Marroquin

Introduction

Defendant Antonio Marroquin appealed his conviction in the municipal court for violation of Penal Code section 12025, subdivision (b), 1 carrying a concealed weapon. The appellate department of the superior court reversed, construing the statute to require proof of the weapon’s operability, and certified the case for publication. At the request of the Los Angeles City Attorney, we ordered the matter transferred for hearing and decision pursuant to rule 62 (a), of the California Rules of Court to secure uniformity of decision and to settle an important question of law.

*79 We find that Penal Code 2 section 12025, subdivision (b), does not require proof of operability and affirm the judgment.

Factual and Procedural Statement

Defendant was charged with brandishing (§417) and carrying a concealed weapon on his person. (§ 12025, subd. (b).) The charges arose from an incident in which he pointed a gun at several individuals in front of an apartment building he managed. Although defendant fired no shots, the victims were frightened and perceived sufficient danger to summon the police. At trial, testimony revealed that the weapon, a .22 caliber semiautomatic…