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Name: People v. Miller (2023) 94 Cal.App.5th 935
Case #: C097229
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/24/2023

Penal Code section 25400 does not violate the Second Amendment regardless of the constitutionality of California’s firearm licensing statutes. Miller was charged under Penal Code section 25400(a)(1) with carrying a concealed firearm in a vehicle under her control. Miller filed a demurrer, asserting her concealed firearm charge was unconstitutional under New York State Rifle & Pistol Association, Inc. v. Bruen (2022) __ U.S. __ [142 S.Ct. 2111]. The trial court sustained Miller’s demurrer and dismissed the charge against her. The People appealed. Held: Reversed. Bruen addressed only the constitutionality of New York’s licensing regime—not its impact on any potential criminal charges for carrying a firearm without a license. While the Second Amendment confers an individual right to keep and bear arms, it is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. Prohibitions on concealed firearms have historically been permitted by the Second Amendment. “The constitutionality of California’s concealed carry prohibition is not dependent upon the constitutionality of its licensing statutes because, while a license qualifies a holder for an exemption from the concealed carry provisions, the availability of this exemption is not constitutionally necessary.” [Editor’s Note: The court assumed without deciding that Miller had standing to raise the arguments she asserted in her demurrer.]