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FIREARM OFFENSES
 

     The criminal laws in California which define who can possess a firearm and the manner in which a firearm can be possessed are in a state of flux. That is so because of a United States Supreme Court decision in 2022 which held the right to bear arms protected by the Second Amendment was violated by a New York law that required those wishing to carry a handgun in public places show a special need to defend themselves. Since then, whether state and federal laws that prohibit "open carry" and "concealed carry" of a handgun are constitutional has become an open question, particularly in California where both manners of carrying a handgun are prohibited unless certain exceptions to the law apply.   Anyone who is charged with a state or federal offense that alleges possession or use of a firearm needs to know if the charged offense is a permissible restriction of the constitutional right to bear arms protected by the Second Amendment. If not, a prosecution cannot proceed because a criminal conviction can not result from enforcement of a law which violates rights protected by the Constitution.

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