Braman v. State of California

Opinion

POCHÉ, Acting P. J.

Penal Code section 12076, a part of the Dangerous Weapons’ Control Law (Pen. Code, § 12000 et seq.), governs the scope of the investigation to be made by the Department of Justice for the purpose of determining whether an individual is disqualified from obtaining possession of a firearm by sale or otherwise. In 1989 the Court of Appeal in Gray v. State of California (1989) 207 Cal.App.3d 151 [254 Cal.Rptr. 581] held that section 12076 did not establish a mandatory duty the violation of which would support a private action for damages under the California Tort Claims…