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 operable firearm and a controlled substances, he was further charged with being in possession of a controlled substance while armed (H&S § 11370.1). Convicted of everything, and with a couple of prior strikes being found to be true, he was sentenced to six years in prison.  Defendant appealed.

The Fourth District Court of Appeal (Div. 2) affirmed.  The sole issue on appeal was the constitutionality of H&S § 11370.1; “being in possession of a controlled substance while armed,” at least as it might pertain to defendant.  Subdivision (a) of section 11370.1 prohibits the possession of any of a number of specifically listed controlled substances (including methamphetamine) while also being “armed with a loaded, operable firearm.” Defendant argued on appeal that section 11370.1 violated his Second Amendment ....