Sheriff Stan Sniff Sued Over Handgun Carry Policies

Sheriff Stan Sniff and the County of Riverside now face a federal lawsuit over their handgun carry license policies. This article covers the complaint, the response from the sheriff’s side, and the coverage from the Press-Enterprise.

Lawsuit filed against Sheriff Stan Sniff

Los Angeles, CA — Today, attorneys for a Riverside County resident and five public interest organizations filed a new federal lawsuit against the Sheriff Stanley Sniff and the County of Riverside. The suit targets handgun carry license policies and practices. Meanwhile, the plaintiffs allege those policies are unconstitutional. You can view a copy of the complaint for van Nieuwenhuyzen v. Sniff at www.calgunsfoundation.org/sniff.

First, plaintiff Arie van Nieuwenhuyzen purchased a handgun with the intention of eventually lawfully carrying it for self-defense. He asked the Riverside County Sherriff’s Department how he could apply for a “CCW” license to carry it in public. However, the Sheriff’s Department told him that he could not even apply for a license under Sheriff Sniff’s handgun policies and practices. The department said he was a legal U.S. resident and not a U.S. citizen. According to the plaintiffs, that policy is unconstitutional.

Statements from lead attorney George M. Lee

“Courts across the country have long held that legal United States residents are entitled to the same constitutional protections as everyone else,” explained lead attorney George M. Lee. “Sheriff Sniff’s discriminatory and unconstitutional policies and practices are denying people access to the right to keep and bear arms and violating the Fourteenth Amendment’s command that all people shall enjoy equal protection of our laws.”

Plaintiff van Nieuwenhuyzen has been a legal resident of the United States, living in Riverside. Since 1983, he “has raised an American family, owned a successful business, been involved in his community, serves as a member of his church and Sunday school teacher, and has obeyed all laws and customs of his adopted country and state,” Lee wrote in the complaint.

“Mr. van Nieuwenhuyzen has a fundamental human right to carry his gun outside his home for self-defense, but Sheriff Sniff’s policies and practices prevent him from doing so. Those customs are our first target in this case, and we look forward to forcing Sheriff Sniff to respect and follow the United States Constitution,” concluded Lee.

Who represents and backs the plaintiffs

In addition, attorney George M. Lee of San Francisco litigation firm Seiler Epstein Ziegler & Applegate LLP represents the plaintiffs. Five groups back the lawsuit: California Gun Rights Foundation (CGF), Second Amendment Foundation (SAF), Firearms Policy Coalition (FPC), Firearms Policy Foundation (FPF), and Madison Society Foundation (MSF). These groups are also institutional plaintiffs in the case, and Riverside County residents are affected.

What the Press-Enterprise published about the case

The press-enterprise published:

In his lawsuit, Arie van Nieuwenhuyzen, a legal U.S. resident born in The Netherlands, argues the Sheriff’s Department violated his rights last year. It told him he could not apply for a permit because he is not a U.S. citizen. Next, the Riverside resident and business owner said he bought a handgun for self-defense purposes. He said that need extends beyond his home.

“Courts across the country have long held that legal United States residents are entitled to the same constitutional protections as everyone else,” the plaintiffs’ attorney, George M. Lee, said in a statement. “Sheriff Sniff’s discriminatory and unconstitutional policies and practices are denying people access to the right to keep and bear arms and violating the Fourteenth Amendment’s command that all people shall enjoy equal protection of our laws.” The other plaintiffs are the Calguns Foundation and the Second Amendment Foundation. Also, the Firearms Policy Coalition, the Firearms Policy Foundation, and the Madison Society Foundation are also plaintiffs.

Defendants named in the lawsuit

Next, the lawsuit names Sniff and Riverside County as defendants. Also, County spokesman Ray Smith deferred to the sheriff’s office for comment.

Riverside County sheriff candidate Chad Bianco (File photo).

Sheriff Stan Sniff responds to the lawsuit

Sniff believes the lawsuit aims to help sheriff’s Lt. Chad Bianco, who is challenging the sheriff in the upcoming general election. “This is purely a campaign ploy by a guy that’s not qualified for the office pulling out all the stops,” Sniff said.

Then, Bianco campaign spokesman Andre Levesque said Sniff’s comments are “(a) typical explanation.”

“He blames others for releasing 30,000 inmates early, (for) his fiscal mismanagement, and (for) violent crime rates increasing in Riverside County,” Levesque said. “He is in charge, the buck stops with him. All of these issues will be addressed when Chad Bianco is Sheriff.”

In an email, the Firearms Policy Coalition wrote this: “Sheriff Sniff’s hilarious response shows how desperate he is to deflect from what the lawsuit is about: his unconstitutional, unlawful, and discriminatory policies and practices.”

However, a check of campaign finance records shows no obvious donations to Bianco’s campaign by the plaintiffs.

Support from gun rights groups

Sniff said he has the support of “more moderate” guns rights groups. Those include the National Rifle Association and California Rifle & Pistol Association. He referred to an NRA TV segment featuring an interview with rifle and pistol association Executive Director Rick Travis. Travis said he didn’t understand why people sued Sniff. Los Angeles County Sheriff Jim McDonnell issues far fewer concealed carry permits in a much larger county.

“The person in question in this lawsuit didn’t even apply for a CCW; (he) did a simple inquiry,” Travis said. “If you look at the actual record of Sheriff Sniff, he has a 98 percent approval rating of everybody that applies. So this is totally suspect … and just another example of poor politics that divide our community in the Second Amendment rather than bring us together.”

Concealed carry permits under Sheriff Stan Sniff

According to that county’s sheriff’s office, Los Angeles County has 189 active concealed carry permit holders. L.A. County has roughly 10 million residents.

Meanwhile, Riverside County is home to about 2.4 million people. It currently has about 4,000 active concealed carry permits, sheriff’s officials said. That number has risen from roughly 1,200 in 2014 to about 3,000 in 2017.

Concealed carry permits have become an issue in the sheriff’s race. Also, Bianco has criticized Sniff for not issuing permits in a timely manner. Per published reports, the wait has taken as long as two years.

“I believe that every person who desires a concealed weapons permit, otherwise not prevented by law or psychological concern, should be granted a permit,” Bianco says on his campaign website. He continues: “ … I believe that a right delayed is a right denied. I will strive to provide the county with the services they demand.”

Finally, Sniff has blamed the slow pace of permit approvals on a lack of funding. He also blamed a spike in demand following the 2015 San Bernardino terror attack. In addition, he has said the budget the Board of Supervisors approved this year gave him more resources to process permit applications.

Sheriff Stan Sniff versus Chad Bianco in the sheriff’s race

Sniff has been sheriff since 2007. Now, he is in the fight of his political life against Bianco. Bianco finished first in the June primary and beat Sniff by more than 14,000 votes. Overall, four candidates ran for sheriff in the primary. Meanwhile, 68 percent of voters chose someone other than the incumbent.

Meanwhile, Bianco has said Sniff’s mismanagement has led to poor deputy morale and puts public safety at risk. Sniff said he’s guided the department through tough budget times. However, he counters that Bianco is beholden to a union determined to run the Sheriff’s Department. Bianco has received at least $850,000 from the union representing sheriff’s deputies.

Key takeaways

Attorneys filed a federal lawsuit against Sheriff Stanley Sniff and the County of Riverside.
The plaintiffs allege the handgun carry policies are unconstitutional. A legal U.S. resident who is not a citizen could not apply for a license.
Sniff believes the lawsuit is meant to help Lt. Chad Bianco, his challenger in the general election.
Concealed carry permits have become an issue in the sheriff’s race.

Riverside, California Sheriff Stan Sniff Sued for “Discriminatory and Unconstitutional” Handgun Carry Policies in Federal Court

Lawsuit filed against Sheriff Stan Sniff