Del Don v. Van De Kamp

The Department of Justice of the State of California (hereinafter Department) appeals from an order of the superior court granting a writ of administrative mandamus (Code Civ. Proc., § 1094.5) directing the Department “to issue a new license and permit to possess and/or transport and sell machine guns in the State of California” to Leroy Del Don, Jr. (Del Don). The judgment and order of the superior court in effect reversed the adminstrative law judge who found, “Cause exists, pursuant to Penal Code sections 12230 and 12233, to deny reissuance of respondent’s permit to possess and/or transport and license to sell machine guns.”

The cause before the superior court was submitted on the administrative record without presentation of additional evidence.

Facts

Since 1973 Del Don has been issued an annual license to sell machine guns to law enforcement agencies (Pen. Code, * 1 § 12250) 2 and an annual permit to possess machine guns for the sale to law enforcement agencies pursuant to section 12230.

A copy of the license to sell and the permit to possess and/or demonstrate machine guns “For the Purpose of Sales of Machine Guns to Law Enforcement Agencies” for the year…