Knapp
Knapp v. City of Gardena
Opinion
Lead Opinion
Ashby, J.
Respondent Craig R. Knapp, a retired police officer of the City of Gardena Police Department, requested a retired peace officer’s identification certificate with endorsement for carrying a concealed weapon (CCW endorsement), pursuant to Penal Code section 12027, subdivision (a), which permits certain retired peace officers to carry a concealed *346 weapon. 1 Appellant Richard K. Propster, as chief of police of appellant City of Gardena, denied respondent’s request for the CCW endorsement, finding good cause for the denial in the exercise of his discretion. (§ 12027, subd. (a)(2).)
The issue on this appeal is not whether good cause exists for denying respondent the CCW endorsement; the only issue is the procedure by which good cause should be determined. The trial court held that appellants must comply with the notice and three-member hearing board procedure of section 12027.1. The court granted a peremptory writ of mandate (Code Civ. Proc., § 1085) commanding that appellants either issue respondent a retired peace officer’s identification card with CCW endorsement, or give respondent notice of a hearing to be conducted in accordance with section 12027.1.