Dillard

A jury found Moses Dillard, Jr., guilty of the misdemeanor offense of carrying a loaded firearm on his person in a public place, in violation of Penal Code section 12031, subdivision (a). On appeal from the judgment of conviction, the appellate department of the superior court affirmed. On application of the parties, the court certified the case for transfer to this court. (Cal. Rules of Court, rule 63.) The question presented is whether knowledge that the firearm is loaded is an element of the offense of carrying a loaded firearm in a public place. (Pen. Code, § 12031, subd. (a).) We hold that such knowledge is not an element of the offense and affirm the judgment.

In the early morning hours of June 1, 1981, Oakland Police Officer Luis Torres observed appellant riding a bicycle on the 1300 block of 100th Avenue in Oakland. Appellant was carrying what appeared to be a rifle case. Torres activated the lights on his patrol car and asked appellant to stop. Appellant complied. In response to the officer’s request, he placed the rifle case on the ground, stepped away from it, and stood by the patrol car.

Officer Torres unzipped the rifle case and lifted out the rifle. The…