"FROM THE CLASSROOM" by Ray Hill, Professor Emeritus, Santa Rosa Junior College

Ray Hill is a retired Police Lieutenant and Professor Emeritus at Santa Rosa Junior College. He has taught in the POST Basic Academy and Advanced Officer Training for 45 years.

11370.1 H&S DOESN’T VIOLATE THE SECOND AMENDMENT (Peo. v. Gonzalez, 4DCA, #E073987, 3/22 – 2022 Cal. App. Lexis 174)

Let’s start out the week with a  good laugh!!

  After studying case law for over 50 years, it never ceases to amaze me to what extremes defense counsel will go in appealing a conviction. So check this one out….

  Riverside County. Defendant was found asleep in his car with a .6-gram bag of methamphetamine and a loaded handgun at his feet. He was convicted of possession of narcotics while armed, being a felon in possession of a firearm and ammunition, and sentenced to 6 years in CDC&R.  

  On appeal and citing the Second Amendment, defendant challenged the legality of 11370.1 H&S because the statute restricts the right of a non-violent offender (come on now – you’re a felon!!) to possess a firearm. Quick work by the 4DCA – “We conclude the argument lacks merit and affirm”. “Second Amendment jurisprudence, for all its murkiness, is quite clear – There is no constitutional right to carry a firearm while committing a crime”. “Armed controlled substance abusers pose a threat to the public and to peace officers – a dangerous combination”.

  Not much take away here for future street work but I got a good chuckle in reading this case.

Stay Safe,

RH

NOTE: A full brief of this decision by Deputy District Attorney Robert Phillips (Ret.) is available by clicking here.