Second Amendment Update: Does the Important Bruen Decision Protect Possession of a Weapon While Engaging in Illegal Activity?

By Robert Phillips  
Deputy District Attorney (ret.)  

Second Amendment Update: Possession of a controlled substance while armed and carrying an unregistered firearm   

Defendant Joshua Paul Allen got caught sitting in his car with a loaded firearm in his belt and methamphetamine elsewhere in his car. Convicted of possession of a controlled substance while armed with a firearm (H&S Code § 11370.1(a)) and possessing an unregistered and loaded firearm while in a vehicle (Pen. Code § 25850(a) & (c)), Allen challenged the constitutionality of both of these offenses in light of the United States Supreme Court decision in N.Y. State Rifle & Pistol Association v. Bruen (2022) 597 U.S. [213 L.Ed.2nd 387; 142 S.Ct. 2111].  

The Fourth District Court of Appeal (Div. 2, Riverside) rejected Allen’s arguments in the published decision of People v. Allen (Oct. 17, 2023) 96 Cal.App.5th 573.   

First, agreeing with its own 2022 decision of People v. Gonzalez, 75 Cal.App.5th 907, 912–916, the court held that the Second Amendment protects the rights of responsible, law-abiding ....

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