Department of Justice slams San Francisco over Sheriff’s gun permits blunder
The Department of Justice today accused San Francisco Sheriff Paul Miyamoto of violating the constitution in the aftermath of the revelation that concealed carry weapons permits issued by his office expired after officials failed to process timely-filed renewal requests.
The DOJ warned city authorities that, if they don’t get their house in order, they could face a lawsuit along the lines of the one they filed against Los Angeles in September, which accused the city of infringing residents’ second amendment rights amid a failure to determine CCW applications promptly.
“San Francisco’s failure to adequately staff its agencies while wasting millions of taxpayer dollars on woke projects, high-tech public toilets and mismanaged nonprofits is not an excuse to violate the constitution,” said a DOJ spokeswoman in a statement this afternoon.
“San Francisco would do well to review the lawsuit we filed against Los Angeles County and revise its policies and practices accordingly to ensure compliance with the law,” she added.
The warning comes a day after Sheriff Paul Miyamoto blamed budget and staffing cuts for his officials’ failure to process CCW renewal requests.
He apologized but did not guarantee a resolution.
“San Francisco’s failure to adequately staff its agencies while wasting millions of taxpayer dollars on woke projects, high-tech public toilets and mismanaged nonprofits is not an excuse to violate the constitution.”
Department of Justice spokeswoman
“We have experienced administrative delays in processing renewals and I take full responsibility for the Sheriff’s Office failure to process and renew CCW permits, which resulted in some unintentionally expiring,” said Miyamoto in a statement. “This should not have happened.”
A total of 43 applications are currently pending, say officials.
Applications for CCW permits began shortly after the June 2022 U.S. Supreme Court decision in New York State Rifle & Pistol Association v. Bruen which barred officials from requiring applicants to show ‘good cause’ to carry a firearm. Prior to the ruling San Francisco law enforcement agencies refused to issue permits to law-abiding city residents.
The Sheriff’s Office created a lengthy process that, for many applicants, took eighteen months and imposed some of the strictest requirements in the state, including a psychological evaluation.
163 permits were issued by the Sheriff post-Bruen. Initially valid for two years, they are now expiring, and renewals are pending.
“The delays are the direct result of significant shortages within our professional staff ranks. Due to city budget cuts, we are currently operating with only 63% of our normal professional staffing levels,” Miyamoto said.
“This reduction has had a substantial impact on our ability to process CCW applications and renewals in a timely manner.”
“I want to be clear,” Miyamoto concluded, “we are not attempting to block or limit anyone’s lawful right to carry a firearm.”
Applicants had been told that delays in their permit renewals were due to “City Hall”.
“If Sheriff Miyamoto wishes to avoid placing San Francisco in similar legal jeopardy, he must correct the issue immediately and ensure that no residents are denied their right to carry due to administrative failure.”
Adam Wilson, Gun Owners of California
The permitting failures also attracted criticism from Second Amendment campaigners in the Golden State.
“Constitutional rights don’t expire because an agency mismanages its budget,” said Adam Wilson, director of legislative affairs for the lobby group Gun Owners of California.
“A right delayed is a right denied and, even in the face of staffing or budget constraints, constitutionally protected activity must remain a top priority for any public safety agency.”
“San Francisco already maintains one of the most burdensome, restrictive and time-consuming CCW systems in the state, including requirements for psychological interviews that most jurisdictions do not impose. Post-Bruen counties may not convert administrative delay into a de facto denial of lawful carry.”
Wilson observed that authorities in Los Angeles and Santa Clara counties have already found themselves embroiled in legal action over their CCW permitting processes.
“If Sheriff Miyamoto wishes to avoid placing San Francisco in similar legal jeopardy, he must correct the issue immediately and ensure that no residents are denied their right to carry due to administrative failure,” he added.
The contretemps comes a month and a half after Mayor Daniel Lurie won plaudits for his ability to effectively deal with President Donald Trump and his administration amid a dispute over immigration enforcement in the city.
The distraction of a self-inflicted civil rights lawsuit helmed by DOJ civil rights chief – and former San Francisco attorney – Harmeet Dhillon is likely to be seen as the last thing he needs.
This story has been updated.
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