Garber

Petitioner Robert Garber has filed a habeas corpus petition challenging a decision by the appellate division of the superior court that affirmed his conviction, after a jury trial, for carrying a concealed firearm in a vehicle and carrying a loaded firearm in a public place or on a public street (Pen. Code, §§ 12025, 12031). Garber was put on probation for five years.

The only relief to which Garber is entitled is to have his sentence modified.

In the published portion of the opinion, we address Garber’s contention that, because he lived in his trailer, the jury should have been instructed on the statutory exemptions to sections 12025 and 12031, which permit the possession of loaded and concealed firearms in “places of residence.”

We conclude there was no instructional error. The statutory place of residence exemptions did not apply in this case. At the time he committed these offenses, Garber was not using his mobilehome for residential purposes and, therefore, he was not entitled to have the jury instructed on a “place of residence” defense.

FACTUAL BACKGROUND

1. Prosecution evidence.

Between 6:30 and 6:45 p.m. on November 6, 2006, off-duty firefighter Cliff…