Merced County Sheriff Mark Pazin is one of several California sheriffs being scrutinized over his jurisdiction's concealed carry weapons permit process, and the issue has morphed into a lawsuit.
The permits allow residents to legally carry concealed firearms in public if they demonstrate proficiency with a handgun, pass a background check, show they are mentally stable and have a legitimate reason for a permit.
The lawsuit filed by three Merced County residents and the Calguns Foundation, a nonprofit organization that aims to protect gun rights, claims the Merced County Sheriff's Department has violated state law by requiring applicants to do more to obtain a permit than what's legally mandated.
Calguns also has Stanislaus County Sheriff Adam Christianson in its sights, but the group has not brought a legal challenge against him.
Gene Hoffman, a Calguns spokesman, said reviews on Christianson are "mixed."
"For the most part, qualified (Stanislaus) applicants are receiving licenses and a couple of application procedures have been dropped or modified," Hoffman said. "However, quite a few that parallel unlawful Merced restrictions remain."
Items called into question in Merced County include additional fees, assessments and a nine-month moratorium placed on new applicants.
The Sheriff's Department suspended issuing permits from April 19, 2010, to Jan. 13, 2011, said deputy Tom MacKenzie, sheriff's spokesman. He added that a huge demand for the permits and limited staffing because of budget constraints led to the hiatus.
The permits are again being issued by the Sheriff's Department in Merced County, MacKenzie noted.
That moratorium is the main cause of the lawsuit, which is still in its initial stages, said Mission Viejo-based attorney Jason Davis, one of the lawyers representing the plaintiffs. "Merced is one of the more egregious violators," he said. "That's why they've been targeted."
Pazin declined to comment on pending litigation.
Roger Matzkind, chief civil litigator for Merced County, didn't want to talk too much about the case either, since it's pending, but he did say both parties are looking at the law from different frames of reference. "We think we're right, and he (Davis) thinks it's not quite right," Matzkind said.
Plaintiffs Seth Rossow, Michelle Rossow and James Chester Clark each applied for permits in the latter half of 2010 and were denied, according to the complaint filed with Merced County Superior Court.
Seth and Michelle Rossow were missing forms required by the department to get a license, according to the complaint.
The reason Clark was given for his denial was "the influx of applications, budget cutbacks and staffing shortages," which led Pazin to establish the moratorium, according to the complaint.
After submitting a second application in February, Clark was issued a permit, according to the complaint.
With the lawsuit, Calguns hopes to get the Merced County Sheriff's Department to comply with state law, Davis said.
Calguns has found issues with weapons permit processes in several departments throughout California, and Davis said those will be looked into and lawsuits will be filed on a case-by-case basis.
MacKenzie said there are more than 700 active concealed carry weapons permits in Merced County.
There are about $200 worth of fees associated with obtaining a permit, which lasts for two years.
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