Meyer v. State ex rel. Oklahoma State Bureau of Investigation

1999 OK CIV APP 118, 993 P.2d 799, 70 O.B.A.J. 3791, 1999 Okla. Civ. App. LEXIS 129, 1999 WL 1217971
CourtCourt of Civil Appeals of Oklahoma
DecidedSeptember 28, 1999
DocketNo. 91,691
StatusPublished

This text of 1999 OK CIV APP 118 (Meyer v. State ex rel. Oklahoma State Bureau of Investigation) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meyer v. State ex rel. Oklahoma State Bureau of Investigation, 1999 OK CIV APP 118, 993 P.2d 799, 70 O.B.A.J. 3791, 1999 Okla. Civ. App. LEXIS 129, 1999 WL 1217971 (Okla. Ct. App. 1999).

Opinion

OPINION

TAYLOR, J.

¶ 1 Appellant, Robert Meyer, seeks review of the trial court’s order affirming a decision by the Oklahoma State Bureau of Investigation (OSBI) to revoke Meyer’s license to carry a concealed weapon pursuant to the Oklahoma Self-Defense Act, 21 O.S.Supp.1998 §§ 1290.1 through 1290.26 (OSDA), based on Meyer’s alleged mental instability. Based on our review of the record, the parties’ briefs, and the applicable law, we affirm.

¶2 The record reflects that Meyer in 1996 obtained a concealed handgun license under the OSDA. In May 1997, following an incident involving the Oklahoma City police, he was involuntarily committed by the district court to an Oklahoma City hospital for treatment of a mental condition. He was released approximately two weeks later. In June 1997, the OSBI suspended Meyer’s OSDA license. An OSBI hearing examiner heard Meyer’s challenge to the suspension in July 1997, and entered an order revoking Meyer’s license.

¶3 Meyer appealed to the district court, which affirmed the hearing examiner. The district court determined that the OSBI had proved by a preponderance of the evidence — but not by clear and convincing evidence — that Meyer’s license should be revoked. The district court further found that the OSBI was only required to prove revocation was justified by a “preponderance” rather than by “clear and convincing” evidence, however, and that the agency had sustained its burden.1 Both the OSBI and the district court relied on 21 O.S.Supp.1998 § 1290.10(6), which requires denial or revocation of an OSDA license to an applicant shown to have the following “prohibited condition”:

An attempted suicide or other condition relating to or indicating mental instability or an unsound mind which occurred within the preceding ten-year period from the date of the application for a license to carry a concealed firearm....

¶ 4 Meyer appeals. He contends the OSBI- disregarded and failed to weigh certain medical evidence which he presented to demonstrate his mental stability, and that the trial court also ignored this evidence and allegation of error. In addition, Meyer contends the statute on which the lower tribunals relied in revoking his license does not apply to the facts of this case.

¶ 6 The OSDA authorizes the OSBI to issue concealed carry licenses provided that certain conditions are met and certain “pre-[801]*801elusions” do not exist as to eligible applicants. License eligibility requirements are set forth at 21 O.S.Supp.1998 § 1290.9; conditions deemed “mandatory preclusions,” requiring denial of a license, are set forth at § 1290.10; and “other preclusions” that may delay issuance of a license are listed in § 1290.11. As previously noted, an individual who has attempted suicide or who has some “other condition relating to or indicating mental instability or an unsound mind ... within the preceding ten-year period” is absolutely precluded from eligibility for a license under § 1290.10(6).

¶ 6 Pursuant to § 1290.17, OSBI is authorized to suspend or revoke concealed carry licenses. Under § 1290.17.A.:

After a concealed handgun license has been issued, the discovery of or the occurrence of any condition which directly affects a person’s eligibility for a handgun license as provided by the provisions of Section 1290.9 or 1290.10 ... shall require revocation of the license by [the OSBI]. The discovery of or the occurrence of any condition pursuant to Section 1290.11 ... shall cause a suspension of the handgun license for a period of time as prescribed for the condition. (Emphasis added.)

¶ 7 The evidence before the hearing officer included testimony from Meyer and from two of the Oklahoma City police officers involved in the May 1997 incident. One of the officers had been followed, and then stopped, by Meyer while the officer was on routine patrol in his squad car. Meyer, in his own vehicle, had cut in front of the officer’s vehicle to stop him, and then accused the officer of following him. When the officer approached Meyer’s ear, he observed a large knife in the back pocket of Meyer’s driver’s seat, and instructed Meyer to stay in the car while the officer called for back-up.

¶8 When the back-up officer arrived, Meyer was told to get out of the vehicle. As he did so he told the officers that he was carrying a weapon and reached for his waistband. The officers immediately handcuffed him and placed him in a squad car. Meyer gave permission for a search of his vehicle, during which the officers found a number of additional weapons, including three more loaded handguns, four knives, a taser gun, a pencil blow torch, and 63 rounds of ammunition.2 Meyer then informed the officers that he had been fired from the U.S. Postal Service, and that he believed the police were working with postal authorities to stalk and watch him. The police ultimately sought an emergency order of detention against Meyer, and following a hearing Meyer was involuntarily committed by the district court to an Oklahoma City hospital. He was discharged approximately two weeks later.

¶ 9 Meyer testified on his own behalf that he had worked for the United States Postal Service for more than 10 years when he was placed on administrative leave. He testified that a fellow worker had falsely reported that Meyer had threatened to shoot people when he returned to work following leave, and that this had triggered a series of psychological tests and examinations. Meyer introduced on his own behalf a report from one clinical psychologist, a letter from another clinical psychologist, and an affidavit from a psychiatrist, all of which indicated Meyer was not a threat to himself or others. Though the evidence was admitted, Meyer did not call any of the individual authors of these documents to testify.

¶ 10 The OSBI called Dr. Perry Taaca, medical director for the postal service’s Oklahoma district and a member of its “threat assessment team,” who testified concerning the agency’s investigation of Meyer’s alleged threat. Though Taaca also gave his opinion that Meyer was mentally unstable, the OSBI hearing officer specifically rejected this testimony as unreliable. However, the hearing officer found that, by virtue of the testimony by the two police officers and Meyer’s admitted involuntary commitment, the OSBI had sustained its burden of proof demonstrating that Meyer had a condition justifying revocation of his license.

[802]*802¶ 11 On an appeal from an administrative decision, the appellate courts at all levels apply the same standard of review directly to the administrative record, without regard to the lower court’s decision. 75 O.S. 1991 § 322; Seely v. Oklahoma Horse Racing Comm’n, 1987 OK CIV APP 61, 743 P.2d 685. Pursuant to § 322, the reviewing court may set aside the decision if the court finds substantial rights of the petitioner were prejudiced because the agency’s decision is “arbitrary and capricious” or that it is “clearly erroneous in view of the reliable, material, probative and substantial competent evidence.” The reviewing court may not, however, re-weigh the evidence or substitute its judgment for that of the agency on a question of fact. The agency’s adjudicative order must be affirmed if the record contains substantial evidence to support the facts upon which the order is based, and if the order is otherwise free of error. City of Hugo v. State of Okla. ex rel. Pub. Employees Relations Bd., 1994 OK 134, 886 P.2d 485. As stated by the court there:

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Related

JDL, JR. v. State
1989 OK CR 71 (Court of Criminal Appeals of Oklahoma, 1989)
Peters v. Oklahoma Department of Public Safety
1976 OK 183 (Supreme Court of Oklahoma, 1976)
Johnson v. Board of Governors of Registered Dentists
913 P.2d 1339 (Supreme Court of Oklahoma, 1996)
Williams v. Dickey
1951 OK 159 (Supreme Court of Oklahoma, 1951)
City of Hugo v. State Ex Rel. Public Employees Relations Board
1994 OK 134 (Supreme Court of Oklahoma, 1994)
Seely v. Oklahoma Horse Racing Commission
1987 OK CIV APP 61 (Court of Civil Appeals of Oklahoma, 1987)
McGregor v. State
885 P.2d 1366 (Court of Criminal Appeals of Oklahoma, 1994)

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Bluebook (online)
1999 OK CIV APP 118, 993 P.2d 799, 70 O.B.A.J. 3791, 1999 Okla. Civ. App. LEXIS 129, 1999 WL 1217971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-v-state-ex-rel-oklahoma-state-bureau-of-investigation-oklacivapp-1999.