A new law that restricts where licensed concealed carry weapons permit holders can carry guns will not be strictly enforced in one California county.
Sutter County Sheriff Brandon Barnes and Sutter County District Attorney Jennifer Dupré made their stand on Senate Bill 2 in a Facebook post.
SB2 bans carrying a gun in a wide variety of public places such as playgrounds, public transportation, stadiums, amusement parks and museums, according to The New York Times. The law also prohibits carrying guns in private businesses that do not post a sign allowing them — a clause New York state tried to enact but had struck down.
On Dec. 30, a federal appeals court overturned a lower court ruling that held off enforcement of the law as challenges about its constitutionality went forward, meaning the law took effect.
But in Sutter County, which is located north of Sacramento, things are a little different.
“We have no interest in criminalizing constitutionally protected behavior. We took an oath to uphold our Constitution and will work to protect the rights of our citizens. This issue is far from being resolved and we are hopeful the courts will rule in favor of our constitution. We will continue to keep our community informed on this important issue,” Barnes and Dupré posted, sending a message that blanket enforcement of the new law is not in their plans.
“As a Sheriff’s Office, we use discretionary decision-making in our investigations and act in accordance with the spirit of the intended law. As a District Attorney’s Office, we evaluate cases based on the totality of the circumstances and the ability to seek successful prosecution based on the evidence presented to us,” the post read.
“The Sutter County Sheriff’s Office and The Sutter County District Attorney’s Office will work collaboratively to evaluate circumstances on a case-by-case basis and do what is in the best interest of justice and our community,” the post said.
Dupré later explained the post.
Do you support their joint decision?
“I think there are so many questions that haven’t been answered. There are so many unintended consequences that might occur,” Dupré said, according to CBS.
“They wanted to know, basically, from my office’s point of view: is there going to be blanket prosecution in every single case?” Dupré said.
“Somebody was asking me how many cases we’ve had involving people with CCWs, and, granted I’ve only been in office a year, we’ve had zero,” she said.
Marysville resident Henry Chimes, who owns Union Guns and Gear, backs the DA and sheriff.
“Most of the citizens here believe in the Second Amendment and the right to bear arms and carry arms in a lawful manner,” he said.
Dupré told the Appeal-Democrat the post was an attempt to keep residents informed.
“Ethically, we cannot prosecute a case in which we either do not believe the suspect is guilty, or do not believe we can convince 12 impartial jurors beyond a reasonable doubt (or both).
“[W]e wanted to remind the public that not every case can be charged and prosecuted if our evaluation of the case and charges indicate either a lack of guilt or an inability to prove a case beyond a reasonable doubt. This applies to SB2 cases as well,” she said.
