Is a loaded revolver "on his person" if it is carried inside of a backpack
that is being worn by a man fleeing from the police? In California, the
answer is yes.
On Monday, the California Supreme Court held in People v. Wade (S224599), that the defendant in that fact scenario was guilty of carrying a loaded firearm pursuant to Penal Code section 25850, subdivision (a). The Court got this one right. A loaded revolver tucked into a waistband, a loaded pistol inside of a briefcase, and a loaded firearm packed inside of a suitcase at the airport are all "on his person" and are all an equal threat to public safety.
In so holding,the Court said: "we believe the statute should be fairly applied consistent with the Legislature's concern with the threat to public safety from those with control over and ready access to loaded guns in public. We agree with the Court of Appeal in this case 'that defendant's immediate access to the revolver within the backpack he wore created the type of clear threat to the general public . . . that is prohibited by section 25850, subdivision (a).' "
On Monday, the California Supreme Court held in People v. Wade (S224599), that the defendant in that fact scenario was guilty of carrying a loaded firearm pursuant to Penal Code section 25850, subdivision (a). The Court got this one right. A loaded revolver tucked into a waistband, a loaded pistol inside of a briefcase, and a loaded firearm packed inside of a suitcase at the airport are all "on his person" and are all an equal threat to public safety.
In so holding,the Court said: "we believe the statute should be fairly applied consistent with the Legislature's concern with the threat to public safety from those with control over and ready access to loaded guns in public. We agree with the Court of Appeal in this case 'that defendant's immediate access to the revolver within the backpack he wore created the type of clear threat to the general public . . . that is prohibited by section 25850, subdivision (a).' "
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