Second Amendment

Dirk or dagger prohibition (PC 21310) is constitutional under the Second Amendment. Appellant was convicted of vandalism and carrying a concealed dirk or dagger (PC 21310) after he broke into a vehicle, fled with a long knife concealed in his waistband, and dropped it when confronted by police. Appellant raised a facial Second Amendment challenge to PC 21310. Applying the “text and history” test from New York State Rifle & Pistol Assn., Inc. v. Bruen (2022) 597 U.S. 1, the Court of Appeal found PC 21310 is consistent with the nation's historical tradition of regulating concealed arms.

Additionally, even though a…

PC 29820 is not facially unconstitutional under Bruen. The statute, which prohibits juveniles adjudged WIC 602 wards for specified crimes from possessing firearms until age 30, is facially valid for the same reasons as statutes which bar convicted felons from possessing firearms. Defendant’s as-applied challenge was forfeited for failure to raise the issue in trial court or in the opening brief.

The full opinion is available on the court’s website here:

Penal Code sections 25850(c)(6) [carrying a loaded, unregistered firearm in public], 30605 [assault weapon possession], and 32310 [large-capacity magazine possession] are not unconstitutional on their face under Bruen. Court of Appeal finds California’s overall firearm licensing scheme is constitutional. Defendant failed to establish that “assault weapons” are commonly used for lawful purposes or that large-capacity magazines are “arms” protected by the Second Amendment.

The full opinion is available on the court’s website here:

California’s felon in possession of firearm and ammunition statutes (PC 29800(a)(1) and 30305(a)(1)) are constitutional on their face under the Second Amendment. Under the reasoning of People v. Alexander (2023) 91 Cal.App.5th 469, 478-479, People v. Odell (2023) 92 Cal.App.5th 307, 316-317, and similar cases interpreting New York State Rifle & Pistol Association, Inc. v. Bruen (2022) 597 U.S. 1, 31-32, convicted felons are not law-abiding citizens and have no right to possess firearms under the text of the Second Amendment. PC 29800(a)(1) and 30305(a)(1) are also facially valid because they are consistent with our national tradition of firearm regulation.

Conviction under PC 29800 is constitutionally valid under the Second Amendment. The Court of Appeal held: (1) no abuse of discretion in terminating defendant’s pro per status after repeated disruptions; (2) PC 29800 conviction valid under 2nd Amendment; (3) “good cause” requirement under former version of state’s concealed carry licensing laws (PC 26150, etc.) unconstitutional under Bruen, but severable from balance of statutory regime, rendering defendant’s carrying loaded firearm in public (PC 25850(a)) conviction also valid; (4) sentence on PC 25850(a) stayed per PC 654.
The full opinion is available on the court’s website here: