Possession of a Controlled Substance While Armed and the Second Amendment Right to Bear Arms

• The Second Amendment and Drug Possession
• H&S Code § 11370.1; Possession of a Controlled Substance While Armed

Health and Safety Code § 11370.1, making it illegal for a person in possession of a controlled substance to also be in possession of a loaded, operable firearm, does not violate the Second Amendment right to bear arms.

Defendant Daniel Edwards Gonzalez was found asleep by a police officer while parked at the side of the road with .6 grams of methamphetamine and a loaded gun at his feet.  Having a prior felony record, he was charged in state court with being a felon in possession of both a firearm (P.C. § 29800(a)(1)) and ammunition (P.C. § 30305(a)).  Because he possessed both a loaded ....