DOJ Removes Right-to-Carry Lawsuit to Federal Court
Suit Concerns Denial of Concealed Weapons Endorsement to Honorably Retired Special Agent
The suit was filed on behalf of Robert Reza, a Special Agent who on March 3, 2004 was honorably retired from DOJ after 14 years. Prior to working for DOJ, Reza was employed for 7 years as a State Traffic Officer for the California Highway Patrol.
Subsequent to his retirement, Reza requested DOJ issue him a license to carry a concealed weapon, a request commonly granted retiring California peace officers even prior to the passage of HR 218. On June 17, 2004 DOJ denied the request without reason and on June 30, 2004 Reza, through CAUSE Legal, requested a hearing pursuant to the applicable provisions of the California Penal Code as well as an explanation for the basis of the denial.
Having received no response to the request for hearing, on July 22, 2004 CAUSE Legal reasserted its request on behalf of Reza for a CCW hearing and explanation. On August 6, 2004 DOJ finally responded to the requests explaining the basis of the denial was due to an "alleged history of derogatory incidents and mishandling of State-issued equipment."
In over 14 years of service as a Special Agent Reza was an exemplary employee, having worked a speicalized unit known as the Violence Suppression Unit which targeted hard core criminals, gang members and federal fugitives. Reza risked his life to protect the citizens of California and was awarded the distinguished Meritorious Service Award. Reza retired with over 21 years of law enforcement experience and no pending investigations or discipline.
While the hearing on Reza's entitlement under California law was pending, on July 22, 2004 President Bush signed HR 218 into law which permits 'qualifed retired law enforcement officers' (QRLEO) to carry concealed firearms. A QRLEO is an individual who (1) had the power to arrest while employed; (2) was regularly employed as a law enforcement officer for an aggregate of 15 years or retired for industrial injury; (3) during the 12 months preceding retirement met the State's standards for training and qualification with a firearm; (4) is not under the influence of alcohol or intoxicating drugs.
Despite the passage of HR 218 and the fact that Reza is a QRLEO under the Act, DOJ continued in its steadfast refusal to issue Reza a CCW. To add insult to injury, on February 9, 2005 Reza's retirement credential was stolen from his vehicle. When DOJ issued a replacement credential it was marked in red uppercase letters: "Not authorized to carry a concealed weapon", language which had not been enscribed on his original credential.
The conduct of DOJ and its managers have subjected Reza to humiliation and embarassment, but more importantly have exposed Reza and his innocent family to physical harm should they encounter any one of the numerous violent gang members and criminals he helped prosecute.
Based upon the fact that DOJ is flaunting a federal law which is designed to supersede California law and ensure honorably retired peace officers throughout the State are permitted to carry a concealed weapon, the LDF Board of Trustees authorized suit.
The lawsuit filed by Reza alleges four separate causes of action including violation of Reza's civil rights against the Department of Justice, Patrick Lunney, Wilfredo Cid, Rick Oules and John Gaines.
On September 29, 2005 DOJ removed the case from the Los Angeles County Superior Court to the United States District Court for the Central District of California. DOJ will now be forced to justify to a federal judge why they are above the federal right-to-carry law.
Suit Concerns Denial of Concealed Weapons Endorsement to Honorably Retired Special Agent
Source: Kasey Christopher Clark, Chief Legal Counsel
Date: 10/7/2005
The suit was filed on behalf of Robert Reza, a Special Agent who on March 3, 2004 was honorably retired from DOJ after 14 years. Prior to working for DOJ, Reza was employed for 7 years as a State Traffic Officer for the California Highway Patrol.
Subsequent to his retirement, Reza requested DOJ issue him a license to carry a concealed weapon, a request commonly granted retiring California peace officers even prior to the passage of HR 218. On June 17, 2004 DOJ denied the request without reason and on June 30, 2004 Reza, through CAUSE Legal, requested a hearing pursuant to the applicable provisions of the California Penal Code as well as an explanation for the basis of the denial.
Having received no response to the request for hearing, on July 22, 2004 CAUSE Legal reasserted its request on behalf of Reza for a CCW hearing and explanation. On August 6, 2004 DOJ finally responded to the requests explaining the basis of the denial was due to an "alleged history of derogatory incidents and mishandling of State-issued equipment."
In over 14 years of service as a Special Agent Reza was an exemplary employee, having worked a speicalized unit known as the Violence Suppression Unit which targeted hard core criminals, gang members and federal fugitives. Reza risked his life to protect the citizens of California and was awarded the distinguished Meritorious Service Award. Reza retired with over 21 years of law enforcement experience and no pending investigations or discipline.
While the hearing on Reza's entitlement under California law was pending, on July 22, 2004 President Bush signed HR 218 into law which permits 'qualifed retired law enforcement officers' (QRLEO) to carry concealed firearms. A QRLEO is an individual who (1) had the power to arrest while employed; (2) was regularly employed as a law enforcement officer for an aggregate of 15 years or retired for industrial injury; (3) during the 12 months preceding retirement met the State's standards for training and qualification with a firearm; (4) is not under the influence of alcohol or intoxicating drugs.
Despite the passage of HR 218 and the fact that Reza is a QRLEO under the Act, DOJ continued in its steadfast refusal to issue Reza a CCW. To add insult to injury, on February 9, 2005 Reza's retirement credential was stolen from his vehicle. When DOJ issued a replacement credential it was marked in red uppercase letters: "Not authorized to carry a concealed weapon", language which had not been enscribed on his original credential.
The conduct of DOJ and its managers have subjected Reza to humiliation and embarassment, but more importantly have exposed Reza and his innocent family to physical harm should they encounter any one of the numerous violent gang members and criminals he helped prosecute.
Based upon the fact that DOJ is flaunting a federal law which is designed to supersede California law and ensure honorably retired peace officers throughout the State are permitted to carry a concealed weapon, the LDF Board of Trustees authorized suit.
The lawsuit filed by Reza alleges four separate causes of action including violation of Reza's civil rights against the Department of Justice, Patrick Lunney, Wilfredo Cid, Rick Oules and John Gaines.
On September 29, 2005 DOJ removed the case from the Los Angeles County Superior Court to the United States District Court for the Central District of California. DOJ will now be forced to justify to a federal judge why they are above the federal right-to-carry law.
| contactus@cslea.com | (800) 551-1414 | 2029 H Street • Sacramento, CA 95811 |