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Name: People v. Yarbrough
Case #: A120721
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 12/17/2008

Penal Code section 12025, subdivision (a)(2) (carrying a concealed firearm) is not constitutionally overbroad and does not violate the Second Amendment. Oakland police officers observed appellant and a group of men clustered near the sidewalk area of the driveway of a deserted residence in an “open air drug market.” As the officers approached the group, they saw appellant throw a loaded .38-caliber handgun under the vehicle parked in the driveway. At trial appellant was convicted of Penal Code sections 12025, subdivision (a)(2), and 12031 (carrying a loaded firearm in a public place). On appeal he challenged the conviction section 12025 conviction as violation of the Second Amendment by relying on District of Columbia v. Heller (2008) ___U.S.___[171 L.Ed.2d 637]. The appellate court rejected the argument, observing that Heller held that the right secured by the Second Amendment is not unlimited. Section 12025, subdivision (a)(2) is the type of accepted statutory proscription against carrying concealed weapons endorsed by Heller.
The trial court properly defined the term “public place” when responding to a jury question. The court also found that the trial court’s definition of a public place as one that is reasonably accessible to the public without barrier was a correct statement of law.