Bruen is rolling downhill to lower courts.

In California even. A state court.

The People of the State of California v. Tony Diaz. Diaz was busted for carrying an unregistered handgun without a license. The court cited Bruen and tossed the charges. The state is allowed to file an amended complaint, and — it being California — I assume they will.

At the time of defendant’s arrest California provided one legal means by which an individual could exercise their right to public carry- to get a license under section 26150. That path was unconstitutional. According to Shuttlesworth, faced with an unconstitutional restriction on his constitutional right, defendant was free to engage “with impunity in the exercise of the right. .. ”

The Court does not relish the conclusion reached here and understands its ramifications. But this result cannot be avoided in light of Bruen and Shuttlesworth and the arguments presented by the parties.

The demurrer is SUSTAINED. The People may attempt to remedy the complaint by filing an amended complaint within ten calendar days of the issuance of this order.(§ 1007.) If an amended complaint is not timely filed, the case will be dismissed.

When even California has to take note, we’ve started down the path to freedom again.