A former captain in the Santa Clara County Sheriff's Office could soon be heading to prison after a jury convicted him on felony bribery and conspiracy charges this week. Captain James Jensen was one of then-Sheriff Laurie Smith's top dogs when Smith was running for re-election in 2018, and according to prosecutors he used his power and authority to grant several rarely-issued concealed carry permits to several individuals in exchange for donations to a supposedly independent committee supporting her campaign. 

Smith herself resigned from office in 2022, just before a jury found her guilty of corruption in a civil trial that centered around her involvement in the pay-to-play scheme. While Smith avoided the possibility of jail time thanks to the civil nature of the charges, Jensen is looking at the possibility of four years behind bars for his role in the corruption scandal.

Jensen, a former spokesperson for the Santa Clara County Sheriff’s Office, conspired with the chief executive officer and a middle manager from AS Solution Inc., an international security company. The company offered a $90,000 bribe in exchange for 10 to 12 Carry Concealed Weapon permits for its executive protection agents, according to prosecutors.

At the time the charges were filed in 2020, Santa Clara County District Attorney Jeff Rosen said the investigation “revealed a sad reality” that two different policies seem to exist within the Santa Clara County Sheriff’s Office for those seeking CCW licenses.

During Smith's civil trial, it was revealed that many carry applications submitted by average citizens were never even processed. Instead, they were essentially shoved in a drawer and ignored, even when the applicant had demonstrated "good cause" to carry, like an abusive ex who was threatening their life. 

The pay-to-play scandal has resulted in five convictions to date, but there could be more to come. Former Undersheriff Rick Sung has yet to face trial for his alleged role in the pay-to-play scheme, which prosecutors say also involved Apple’s head of global security Thomas Moyer and local insurance broker Harpreet Chadha.  

These cases have helped to highlight one of the inherent problems with "may issue" regimes or systems that grant law enforcement broad discretion in deciding who, exactly, gets to exercise their right to bear arms. These policies invite corruption and abuse, as we've seen in places like Santa Clara and New York City, which had its own pay-to-play scandal back in 2018. 

Thanks to the Supreme Court's decision in Bruen, which spelled the demise of "may issue" laws around the country, the potential for this time of corruption has lessened, but it hasn't gone away completely. Instead of demanding applicants show "good cause" or a "justifiable need" to carry a firearm, some jurisdictions are now relying on a subjective and arbitrary finding of "good moral character" or "suitability" before approving licenses, which leaves the door open for licensing authorities to engage in the same type of shady dealings that landed Smith, Jensen, and several donors in legal trouble. Bruen was a huge step forward for protecting our Second Amendment rights from government abuse, but there's still a long way to go before our rights are secure from corrupt government officials and their pay-to-play schemes. 

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