People v. Castillo CA2/8

FACTS

On October 9, 2021, defendant was a passenger in her car, driven by her companion who brandished and fired a gun at a motorist. During a later search of the car, police found two firearms and ammunition hidden behind the glove compartment. Defendant and her companion were arrested. On June 10, 2022, defendant pled no contest to a violation of section 25400, subdivision (a)(1), which prohibits carrying a firearm that is capable of being concealed upon the person within a vehicle that is under the person’s control or direction. Defendant’s sentencing was put over for six months to allow her to satisfy conditions under which the charge would be reduced to a misdemeanor; if she did not complete those requirements, she would be sentenced to two years of formal probation with conditions. On June 23, 2022, the Bruen decision was issued, and on December 12, 2022, defendant filed her motion to dismiss, which the trial court denied. Plaintiff filed a timely appeal from the trial court’s January 25, 2023 judgment.

DISCUSSION

We begin by noting that our discussion is directed to the licensing statutes in effect when defendant was convicted. Since that time, the Legislature has…