People v. Rubalcava

WERDEGAR, J., Concurring

The majority acknowledges that the current statutory prohibition on carrying a concealed “dirk or dagger” (Pen. Code, § 12020, subds. (a), (c)(24)) may be “overbroad as a matter of common sense . . • ra ■ • . due to the wide range of otherwise innocent conduct it proscribes” (maj. opn., ante, at p. 333), but holds the defect is not a constitutional one and the remedy, if any, must therefore be legislative. I agree; I write separately only with the hope of pointing the way toward a possible solution.

In 1993, responding to judicial pleas for a clear definition of the…