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Police chief asks commission to back appeal and urge legislation after court strikes body-armor ban for some felons
Summary
Chief Gascon asked the Police Commission to draft a resolution urging support for the attorney general's appeal and legislative clarification after a Second District Court of Appeal ruled a statute prohibiting certain felons from possessing ballistic body armor unconstitutional as vague.
At the Jan. 6 Police Commission meeting Chief George Gascon urged the commission to adopt a resolution supporting the attorney general's appeal and to press state legislators for quicker legislative clarification after a recent Second District Court of Appeal decision.
Gascon summarized the court ruling and the factual background, saying the decision found the statute vague and therefore unconstitutional. He described the earlier San Francisco incident that helped prompt the original statute and told commissioners he would like the commission to state a position urging both support for the state appeal and expedited legislation to prohibit felons from possessing ballistic body armor.
"I think we also need to urge the attorney general and continue to support him in the appeal of the case," Gascon said, adding that he planned to request a resolution from the board.
Commissioners agreed to calendar discussion and asked for a draft resolution and a short report on what other governmental entities are doing. One commissioner volunteered to draft the resolution and to provide a comparative report on other jurisdictions’ responses.
Next steps: staff and the volunteer commissioner will prepare draft resolution language and a report for the commission to review at the next meeting; no formal resolution was adopted on Jan. 6.
