Laurie Smith’s attorney challenges civil grand jury’s allegations she flouted the law in her issuing of concealed-gun permits, but does not challenge allegations she violated gift-repor…
, and people with prominent figures, and ignored or shelved permit applications for people who weren’t so-called “VIPs.”
“Since the statute itself confers the broadest possible discretion upon the Sheriff in selecting among applicants, and the Accusation does not claim that she made even a single misjudgment, as a matter of law there was no ‘misconduct in office,’ ” Ruby wrote. Regarding a second CCW-related accusation, alleging that Smith’s policies and practices ignored her obligations to sufficiently vet non-VIP applications for good cause, Ruby argued that the state puts the burden of showing that cause on applicants, not Smith.
The gun permit-related accusations from the civil grand jury appear to be based on testimony from Smith’s staff, permit recipients, and witnesses who San Francisco prosecutors described as non-VIP permit applicants. Collectively, that testimony asserted that Smith’s working policy for CCW permits prioritized political donors and people with high public stature, while non-connected ordinary residents saw weeks and months go by without a response, if they got one at all.
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