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California court rejects Second Amendment attack on public firearm possession crime

By Douglas A. Berman

A helpful reader sent me an e-mail altering me to a new decision dealing with a Heller-based Second Amendment claim in a Califorinia criminal case.  The ruling in People v. Yarbrough, No. A120721 (Cal. App. 1st Dist. Dec. 17, 2008) (available here) , starts this way: Defendant was convicted following a jury trial of carrying a concealed firearm (Pen. ?Code, § ??12025, subd. (a)(2)), and carrying a loaded firearm in a public place (Pen. Code, ??§ 12031, subd. ??(a)(1)).? ? He was sentenced to the middle term of two years in state prison ?for the conviction of ?carrying a loaded firearm in a public place, and sentence on the ?remaining conviction was stayed. ?? In this appeal defendant claims that his conviction of possession of a concealed ?weapon ?violates the Second Amendment to the United States Constitution, and the trial ?court gave ?erroneous instructions in response to jury questions on the charge of carrying a ?loaded firearm in ?a public place...continue to full post

Full post as published by Sentencing Law and Policy on December 17, 2008 (boomark / email).