Salute v. Pitchess

California Court of Appeal Aug 26, 1976 No. Civ. 47881Published

Before: Kingsley

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Holding. The court held that a sheriff's policy of categorically denying concealed weapon permit applications, except for specific public officials, constitutes an unlawful refusal to exercise the statutory discretion required by Penal Code section 12050. The sheriff must evaluate each application on an individual basis to determine if the applicant meets the statutory requirements of good moral character, residency, and good cause.

Issues

Whether a sheriff's policy of categorically denying concealed weapon permits to all but a select group of public officials constitutes an abuse of discretion.
Whether the sheriff has a duty to investigate and determine the existence of 'good cause' on an individual basis for every applicant under Penal Code section 12050.

Disposition. reversed

Quotations verified verbatim against the opinion

“To determine, in advance, as a uniform rule, that only selected public officials can show good cause is to refuse to consider the existence of good cause on the part of citizens generally and is an abuse of, and not an exercise of, discretion.”

[559]

Opinion

KINGSLEY, Acting P. J.

Petitioners appeal from an order dismissing their petition for a writ of mandate, after a demurrer to that petition had been sustained.

For the reasons set forth below, we reverse the order.

Petitioners were and now are duly admitted attorneys-at-law and were duly licensed private investigators. As investigators they applied to respondent Sheriff of Los Angeles County for a permit to carry concealed weapons and their application was rejected. They sought relief in the trial court with the result above stated.

As duly licensed private investigators, petitioners are authorized to carry loaded firearms on their persons and in automobiles. (Pen. Code, § 12031, subd. (b)(7).) However, that section does not cover the carrying of such weapons in a concealed manner. Permission to carry a concealed weapon may be sought, as petitioners did here, by an application under sections 12050 and 12051 of the Penal Code. Those sections read as follows:

Section 12050: “(a) The sheriff of a county or the chief or other head of a municipal police department of any city or city and county, upon proof that the person applying is of good moral character, that good cause exists for the issuance, and that the person applying is a resident of the county, may issue to such person a license to carry concealed a pistol, revolver, or other firearm for any period of time not to exceed one year from the date of the license.

“(b) A license may include any reasonable restrictions or conditions which the issuing authority deems warranted, including restrictions as to the time, place, and circumstances under which the person may carry a concealed firearm.

“(c) Any restrictions imposed pursuant to subdivision (b) shall be indicated on any license issued on or after the effective date of the amendments to this section enacted at the 1970 Regular Session of the Legislature.”

[560]

Salute v. Pitchess

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