California v. Mosqueda
Annotate this CaseRelying on New York State Rifle & Pistol Assn. v. Bruen, 597 U.S. __ (2022), individuals charged in California with unlawfully possessing a handgun have contended that their charges and resulting convictions were unconstitutional. They argued, unsuccessfully, that Bruen rendered California’s entire licensing scheme facially unconstitutional, and as a result, it was unconstitutional to punish nonfelons such as them for carrying a firearm in public solely because they did not have a license. Defendants-respondents Jaime Mosqueda and Juanita Mosqueda successfully raised the same contention against their unlawful possession charges by demurrer in the trial court. The Court of Appeal determined defendants had standing to raise the defense by demurrer, but also that Bruen did not render California’s entire licensing scheme or the charges against them unconstitutional. The offending “good cause” requirement was severable from the remainder of the licensing statute, as was the “good moral character” element which, for the sake of argument, presumed to violate the test laid down in Bruen. "Bruen is also not grounds for a facial attack on the discretionary nature of California’s licensing scheme, and it did not invalidate any of the other licensing provisions in [Penal Code] section 26150." The Court reversed the trial court’s judgment of dismissal, which concluded otherwise.
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