Convicted felons are not included in the Second Amendment’s protection of a citizen’s right to bear arms

• Second Amendment Right to Bear Arms
• Convicted Felons and the Second Amendment

It remains a crime for convicted felons or own or possess firearms or ammunition, despite the “right to bear Arms” protections of the Second Amendment.

Defendant Alex Joseph Alexander was convicted in 2006 of attempted murder.  He did his prison time, was released, and presumably began living the life of a law-abiding citizen, . . . at least up until 2021 when he was caught in the possession of a firearm and ammunition.  Tried and convicted with being a felon in possession of a firearm (Pen. Code § 29800(a)(1)) and ammunition (Pen. Code § 30305(a)(1)), and sentenced to prison for two years and eight months, defendant appealed.  On appeal, defendant argued that the relevant statutes violated the Second Amendment right to bear arms and were therefor unconstitutional.

The Fourth District Court of Appeal (Div. 2) affirmed, upholding defendant’s conviction.  This case, obviously, depends upon an interpretation of the Second Amendment. As written, the Second Amendment provides as follows:  “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”  In recent years, the United States Supreme Court has issued three very significant case decisions, striking down attempts by various jurisdictions to outlaw or restrict the possession, use and/or carrying of firearms by private citizens. 

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