Retired Investigator Challenges State Controller on Concealed Weapons Endorsement Policy
CSLEA Legal Defense Authorizes Affirmative Relief Case to Prove Blanket Policy of Denial is Illegal Under State Law
After serving as a police officer for the City of Glendale for 18 years, Rivera was employed by the SCO as an investigator from July 1, 1998 until he retired on May 1, 2006. During his employment with the SCO, Rivera was issued and routinely qualified with a firearm. Rivera served as range master and performed the complete array of law enforcement functions. When Rivera travelled by airplane in the course of his duties, the SCO issued him a letter authorizing him to carry a concealed weapon.
Subsequent to his retirement, Rivera began inquiring with the SCO as to his entitlement to a concealed weapons endorsement (CCW) which would authorize him to carry a firearm as a retired law enforcement officer. When inquries were made of the SCO by the CSLEA Legal Division, it was discovered the SCO had altered its policy and had decided to discontinue the issuance of any concealed weapons endorsements to its retired peace officers, even if the officer had retired in good standing.
Given the blanket policy appeared to clearly violate the California Penal Code's requirement that denials of CCW's be based on a demonstration by the agency of good cause before a hearing panel, the CSLEA Legal Defense Fund Board of Trustees authorized affirmative relief to pursue civil remedies on behalf of Investigator Rivera.
On July 13, 2007, the Law Firm of Mastagni, Holstedt, Amick, Miller, Johnsen and Urhammer filed suit in Sacramento Superior Court. A copy of the suit is attached at the link below. The SCO is represented by the Attorney General's Office which is in the process of preparing an answer to the civil action. Once the answer is filed, the attorneys representing Mr. Rivera will commence taking depositions of those involved in providing Rivera the authority to carry firearms in the course of employment and those responsible for the development of the blanket policy of denial.
CSLEA Legal Defense Authorizes Affirmative Relief Case to Prove Blanket Policy of Denial is Illegal Under State Law
Source: Kasey Christopher Clark, CSLEA Legal Adminstrator
Date: 8/8/2007
After serving as a police officer for the City of Glendale for 18 years, Rivera was employed by the SCO as an investigator from July 1, 1998 until he retired on May 1, 2006. During his employment with the SCO, Rivera was issued and routinely qualified with a firearm. Rivera served as range master and performed the complete array of law enforcement functions. When Rivera travelled by airplane in the course of his duties, the SCO issued him a letter authorizing him to carry a concealed weapon.
Subsequent to his retirement, Rivera began inquiring with the SCO as to his entitlement to a concealed weapons endorsement (CCW) which would authorize him to carry a firearm as a retired law enforcement officer. When inquries were made of the SCO by the CSLEA Legal Division, it was discovered the SCO had altered its policy and had decided to discontinue the issuance of any concealed weapons endorsements to its retired peace officers, even if the officer had retired in good standing.
Given the blanket policy appeared to clearly violate the California Penal Code's requirement that denials of CCW's be based on a demonstration by the agency of good cause before a hearing panel, the CSLEA Legal Defense Fund Board of Trustees authorized affirmative relief to pursue civil remedies on behalf of Investigator Rivera.
On July 13, 2007, the Law Firm of Mastagni, Holstedt, Amick, Miller, Johnsen and Urhammer filed suit in Sacramento Superior Court. A copy of the suit is attached at the link below. The SCO is represented by the Attorney General's Office which is in the process of preparing an answer to the civil action. Once the answer is filed, the attorneys representing Mr. Rivera will commence taking depositions of those involved in providing Rivera the authority to carry firearms in the course of employment and those responsible for the development of the blanket policy of denial.
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