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Apple

Apple's IPads-for-Concealed-Firearms-Licenses Bribery Case Moves Forward (reason.com) 68

"Generally you may not carry a concealed firearm on your person in public," warns a California government web site, "unless you have a valid Carry Concealed Weapon (CCW) license." And a California appellate court associated justice writes that in the county where Apple is located, "the Santa Clara County Sheriff's Office rarely issued CCW licenses."

This has led to Thomas Moyer, Apple's head of global security, facing bribery charges, reports Reason's legal blog, the Volokh Conspiracy. According to the judge's statement (citing the case of the public defender)... ...the Santa Clara County undersheriff requested — and defendant Thomas Moyer made — a promise to donate iPads to the Santa Clara County Sheriff's Office in exchange for releasing concealed carry weapon licenses that the sheriff had signed. Consistent with the Ninth Circuit's interpretation of California law, federal law and the law in many states, we conclude that such a promise may constitute a bribe. We also conclude that the evidence presented to the grand jury was sufficient to raise a reasonable suspicion of such bribery. Accordingly, we reverse the trial court's order dismissing the bribery count against Moyer, reinstate that count, and remand for further proceedings.
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Apple's IPads-for-Concealed-Firearms-Licenses Bribery Case Moves Forward

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  • by systemd-anonymousd ( 6652324 ) on Saturday September 02, 2023 @02:44PM (#63817480)

    It's a well-known fact that the Sheriffs' offices in those ares of California require bribes before you can get your CCW. That's how all the rich people and celebrities get them, while ordinary citizens do not.

    The court should be investigating why they're taking bribes in the first place (and look at the mysteriously active history of concerned citizens donating out of the goodness of their hearts), but of course they focus on one of the people simply doing what he can to actually get the Sheriff's office to do its job.

    • by systemd-anonymousd ( 6652324 ) on Saturday September 02, 2023 @02:51PM (#63817490)

      I need to add that the officials were probably offended as to the nature of the bribe, and that's why this is under investigation. Residents know the go-to bribe is $10k+ in hard cash to Sheriff Laurie Smith's election campaign. 79% of CCW applicants who donated were approved. 94% of non-donors were rejected. https://www.nbcbayarea.com/new... [nbcbayarea.com]

      Violating constitutional rights and taking cash to selectively do your duties is treasonous, in my opinion. But the Bay Area is corrupt as fuck.

      • This is from an old state of affairs. The SCOTUS has already declared "may issue" laws unconstitutional. All states and all counties are now "shall issue" jurisdictions. If you can own a gun and show proficiency holstering it and handling it, the sheriff must issue you a CCW permit.

        It does raise the question why Apple resorted to bribery rather than just sue the shit out of the sheriffs office on 2nd Amendment grounds. Maybe optics?
        • It wasn't really Apple, but one of their employees with a high enough position to be able to use the resources of his employer rather than his own money for the bribe. I can't imagine the company is happy with him either. First he's stealing from them, but far worse is the bad publicity.
          • The "bribe" was an open offer to a government agency for a service.

            The iPads would have been used by government employees, which presumably would benefit the public.

            No payment was made or offered to any individual person or any reelection campaign. The only beneficiary was the public.

            The sheriff solicited the "bribe" but for his department's use, not for his own benefit.

            As a resident of Santa Clara County, I feel a distinct lack of outrage about this.

            • I think you should be outraged some though.

              I mean, imagine if you went in for, say, a marriage license, driver's license, business permit, or whatever, and rather than just the statutory fee, the clerk asked you for, say, a new coffee machine for their office?

              Or you weren't getting your permit on time...

              • That's a poor analogy because those other licenses are normally issued.

                CCW licenses are generally not issued in Santa Clara County.

                So Apple wasn't asking to be treated normally. They were asking for a special favor. So the sheriff asked for a special favor in return.

                I agree that this isn't the way the government should work, but the CCW system in California is specifically designed to give local sheriffs discretion.

                • That's a poor analogy because those other licenses are normally issued.

                  CCW licenses are generally not issued in Santa Clara County.

                  So Apple wasn't asking to be treated normally. They were asking for a special favor. So the sheriff asked for a special favor in return.

                  I agree that this isn't the way the government should work, but the CCW system in California is specifically designed to give local sheriffs discretion.

                  Stop saying this was "Apple", when there is no proof that this was anything other than a rogue employee.

            • by alvinrod ( 889928 ) on Saturday September 02, 2023 @05:27PM (#63817800)

              As a resident of Santa Clara County, I feel a distinct lack of outrage about this.

              I feel this goes a long way to explaining the deplorable state of your government.

          • Apple is its employees.

            I'm going to guess he was told to make it happen, someone higher up signed off on the donation and that whoever signed off nudge nudge winked winked any explicit communication of why it was needed. Shit and responsibility rolls down hill, plausible deniability floats up to the rest of the turds.

        • by ppanon ( 16583 )

          In fact it sure sounds like Undersherriff Sung solicited a bribe, and it's unfortunate for the Apple security folks that they weren't recording the conversation at the time (although that may have been illegal in California where all parties need to consent to a private conversation being recorded). When it's a he-said-she-said situation with the police, especially the top of the hierarchy, the courts will nearly always side with the police. So Moyer effectively had a choice, pay the solicited bribe or leav

          • Why do they need a gun to defend themselves? If they are threatened they should just call the police.

            • by cstacy ( 534252 ) on Saturday September 02, 2023 @05:42PM (#63817842)

              Why do they need a gun to defend themselves? If they are threatened they should just call the police.

              When seconds count, the police are only minutes away.

              But "gun control" is really off-topic here.
              This story is about government corruption.

              • It's the same thing. The sherif creating and enforcing unconstitutional gun control policies to line their own pocket is a double whammy against the citizens.

        • I can assure you that it's still not possible to obtain CCWs in Santa Clara county. The SCOTUS ruling created a massive influx of applications and they're using that as an excuse to drag their feet and not issue anything substantial. They require a psychological evaluation with an approved psychologist, logged gun training hours that they recognize, an internal criminal background check (of indeterminate length of processing time), and an in-person interview with the **VERY** busy and overworked heroes of t

          • by cstacy ( 534252 )

            Someone will sue them over those requirements and procedures. This game has been played in several places, and the outcome is certain. It may take a while to get fixed, though. "A right delayed is a right denied." Also, SCOTUS: "No we're not kidding, nor amused by you're trying to get around the {Heller|Bruin} ruling. Cut that shit out."

        • by uncqual ( 836337 )

          Bruen came down long after the bribery in this case. In fact the corrupt Sheriff Laurie Smith was convicted of charges related to this situation less than six months after Bruen was decided.

          The Apple case probably wouldn't have been a great test case anyway.

        • by rossz ( 67331 )

          Except they creating new requirements for the CCW, such as letters of reference and psych evaluations. Also, there are HUGE delays in getting your application processed.

        • by Hasaf ( 3744357 )
          When I was renewing my CCW , back when my home was in California (I was actually working out of the country), I asked about that. I noticed that the sheriff's sergeants running the range qualification were not even scoring the targets. I was told that what they were really doing was watching for any unsafe gun handling.
      • The humorously ironic part is that Laurie Smith is a Republican.
      • But the Bay Area is corrupt as fuck.

        (SF Resident #24732) "Dammit, they're onto us."

        (SF Resident #38756) "I wonder if it was the smell that gave it away..."

    • by HBI ( 10338492 ) on Saturday September 02, 2023 @02:52PM (#63817492)

      Regulation has amongst its fruits, corruption. If you leave even a little wiggle room to a local official, they'll use it to make money.

      People from Jersey know this one by heart.

      • If you leave even a little wiggle room to a local official, they'll use it to make money.

        That's why regulations should say "will issue" and not "may issue". Petty bureaucrats should have as little wiggle room as possible.

    • Virtually all California CCW permit requests submitted without "special handling" were rejected because the applicant could not demonstrate a need for the the permit. The Supreme Court decision New York State Rifle and Pistol Association v. Bruen found that need was not sufficient reason to deny a permit request. As a result pretty much all California CCW issuing authorities are granting permits to those that otherwise qualify.
      • Yeah, I remember reading about this stuff.

        Very frankly, the NRA demonstrated extreme racism in the permitting process. IE if you were black, don't bother. In attempting to prove that it wasn't racism, they instead almost accidentally proved extreme corruption, IE bribery, to get the permits.

        I mean, how else do you explain why the black woman whose ex made it a habit to write her letters from prison on his plans to rape, torture, and murder her when he got out, and for some reason said letters weren't suff

        • Very frankly, the NRA demonstrated extreme racism in the permitting process.

          Wait, wut? The NRA doesn't issue CCW permits, in California, or anywhere else.

          • That was poorly phrased. I meant that the NRA proved in court that many/most "may issue" districts had extreme racism.

            Ergo, they demonstrated that California's system was racist.

        • >"Very frankly, the NRA demonstrated extreme racism in the permitting process."

          What are you even talking about? The NRA doesn't issue permits. They have been fighting these corrupt and unconstitutional schemes that certain states (like California, New York, etc) have been using to prevent people from exercising their constitutional rights for many decades.

          • That was poorly phrased. I meant that the NRA proved in court that many/most "may issue" districts had extreme racism.

            I ended up skipping some intended words.

            Ergo, they demonstrated that California's system was racist.

    • by e3m4n ( 947977 )
      The court should investigate why the state is ignoring a supreme court ruling requiring them to be a SHALL ISSUE state over their previous MAY ISSUE standing. The Bruen decision overrides whatever CA thinks it can do on its own.
      • These incidents were in 2017-19, so pre-Bruen.
      • For insight on this, look in detail at what various state and local governments did in the wake of Brown v Board of Education. TLDR: they flipped off the SCOTUS, ignored the ruling, and ramped up their unconstitutional laws and policies.

      • FWIW it's not a state thing -- CCWs are done on a per-municipality/county basis, and LET ME BE VERY CLEAR some counties (and yes, Santa Clara is one of them) are dragging their feet and should be sued. Some counties (I live in San Mateo county, right north of Santa Clara) invested a ton of effort in modernizing their CCW application systems and have been able to keep up with applications -- It took me about 4 months to get my CCW in Q4/2022, and at least some of that was various delays on my side. No spec
    • by rossz ( 67331 )

      I'm in Alameda County where there is no chance of obtaining a CCW unless you have the right political connections $$$$$$.

      The basic rule is if your county is on or near the coast, you won't be getting a CCW, with a few exceptions. Go deep inland and you usually can obtain a CCW with little or no problem.

    • by LKM ( 227954 )
      This case seems fricking weird to me. The actual police department requested a bribe, but the guy who was put in a situation where he has to pay a bribe to receive fair treatment is the one who has to go to court? Make it make sense.
  • The Supreme Court in New York State Rifle and Pistol Association v. Bruen, ruled that concealed carry permit applicants no longer have to show a need in order to qualify for a permit. As a result, thousands of Californians have been approved and issued concealed carry permits.

    The bribery ultimately accomplished nothing other than getting someone a felony accusation and Apple bad publicity.
    • by Agripa ( 139780 )

      The bribery ultimately accomplished nothing other than getting someone a felony accusation and Apple bad publicity.

      Odd how those in the sheriff's office were not charged with extortion, which is really what it was.

  • ...the Santa Clara County undersheriff requested...

    So, a public official solicited a bribe? Are they, too, being prosecuted?

    Come to that, could Moyer's legal team argue "entrapment"?

    • Tricky. Entrapment as a defense requires that the accused to have been forced. For example "Take this cocaine to my buddy or I kill your family!" as in John Delorean's case. So a corrupt prosecutor could say "You could have just not sought a permit. The prosecution rests.".

      But now that owning and carrying arms is re-recognized as a civil right, those paying the bribes could legitimately be called crime victims.

    • They were. The Sheriff, Lori Smith, was found guilty of all counts a few hours after she resigned (in an attempt to facilitate her lawyers arguing the trial should be ended because at that point she was no longer sheriff. That attempt was unsuccessful). https://abc7news.com/santa-cla... [abc7news.com]
    • by Agripa ( 139780 )

      ...the Santa Clara County undersheriff requested...

      So, a public official solicited a bribe? Are they, too, being prosecuted?

      Come to that, could Moyer's legal team argue "entrapment"?

      They investigated themselves and found that they did not commit extortion.

  • Imagine living in such an affluent part of the world yet still being scared enough to feel the need to carry a weapon.

    • Imagine being so naive that you think you're safe because police and you live in a "good" neighborhood. As if those who can't live in such neighborhoods don't deserve the means to defend themselves. Never mind that violent crime happens not just where homes are.

    • by Agripa ( 139780 )

      Imagine living in such an affluent part of the world yet still being scared enough to feel the need to carry a weapon.

      This is the same state which has San Fransisco and Stockton.

  • This whole thing seems like a badly written surrealist novel.

  • Same problems in NYC with their license division and multiple corruption scandals ever since that division started.

    GIFTS 4 GUNS it was called and only the wealthy and connected could get carry permits if they hire the correct fixer or expediter and pay enough bribes to them.

    I dealt with the division first hand and had my residence permit issued after 8 month wait and interviews but was told not to bother trying to upgrade or apply for a carry permit as that would be impossible. I didn't want to force the i

After all is said and done, a hell of a lot more is said than done.

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