The United States Supreme Court decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen (2022) 142 S. Ct. 2111 renders possession of a concealed firearm and criminalizing carrying a loaded firearm on your person or in a vehicle in any public place or on a public street and (California Penal Code sections 25400(a) and 25850(a)) unconstitutional under the Second and Fourteenth Amendments of the U.S. Constitution.
§ 25400(a)(1) and 25850(a) fail Bruen’s Second Amendment test.
The Bruen court reiterated the proper standard for applying the Second Amendment: When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. The test “requires courts to assess whether modern firearms regulations are consistent with the Second Amendment’s text and historical understanding.”