Sippel

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…