WOODLAND, CA – During a pre-trial conference this week in Yolo County Superior Court, Judge Daniel Wolk denied Deputy Public Defender Stephen Betz’s argument to dismiss the accused’s case of concealed carry, on 2nd Amendment grounds.
The 2nd Amendment, which guarantees “the right to bear arms,” was cited during the hearing, where DPD Betz stated the knife in this case can be considered “an arm.”
The accused is currently in custody with a felony charge of carrying a dirk and dagger concealed on his person, with a few enhancements, and Betz submitted a brief citing cases regarding the second amendment to the court.
To these charges, DPD Betz pointed to several cases from the Supreme Court, specifically United States v. Mueller, which discusses concealed carry. DPD Betz stated California does not provide the opportunity to apply for concealed carry, in addition to his argument to dismiss the case.
DPD Betz argued the protection of the 2nd Amendment extends to concealed carry, and cites the intent of protection, adding People v. Mitchell, and mentions the intent to protect oneself from surprise attacks.
Although Deputy District Attorney David Robbins agreed with DPD Betz’s statement on a knife being the equivalent to an arm, the main qualm DDA Robbins presented was the concealed aspect of this crime.
Despite DPD Betz’s arguments, Judge Wolk ultimately denied the defense request to dismiss the case and sent the accused to trial.
The pre-trial conference is set for Nov. 6, the jury trial Nov. 12. The accused will remain in jail with a bail of $50,000.
