Haas

Haas v. Meisner

Good Law
103 Cal. App. 4th 580·126 Cal. Rptr. 2d 843·2002 Cal. App. LEXIS 4933·2002 Daily Journal DAR 12721·2002 Cal. Daily Op. Serv. 11004
Court of Appeal of CaliforniaNovember 7, 2002A097704California3,238 words

Opinion

Opinion

Lambden, J.

Richard S. Haas (Haas) appeals from the trial court’s denial of his petition for writ of mandate. Haas petitioned for an order requiring the City of Berkeley (Berkeley) and Acting Chief of Police Roy Meisner (Meisner) (collectively respondents) to renew an endorsement permitting Haas to carry a concealed weapon. He contends that under Penal Code section 12027, subdivision (a)(1)(A), he is entitled to the endorsement. We conclude that he does not satisfy the requirement of being an “honorably retired” peace officer under section 12027, subdivision (a)(1)(A), because he never qualified for and accepted a service or disability retirement. We therefore affirm.

Background

Haas served as a reserve officer for the Berkeley Police Department (police department) from 1969 until 1996. During this period, Haas obtained the training set forth in section 832.6 and carried a firearm. According to respondents, reserve officers are civilian individuals who assist the police department on a part-time basis. While regular police officers work 40 hours per week in addition to overtime, reserve officers work much less. During 1995, Haas’s reserve hours totaled 138.95, or an average of 11…

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