Legal Opinion

Nichols v. County of Santa Clara

California Court of Appeal

Decided September 14, 1990No. B036238PublishedCited by 10 opinions

1Opinion of the Court

Opinion

ASHBY, Acting P. J.

In this case we hold that a county sheriff has discretion to revoke a license to carry a concealed firearm issued pursuant to Penal Code section 12050. In connection with such revocation, the sheriff is not required to hold a “due process hearing,” because the licensee has no constitutionally protected “property” or other interest in such a license.

The Sheriff of Santa Clara County issued to plaintiff and appellant Robert Nichols a license to carry a concealed firearm pursuant to Penal Code section 12050. The sheriff subsequently revoked Nichols’s license. Nichols…

2Cases cited29 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Goldberg v. KellySupreme Court of the United States · 1970
  4. Perry v. SindermannSupreme Court of the United States · 1972
  5. Bishop v. WoodSupreme Court of the United States · 1976

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3Cited by10 opinions

  1. Ryan v. California Interscholastic Federation-San Diego SectionCalifornia Court of Appeal · 2001
  2. Bostean v. Los Angeles Unified School Dist.California Court of Appeal · 1998
  3. Peruta v. County of San DiegoDistrict Court, S.D. California · 2010
  4. Potts v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 2002
  5. Gifford v. City of Los AngelesCalifornia Court of Appeal · 2001

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