California v. Miller
Annotate this CaseIn 2022, the Sacramento County District Attorney charged defendant Stephanie Miller with carrying a concealed firearm in a vehicle under her control. Penal Code section 25400(a)(1) did not apply to individuals, unlike Miller, who were licensed to carry concealed firearms under California law. Later that year, Miller filed a demurrer asserting her concealed firearm charge was unconstitutional under New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S.Ct. 2111 (2022) which held the “proper cause” requirement in New York’s public carry licensing regime violated the Second and Fourteenth Amendments. The trial court sustained Miller’s demurrer and dismissed the charge against her. On appeal, the State argued Miller lacked standing to raise her constitutional challenge because she never attempted to apply for a license and could not show she would satisfy any valid conditions California places on receiving one. The State argued Bruen only invalidated the “good cause” requirement in California’s firearm licensing statutes and they remained otherwise constitutional pursuant to the severability doctrine. The State further argued the trial court’s interpretation of Bruen was overly broad and the criminal charge of having a concealed firearm under section 25400 remained valid post-Bruen. After review, the Court of Appeal concluded that, to the extent Miller had standing, her assertions were ultimately unavailing because section 25400 did not violate the Second Amendment regardless of the constitutionality of California’s firearm licensing statutes. The Court therefore reversed the superior court’s order sustaining Miller’s demurrer and dismissing the charge against her.
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