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 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.