Department of Mental Health Sued Over Firearms Policy
CAUSE Legal Defense Fund Authorizes Litigation to Protect Off-Duty Right to Carry
On May 24, 2004 Metropolitan State Hospital modified its firearms policy to require the Chief of Hospital Police to advise Hospital Police Department officers and supervisors that they are prohibited from bringing firearms on to Hospital property. Pursuant to Penal Code Section 830.38 the Director of the Department of Mental Health has the discretion whether to arm Hospital Police Officers while they are on duty. However, pursuant to a line of Attorney General opinions and appellate court decisions, the Director has no authority to regulate the officers' right to carry firearms off duty. As peace officers they have a statutory right to carry off duty without need for a concealed weapons permit.
The problem which gave rise to the litigation is that the change in policy has the inherent effect of regulating Hospital Police Officers' right to carry off duty. There are no off site areas adjacent to the hospital for storage or lockers for officers to secure their weapons during their shift. As such officers are forced to elect betweeen not carrying their weapons during their commute (for protection of the public and themselves) or violating policy by storing their weapons in their vehicle which could subject them to discipline. Prior to filing suit the Silver Firm attempted to persuade the Hospital to provide lock boxes fror storage, however, DMH refused to agree to such a resolution.
DMH will have thirty (30) days from service of the Complaint in which to file a responsive pleading. The web site will be updated as information is received.
CAUSE Legal Defense Fund Authorizes Litigation to Protect Off-Duty Right to Carry
Source: Kasey Christopher Clark, CAUSE LDF Legal Administrator
Date: 6/27/2005
On May 24, 2004 Metropolitan State Hospital modified its firearms policy to require the Chief of Hospital Police to advise Hospital Police Department officers and supervisors that they are prohibited from bringing firearms on to Hospital property. Pursuant to Penal Code Section 830.38 the Director of the Department of Mental Health has the discretion whether to arm Hospital Police Officers while they are on duty. However, pursuant to a line of Attorney General opinions and appellate court decisions, the Director has no authority to regulate the officers' right to carry firearms off duty. As peace officers they have a statutory right to carry off duty without need for a concealed weapons permit.
The problem which gave rise to the litigation is that the change in policy has the inherent effect of regulating Hospital Police Officers' right to carry off duty. There are no off site areas adjacent to the hospital for storage or lockers for officers to secure their weapons during their shift. As such officers are forced to elect betweeen not carrying their weapons during their commute (for protection of the public and themselves) or violating policy by storing their weapons in their vehicle which could subject them to discipline. Prior to filing suit the Silver Firm attempted to persuade the Hospital to provide lock boxes fror storage, however, DMH refused to agree to such a resolution.
DMH will have thirty (30) days from service of the Complaint in which to file a responsive pleading. The web site will be updated as information is received.
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