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Old March 5, 2013, 01:15 AM   #40
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
It may well be ripe for challenge, but it means a big roll of the dice. The statute has been upheld in state court. So one violates the law, gets arrested and begins to challenge the search. He likely won't get anywhere in the state court system, would be convicted and then have to attack the search in federal court. And the Ninth Circuit is unlikely to be helpful.

And this isn't like the open carry cases arising in States in which open carry is legal. In California, having the gun in your car, even in a locked container, is illegal unless it's unloaded. And there's no way to determine if the gun is unloaded, and therefore legal, without inspecting the gun.

Challenging 25850(b) is a hairball. We're better off focusing on the various California rules prohibiting carrying a gun and/or making getting a permit discretionary. The real issue these days, in California and elsewhere, is the bearing of arms outside the home.
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