THE CALIFORNIA LEGAL UPDATE
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LU Ref# CAI00035
June 24, 2023
Author Ref. No: Vol. 28 No. 6
LU Ref# CAI00035
June 24, 2023
Author Ref. No:   Vol. 28 No. 6
CONSOLIDATED ISSUE

Robert Phillips
Deputy District Attorney (Retired)

THIS EDITION’S WORDS OF WISDOM:
“I’m confused. If Mr. and Mrs. Potato Head are no longer male and female, does this mean there will be no more Tater Tots?”
CASES INDEX
CASE BRIEF
Convicted felons are not included in the Second Amendment’s protection of a citizen’s right to bear arms
COURT CASE REFERENCE: People v. Alexander (May 11, 2023) 91 Cal.App.5th 469
LEGAL UPDATES REFERENCE NO. CAC00103
RULES
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.
FACTS
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.