Man Sues Police Chief for Right-to-Carry

David W. Spears, who lives in the city where we live has filed suit to be issued a permit to carry a concealed firearm. We’re going to watch this story as it develops since it could change our police chief’s policy for issuing CCW permits.

California has a ‘shall issue’ law on the books that assigns the issue responsibility to local law enforcement. The chief’s policy seems to conflict with California Department of Justice rules for issue.

Excerpted from the Daily Breeze:

Spears contends that when he applied for a permit in Torrance, he was issued an application form, but at the same time received a letter from the Police Department stating that “we do not have records on the issuance of any such permits, since it has been the long-standing practice of our chiefs of police not to issue such permits to citizens.”

“Defendants’ formal policy is logically and clearly intended to put a ‘false face’ on defendants’ public persona, making it appear that defendants comply with the requirements and rules of the Department of Justice and with (the) Penal Code – when they actually do not,” Spears’ lawsuit alleges.

“Instead, defendants willfully disregarded and ignored their own written policies and procedures, willfully disregarded and ignored the law, and willfully violated plaintiffs’ constitutional rights in order to deprive him of a means of self defense.”

One of several supporting documents to the lawsuit includes a letter from the state Department of Justice that states the Police Department is required to notify the agency of any license denials and retain records of those denials.

Terry A. Nelson, Spears’ attorney, said in an interview that the Police Department doesn’t follow those requirements either.

“It would be funny if it weren’t so serious, but Torrance totally acts in the concealed carry weapon permit arena in violation of federal law,” Nelson said. “I speculate that the reason they don’t is if they kept the records they’d show numerous applicants being told, ‘don’t bother'” to apply.

Spears works in an occupation where he regularly is confronted with hostility. All he wants to do is to pack his Glock subcompact .45 pistol in case one of his hostile ‘clients’ gets too rambunctious.

I don’t blame him. As I said earlier, we’re going to be watching this case.

UPDATE: Spears Drops Case Against City

However, the Torrance Police Department apparently had investigated Spears’ need for a concealed weapon, although Nelson said he was unaware of that until he had filed suit.

“Mr. Spears was under the misapprehension that the city did not investigate his need for the permit and simply had a blanket policy of not issuing concealed-carry weapons permits,” said Rob Bower of the Costa Mesa-based firm of Rutan & Tucker. “The city does not have the policy and did check with Mr. Spears’ employer.

“It turns out the direct supervisor we talked to says, `No, he does not need a permit,”‘ Bower added. “In fact, the city would not allow him to carry a gun for liability (reasons).”

Nelson said that because an investigation occurred, his client lacks legal standing to bring the suit.

However, Nelson said the letter his client received suggested the department might indeed have a blanket policy of declining to issue concealed weapons permits.

It’s really a shame that a city bureaucrat from Lynwood nixed Mr. Spears right to protect himself based on ‘liability.’ A properly trained and responsible person should always have the right to keep and bear arms. That’s the right of the people.