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(CA) Sheriff revokes concealed weapon license of former challenger

Discussion in 'Legal' started by Drizzt, Jun 17, 2006.

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  1. Drizzt

    Drizzt Member

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    Sheriff revokes concealed weapon license of former challenger
    Associated Press

    LOS ANGELES - Sheriff Lee Baca revoked the concealed weapons license of a retired captain from his department who ran against him unsuccessfully in the June 6 election.

    Capt. Ken Masse, a 35-year veteran of the sheriff's department who retired last year, was notified two days after the election that his license had been revoked.

    Undersheriff Larry Waldie notified Masse of the move, saying that his campaign "may have damaged the public's confidence in this agency."

    Masse's lawyer called the revocation "blatant retaliation."

    Law enforcement officers are generally given a concealed weapons license after retirement in California, but the credentials can be revoked after a showing of "good cause," usually for criminal misconduct.

    "It happens when there's dangerous conduct, not when somebody is engaged in politics," Masse's attorney Dieter Dammeier told the Los Angeles Times . "I think it's absurd in this day and age that you'd have a public official who'd think you can retaliate against someone who opposed you. It's something you'd expect in junior high, not the L.A. Sheriff's Department."

    Sheriff's spokesman Steve Whitmore said the decision was justified.

    "This has nothing to do with retaliation or curbing one's democratic right to freedom of speech," he said. "This has to do with misusing department data and mechanisms."

    In a letter revoking the permit, Waldie said Masse unlawfully sought contributions from deputies, and that he inappropriately used department data to contact them at home.

    Masse acknowledged soliciting the donations, saying he was unaware of state campaign law prohibiting candidates from seeking contributions from those who would work under them.

    Officials warned Masse during the election that he may have violated the law, but did not file charges.

    http://www.contracostatimes.com/mld/cctimes/14842701.htm
     
  2. Monkeyleg

    Monkeyleg Member

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    What's that old saying about absolute power?

    And what's with this? "Law enforcement officers are generally given a concealed weapons license after retirement in California..."

    Can any CA members verify this?
     
  3. Zundfolge

    Zundfolge Member

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    If this doesn't underline the fact that May Issue is a tool of government corruption, I don't know what would.
     
  4. Sergeant Bob

    Sergeant Bob Member

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    I wonder if he complains just as loudly when "civilians" permits are denied or revoked?

    Somehow I have trouble feeling any sympathy for law enforcement who would deny the people they work for the same rights they have.
     
  5. PinnedAndRecessed

    PinnedAndRecessed member

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    I lived in Kal until a few months ago. The retired LEOs I knew, had permits for CCW.
     
  6. 1911Tuner

    1911Tuner Moderator Emeritus

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    Revoked

    A 35-year veteran LEO makes enemies along the way. Revoking his carry permit is unacceptable...no matter what the politics are.
     
  7. Standing Wolf

    Standing Wolf Member in memoriam

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    Well, no, but commoners aren't special people, don't you know?
     
  8. taliv

    taliv Moderator

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    wait... i thought the LA Sheriff's Dept says the best course of action, when threatened by an enemy is to call 911 or to not attempt to resist. why would he want a gun in the first place?
     
  9. isp2605

    isp2605 Member

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    As a retired LEO why does he even worry about a CCW? It's only good in CA and any state that recognizes CA CCW. As a retired LEO he can carry in any state with LEOSA.
     
  10. mp510

    mp510 Member

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    Shouldn't he be eligible for a retiree permit under the Law Enforcement Officers Protection Act, since he was on the job way longer than the minimum 15 years?
     
  11. Pilgrim

    Pilgrim Member

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    H.R. 218 does not confer a right to carry. It only extends it to the other 49 states. If the retiree's employing agency revokes that authority to carry, then the retiree has no authority anywhere.

    Pilgrim
     
  12. SAG0282

    SAG0282 Member

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    Masse's potential politics and RKBA stance aside, hopefully he'll fight and win this one.
     
  13. isp2605

    isp2605 Member

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    LEOSA (HR218) does grant him the right to carry in his state, all 50 states, and territories. Your retiree agency doesn't have anything to do, nor does it grant, the right for a retiree to carry. As long as he's retired in good standing and met the other requirements of LEOSA then his former agency doesn't have anything to say about it. They can't unretire him. Also, his retiring agency does not have anything to do with authorizing his right to carry as a retiree. LEOSA does that.
    The article said he served 35 yrs and retired. Therefore it appears he met all of the requirements listed by the law. The only other thing he would have to do on an annual basis would be to meet the qualification standards.

    The following is LEOSA concerning retirees. No where does LEOSA have anything to say about a retiree's agency conferring a right to carry. As long as he meets 1-7 then he is eligible under LEOSA.

    --Chapter 44 Title 18, United States Code, 926B--
    As used in this section, the term `qualified retired law
    enforcement officer' means an individual who--
    ``(1) retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;
    ``(2) before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;
    ``(3)(A) before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; or
    ``(B) retired from service with such agency, after
    completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;
    ``(4) has a nonforfeitable right to benefits under the retirement plan of the agency;
    ``(5) during the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms;
    ``(6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
    ``(7) is not prohibited by Federal law from receiving a firearm.
     
  14. DoubleTapDrew

    DoubleTapDrew Member

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    What does that have to do with his CCW? Doesn't sound like a violent act.
     
  15. atlctyslkr

    atlctyslkr Member

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    I am sure that there are plenty of departments out there that would love to have this guy and put him on reserve status (giving him full law enforcment powers). There are alot of reserve sherriff's here and they have the same powers as any other law enforcement officer. Some of them are in their 80's!
     
  16. crazed_ss

    crazed_ss Member

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    Well, I cant say I'm too broken up over this.
    If I cant have a CCW, this retired guy shoudlnt have one either. He's not perfoming LEO duties anymore.. he's just a regular guy.
     
  17. Punkermonkey

    Punkermonkey Member

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    Monkeyleg -

    And what's with this? "Law enforcement officers are generally given a concealed weapons license after retirement in California..."

    Can any CA members verify this?


    Most retired LEO's in California receive a type of department ID from their former agency. The ID shows that they are retired and can be stamped "CCW Approved" - in red ink. Active and Retired LEO's do have the option to get a CCW from most any agency in CA. Most sheriff and police agencies policies are shall issue to active and retired LEO's. Don't quote me on this but I also believe that according to the State penal code (12050 and 12025) it is shall issue as well.

    Oh, and it looks like Baca is taking his queue from Corona, whom just punished his campaign rival.
     
  18. Jim March

    Jim March Member

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    Retired law enforcement CCW is handled under PC12027, basically a shall-issue system. Reservists and the general public are handled under PC12050-54, a may-issue system.

    :barf:
     
  19. Jim March

    Jim March Member

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    Oh yeah...almost forgot. The latest news about Baca is that he's a Scientologist.

    :scrutiny:
     
  20. gunsmith

    gunsmith member

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    still, hr218

    says he can carry , right?

    he seems to meet the requirements.
     
  21. isp2605

    isp2605 Member

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    "still, hr218 says he can carry , right?
    he seems to meet the requirements."

    From the info in the article it would appear you are correct.
     
  22. DoubleTapDrew

    DoubleTapDrew Member

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    Yes but he is in the PRK. Your rights are determined by the presiding dictator, not by the bill of rights, and they can be taken away at will. :barf:
     
  23. isp2605

    isp2605 Member

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    Read my previous post where I listed the section of LEOSA that pertains to retirees. PRK has nothing to say about it. It's a federal law. As long as he can meet the 7 items for retirees then it doesn't matter what his former agency says or the PRK.
     
  24. Hawkmoon

    Hawkmoon Member

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    H.R. 218 is fderal law -- the Peoples' Republik of ********** cannot override it or cancel it.

    What they can do is make it difficult or impossible for him to meet all the requirements of H.R. 218 -- for example, they might deny him access to qualifying, and annual qualification is one of the requirements.
     
  25. Pilgrim

    Pilgrim Member

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    A Sheriff or Chief of Police may deny CCW to a retiree if the retiree retired under a mental stress disability or retired so he wouldn't be fired.

    A Sheriff or Chief of Police may also revoke a previously issued CCW of a retiree if the retiree does something with his firearm that would have caused him to be fired were he still employed.

    Pilgrim
     
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