In People v. Ball, the Supreme Court today holds that a defendant can be convicted of brandishing a gun under certain circumstances if “the brandishing would cause a reasonable person apprehension or fear, regardless of whether a particular victim actually experienced such fear.”
The court’s unanimous opinion by Justice Evans is unusually — and commendably — short; just eight pages. Actually, it’s barely over seven pages. (Cf. “SCOCA is spending more time writing fewer and longer decisions”.) The court affirms the even shorter, belatedly published, opinion by the Fourth District, Division Three, Court of Appeal.
The statute in question — Penal Code section 417.3 — makes it a felony to, “in the presence of any other person who is an occupant of a motor vehicle proceeding on a public street or highway, draw[ ] or exhibit[ ] any firearm, whether loaded or unloaded, in a threatening manner against another person in such a way as to cause a reasonable person apprehension or fear of bodily harm.” The court relies on the fact that, “[i]n specifying the effect of the brandishing, . . . section 417.3 . . . speaks in terms of a hypothetical ‘reasonable person.’ ”
