What is the test for a criminal conviction for possessing a firearm in a public place?

California, United States of America


The following excerpt is from People v. Manila, 138 Cal.App.4th 1459, 42 Cal.Rptr.3d 340 (Cal. App. 2006):

concerns: that of felons possessing guns, loaded or not, and that of anyone carrying a loaded gun in a public place. Then it stated that, to violate the second statute, defendant had either to load the gun himself or let someone else load it. This, the court concluded, meant that defendant committed two acts, loading the gun and carrying it, thus "bring[ing] our case outside the prohibition against double punishment for a single act or omission." (People v. Harrison, supra, at p. 122, 81 Cal.Rptr. 396.) We need not comment on the persuasiveness of this reasoning

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