California court rejects Second Amendment attack on public firearm possession crime

A helpful reader sent me an e-mail altering me to a new decision dealing with a Heller-based Second Amendment claim in a Califorinia criminal case.  The ruling in People v. Yarbrough, No. A120721 (Cal. App. 1st Dist. Dec. 17, 2008) (available here) , starts this way:

Defendant was convicted following a jury trial of carrying a concealed firearm (Pen. ‎Code, § ‎‎12025, subd. (a)(2)), and carrying a loaded firearm in a public place (Pen. Code, ‎‎§ 12031, subd. ‎‎(a)(1)).‎ ‎ He was sentenced to the middle term of two years in state prison ‎for the conviction of ‎carrying a loaded firearm in a public place, and sentence on the ‎remaining conviction was stayed. ‎‎

In this appeal defendant claims that his conviction of possession of a concealed ‎weapon ‎violates the Second Amendment to the United States Constitution, and the trial ‎court gave ‎erroneous instructions in response to jury questions on the charge of carrying a ‎loaded firearm in ‎a public place.  He also challenges the trial court’s sentencing decision ‎to deny probation and ‎impose a state prison term.  We conclude that the conviction of ‎possession of a concealed ‎weapon does not contravene defendant’s Second Amendment ‎rights as interpreted in the United ‎States Supreme Court’s decision in District of ‎Columbia v. Heller (2008) ___ U.S. ___ [171 ‎L.Ed.2d 637, 128 S.Ct. 2783] (Heller), and ‎the court properly instructed the jury on carrying a ‎loaded firearm in a public place. We ‎also find that no prejudicial sentencing error occurred. We ‎therefore affirm the judgment.

I hope to get a chance to consume this opinion and comment on its particulars soon.