Law Office Of Peter Goodman
819 Eddy Street
San Francisco, CA 94109
Telephone: (415) 781- 8866
Facsimile: (415) 781- 2266
email: Goodmanlawoffice@att. net
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.