Sippel v. Nelder

Opinion

ROUSE, J.

Plaintiff William Sippel brought this mandamus action against the San Francisco Chief of Police, seeking to invalidate certain San Francisco ordinances and to compel the defendant to cease depriving plaintiff of his right to purchase a concealable firearm and possess same at his residence.

Section 613 of the San Francisco Police Code provides in pertinent part that it shall be unlawful for any person in the business of selling concealable firearms to sell such a weapon to a person who does not exhibit a permit issued by the San Francisco Chief of Police authorizing the purchase of said firearm.

Section 35.6 of the San Francisco Municipal Charter provides in pertinent part that the chief of police may refuse to issue any permit “if it shall appear that the character of . . . the applicant requesting such permit does not warrant the issuance thereof. ...”

Plaintiff Sippel is approximately 40 years of age, a citizen of the United States and a resident of San Francisco. He has never been convicted of a felony and has never been a narcotics user or addict.

On March 11, 1970, plaintiff attempted to purchase a concealable firearm, to be kept at his residence, from a San Francisco pawnshop. However, the clerk advised him that he was required to obtain a permit from the police department authorizing the purchase of such firearm.

Plaintiff went to the police department and applied for a permit. Following an interview, the permit was denied. The basis for the denial was that plaintiff had been convicted of five misdemeanor offenses, including trespass, shoplifting and petty theft. In addition, the officer who interviewed plaintiff felt that he demonstrated a belligerent attitude toward the police and that the existence of this attitude was borne out by police records showing that plaintiff had in the past used profane language and made threats toward arresting officers.

Following the exhaustion of his administrative remedies, plaintiff brought the instant action. The trial court found against plaintiff and entered a judgment denying him a peremptory writ of mandate. The instant appeal followed.

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