Aug. 24, 2023 – In re T.F.-G. (6th Dist., H050112)

The Court of Appeal rejects defendant’s argument that the offense of carrying a loaded firearm in public without a license (PC 25850) is unconstitutional under the U.S. Supreme Court’s decision in New York State Rifle & Pistol Assn., Inc. v. Bruen (2022) 142 S.Ct. 2111. The court reasons that despite the unconstitutionality of California’s “good cause” requirement for issuance of a license (PC 26150), the constitutional defect reaches only a narrow subset of cases to which PC 25850 applies and the statute is thus not in “total and fatal” conflict with the Second and Fourteenth Amendments.