People v. Williams CA4/3

Good Law
Court of Appeal of CaliforniaJuly 3, 2024G062272California2,112 words

Opinion

Opinion

BACKGROUND

We begin by summarizing 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.” (Id. 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 licensing provisions were discretionary in that they required the applicant to prove, among other things, that “good cause” existed for the issuance of the license and granted the issuing authority discretion to issue the license. At the time Williams was charged, section 26150 provided that “the sheriff of a county may issue a [concealed carry] license to [an eligible applicant] upon proof of all of…

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