Bloomberg Law’s® extensive network of reporters and editors helps subscribers to stay ahead of legal
May 16 — A man violated the state law against carrying loaded firearms in public even though his revolver was secreted in a backpack, the California Supreme Court ruled May 9.
The case resolves a split in the lower appellate courts and is consistent with decisions from other states involving suitcases, briefcases and purses.
“The distinction is untenable,” the court said in an opinion by Justice Ming W. Chin.
“It would require, for example that we treat differently a gun in a zippered pocket of a pair of cargo pants—which would violate the statute—from a gun in a fanny pack tied around the waist—which would not violate the statute—even though, from the perspective of easy access, the gun at the waist might be closer at hand than the gun in the knee pocket of the cargo pants.”
The court found persuasive decisions from Alaska, Oregon and New York that have interpreted similar statutory language and ruled that a person was guilty of carrying concealed firearms even though the weapons were being transported in suitcases, briefcases, bags and purses.
The Los Angeles County District Attorney's Office represented the state. Jean Ballantine, Los Angeles, and David L. Polsky, Ashford, Conn., represented Wade
To contact the reporter on this story: Lance J. Rogers in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: C. Reilly Larson at email@example.com
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)