California Employment Lawyer

English: Los Angeles County Sheriff helicopter in flight, Sikorsky SH-3H, N950DF (Photo credit: Wikipedia)

The Second District issued its opinion today in Shirey v. Los Angeles County Civil Service Commission (Los Angeles County Sheriff’s Department), No. B238355, __ Cal. App. 4th __ (May 6, 2013).  Plaintiff was a former deputy sheriff, who was discharged by the Los Angeles County Sheriff’s Department.  Slip Op. at 2.  Plaintiff appealed his discharge to the Civil Service Commission, which upheld the Department’s discharge decision.  Id. Plaintiff appealed, disputing whether the federal Gun Control Act of 1968, as amended in 1996 (18 U.S.C. § 921, et seq.) prohibited plaintiff from possessing a firearm because of his conviction of misdemeanor battery upon a domestic partner.  Slip Op. at 2.

The Second District reversed, finding the trial court incorrectly concluded the United States Supreme Court opinion in United States v. Hayes, 555 U.S. 415 (2009) established plaintiff‘s battery conviction qualifies as a “misdemeanor crime of domestic violence” under the Gun Control Act.  Accordingly the Commission abused its discretion in determining the federal gun possession ban applied to plaintiff.  Slip Op. at 2.

Judges & Attorneys

Judge Karlan of Los Angeles Superior Court, sitting by designation, issued the opinion for the Second District, with Acting Presiding Justice Madeleine Flier concurring.  Associate Justice Elizabeth A. Grimes dissented.

Appeal from a judgment of the Superior Court of Los Angeles County, Judge James C. Chalfant.

Ronald Talmo and Scott D. Hughes for Plaintiff and Appellant.

Hausman & Sosa, Jeffrey M. Hausman, Larry D. Stratton, and Vincent C. McGowan for Real Party in Interest and Respondent.

By CHARLES H. JUNG