staff Writer Julie Johnson at 707-521-5220 or julie.johnson@pressdemocrat.com.? On Twitter @jjpressdem.