The People, Plaintiff and Appellant v. Steven Wade, Defendant and Respondent

Summary

The court held that a person wearing a backpack containing a loaded revolver carries the firearm "on the person" under Penal Code section 25850, subdivision (a). It relied on the ordinary meaning of the statutory language, analogous decisions involving firearms in containers, the Legislature's public-safety purpose, and the distinction between a backpack being worn and merely being near a defendant. The court rejected the rule-of-lenity argument, disapproved contrary reasoning to the extent inconsistent with its decision, and affirmed the Court of Appeal.