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Name: United States v. Rahimi
Case #: 22–915
Court: US Supreme Court
District USSup
Opinion Date: 06/21/2024

In an 8-1 decision, the Supreme Court upholds a federal law prohibiting individuals subject to a domestic violence restraining order from possessing firearms. The analysis of a law burdening the Second Amendment right must consider "whether the new law is 'relevantly similar' to laws that our tradition is understood to permit, applying faithfully the balance struck by the founding generation to modern circumstances." Because "firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms," the law is valid and need not be a "historical twin" to pass constitutional muster.

The full opinion is available on…

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Name: People v. Mosqueda (2023) 97 Cal.App.5th 399
Case #: C097326
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/20/2023

Trial court erred when it dismissed charges for unlawfully carrying a concealed firearm and carrying a loaded firearm based on N.Y. State Rifle & Pistol Ass’n v. Bruen (2022) __U.S.__ [142 S.Ct. 2111]. Defendants were charged with unlawfully carrying a concealed firearm (Pen. Code, § 25400(a)(2)) and carrying a loaded firearm on one’s person or in a vehicle (§ 25850(a)), and other offenses. Prior to the preliminary hearing, defendants filed demurrers, which the trial court sustained based on Bruen. The court dismissed the action and the People appealed, arguing the trial court erred by holding that Bruen wholly invalidated California’s…

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Name: People v. Allen (2023) 96 Cal.App.5th 573
Case #: E079475
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/18/2023

Statute prohibiting possession of controlled substances while armed (Health & Saf. Code, § 11370.1(a)) is facially constitutional after Bruen. Defendant appealed from his convictions for possessing a controlled substance while armed with a firearm and possessing an unregistered and loaded firearm while in a vehicle, arguing that the laws are unconstitutional in light of N.Y. State Rifle & Pistol Ass’n v. Bruen (2022) 597 U.S. __ [142 S.Ct. 2111]. Held: Affirmed, but remanded for resentencing on unrelated grounds (in an unpublished portion of the opinion, the court remanded based on section 654). While Bruen changed the two step analysis for…

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Name: People v. Ceja (2023) 94 Cal.App.5th 1296
Case #: G061609
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/30/2023

Law prohibiting felons from possessing ammunition (Pen. Code, § 30305, subd. (a)(1)) does not facially violate the Second Amendment as the right to bear arms only applies to law abiding citizens. A jury convicted defendant of being a felon in possession of ammunition. Defendant appealed arguing the statute facially violates the Second Amendment, relying on New York State Rifle & Pistol Association, Inc. v. Bruen (2022) 597 U.S. ___ [142 S.Ct. 2111]. Held: Affirmed. The court applied the two-step analysis articulated in People v. Alexander (2023) 91 Cal.App.5th 469. “The first step is: When the Second Amendment’s plain text covers…

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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…

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Name: In re T.F.-G. (2023) 94 Cal.App.5th 893
Case #: H050112
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 08/24/2023

Warrantless search incident to minor’s arrest was valid because there was probable cause for his arrest for resisting police. The minor was with a group of people who were approached by police and questioned about smoking marijuana in public. He witnessed his companions being restrained and searched. Rather than submit to a search when summoned by police, he ran. Police caught and searched him, finding a loaded gun. His motion to suppress was denied and he admitted allegations in a 602 petition that he carried a loaded firearm in public (Pen. Code, § 25850(a)) and resisted arrest. On appeal, he…

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Name: In re D.L. (2023) 93 Cal.App.5th 144
Case #: A164432
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 07/03/2023
Subsequent History: Opn. modified 7/31/2023

California’s post-Bruen firearm licensing framework is constitutional because the pre-Bruen “good cause” requirement for issuance of a license to carry a concealed firearm is severable. The juvenile court found true, among other counts, that D.L. had unlawfully possessed a loaded firearm within the meaning of Penal Code section 25850. On appeal, D.L. argued that the statute was unconstitutional on its face because “severability cannot be applied retroactively to cure the harm from pre-Bruen convictions based on unlicensed possession.” Held: Affirmed. Prior to New York State Rifle & Pistol Association, Inc. v. Bruen (2022) __ U.S. __ [142 S.Ct. 2111], California…

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Name: People v. Bocanegra (2023) 90 Cal.App.5th 1236
Case #: C095234
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/28/2023

California’s prohibition of possession of assault weapons (Pen. Code, § 30605) does not violate the Second Amendment as construed by District of Columbia v. Heller (2008) 554 U.S. 570. Armed with an AR-15 style rifle and two other firearms, defendant drove from San Jose to his former friend’s house in Manteca and fired shots into the occupied home. A jury found defendant guilty of numerous firearm-related charges, including possession of an assault weapon. On appeal, defendant argued that section 30605 violated his Second Amendment right to bear arms. Held: Affirmed on this point. The “core lawful purpose” of the Second Amendment is self-defense.…

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Name: People v. Odell (2023) 92 Cal.App.5th 307
Case #: B319448
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 06/05/2023

Penal Code section 29800(a)(1), possession of a firearm by a felon, does not violate the Second Amendment. Johnson initiated a verbal and physical altercation with Odell at a motel where they stayed as separate guests. Johnson ultimately obeyed the motel manager’s order to return to his room. Odell retrieved a gun from his car and followed Johnson to his room. Video footage captured images of the men grappling. The fight continued away from the camera’s lens, and it was during that time Odell shot Johnson to death. A jury convicted Odell of possession of a firearm by a felon and…

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