During rigorous application process, residents must prove ‘the
need’ for a gun
By Lori Stuenkel
Gilroy – In Alaska and Vermont, nearly any adult walking down the street or sitting in a local restaurant potentially has a loaded gun in his or her possession. Lawmakers in several states, including Wyoming and New Hampshire, are considering allowing the same unrestricted access to carrying concealed weapons.
In Gilroy, three residents have that right granted to them by Police Chief Gregg Giusiana. Under California law, local police chiefs or sheriffs may issue licenses to carry a concealed weapon to residents who justify a need to be armed, meet firearm qualifications, and pass a criminal background check, among other requirements.
“I look for there to be an articulable need for someone to carry a weapon,” Giusiana said. “It can’t just be an ‘I want’ or a desire, or ‘I’m in danger,’ they have to be able to say why they need it.”
For example, licenses in California are sometimes granted to jewelers or private investigators.
The three licenses Giusiana approved are held by two Gilroy Police Department officers, and one private citizen, a firearms instructor often carries and transports weapons as part of the instruction process, Giusiana said. He declined to provide their names to protect their safety.
Full-time peace officers are allowed to carry concealed weapons off-duty without a license.
“State law says we can carry off-duty because we’re police officers 24 hours a day, seven days a week,” said Sgt. Kurt Svardal. “We are not on duty all the time, but we are always police officers.”
The two reserve officers with concealed weapons permits are considered “level one,” or qualified to work on their own, and with training equal to a sworn officer. They both have been with the GPD for many years and work more than the 10 volunteer hours required for reserves.
“We review those applications – they go through that same process as someone else would,” Giusiana said.
Retired officers also must apply to carry concealed weapons.
Gilroyans rarely request such a license, Giusiana said, but he has turned down some applications. The first step in a request is to examine an applicant’s need for protection, and examine other options. Often times, people can find alternatives to carrying a gun to keep themselves safe, he said.
“I’m disinclined to issue them,” Giusiana said. “There’s other things people can do for their safety – carry (pepper) spray, carry a whistle – without having to carry a gun. The trauma involved in being in a shooting is very high, and that’s an issue.”
Police officers receive defensive tactics training every three months, he noted. They also have multiple weapons from which to choose during a confrontation, including batons, pepper spray, Tasers, and weapons that fire rubber bullets or pepper spray pellets.
“We have a whole range of weapons we can use before we use the guns. A person who has a concealed weapons permit, they either run or they have to pull their gun out,” Giusiana said.
There were 188 carry concealed weapons licenses issued in Santa Clara County in 2003, the most recent data available from the state Attorney General’s office. More than 45,000 licenses were issued state-wide.
Applications are obtained from and approved through the GPD, but are submitted to the California Department of Justice, which conducts a criminal background check.
New applicants must complete an approved training course that provides instruction in firearm safety and use laws. Courses are at least four hours long, but not more than 16, and must be completed within two months before the application date. Exceptions can be made for someone honorably discharged from the military or previously employed as a police officer.
Applicants also have to prove they can accurately use a gun. Gilroy’s license application includes a form, to be signed by a certified firearms instructor, that states the applicant can safely fire about 6 rounds into a target from seven yards away, within 10 seconds.
A GPD officer reviews the request, and if it appears to qualify, the applicant gets fingerprinted by the Santa Clara County Sheriff’s department. After a background check, a three-officer panel, including a supervisor, reviews the application and makes a recommendation to the chief, who makes the final decision.
“It’s not a simple procedure, and once you get it, you have to get it renewed,” Svardal said.
More specifically, it must be renewed every two years for private citizens, every four years for reserve officers.
It’s not cheap, either: A new application costs $105 and a renewal fee runs $42, or $76 for reserves.
