People v. Gutierrez CA4/3

BACKGROUND

Before turning to the facts of this case, we summarize the relevant statutes at play. As noted, section 25850 makes it a crime to publicly carry a loaded firearm on 2 one’s person or in a vehicle. “Although framed as a default prohibition, section 25850 is in effect the enforcement mechanism of a regulatory regime that grants licenses to those who may lawfully carry firearms and withholds licenses from those who may not.” (In re T.F.-G. (2023) 94 Cal.App.5th 893, 915 (T.F.-G.).) In isolation, section 25850 “appears broadly prohibitory, [but] it exists within a framework of numerous express exemptions.” (T.F.-G, at p. 908.) One such exemption is section 26010, which provides that section 25850 does not apply to persons with concealed carry permits issued under sections 26150 to 26235. Until recently, those concealed carry licensing provisions were discretionary in nature in that they granted the issuing authority discretion to issue the license and required the applicant to prove, among other things, that “good cause” existed for the issuance of the license. For example, at the time Gutierrez was charged, section 26150 provided that “the sheriff of a county may issue a…