People v. Wade
201 Cal. Rptr. 3d 876
Cal.2016Background
- Defendant Steven Wade was wearing a backpack containing a loaded revolver while being pursued by police; he was charged under Penal Code § 25850(a) for carrying a loaded firearm on his person.
- At preliminaries, testimony established the gun was inside the backpack; the trial court granted defendant’s motion under § 995, finding the gun was not carried “on his person,” relying on People v. Pellecer.
- The People appealed; the Court of Appeal reversed, holding that a person wearing a backpack containing a firearm carries it on his person.
- The California Supreme Court granted review to resolve the apparent conflict between Pellecer and the Court of Appeal in this case.
- The Supreme Court analyzed statutory text, the Deadly Weapons Recodification Act background, dictionary definitions, and comparative out‑of‑state authority, and found Pellecer’s reasoning inapplicable to firearms.
- The Court affirmed the Court of Appeal: a firearm contained in a backpack that the defendant wore was carried on his person for purposes of § 25850(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a firearm inside a backpack worn by a person is "carried on the person" under Penal Code § 25850(a) | A person wearing a backpack carrying a loaded firearm carries it on the person; backpack and contents are in immediate contact and create ready access | A gun in a backpack is not "on the person"; statute should be narrowly construed to cover visible/openly carried loaded guns (relying on Pellecer for containers) | The Court held that a firearm in a backpack worn by a person is carried on the person for § 25850(a) purposes |
Key Cases Cited
- People v. Dunn, 61 Cal.App.3d Supp. 12 (Cal. Ct. App.) (holds handgun in a carried suitcase may be "upon his person")
- People v. Pugach, 204 N.E.2d 176 (N.Y. 1964) (briefcase with concealed gun is "concealed upon his person")
- DeNardo v. State, 819 P.2d 903 (Alaska Ct. App. 1991) (knife in briefcase constitutes a weapon concealed on the person)
- State v. Anfield, 836 P.2d 1337 (Or. 1992) (bag carried by defendant and its contents are upon the person)
- State v. Finlay, 42 P.3d 326 (Or. Ct. App. 2002) (suitcase with firearm constitutes carrying concealed upon the person)
- Muscarello v. United States, 524 U.S. 125 (U.S. 1998) (interpreting federal "carries a firearm" language; noted but not controlling here)
- People v. Pellecer, 215 Cal.App.4th 508 (Cal. Ct. App. 2013) (knife in backpack held not carried on person; disapproved to the extent inconsistent with this decision)