People v. Alexander (4/2 DCA) - Prohibitions against felons still constitutional

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The 4th District Court of Appeal, Division Two, a California appellate court, has held in People v. Alexander (May 11, 2023, E078846), that the laws of California that prohibit a person convicted of any felony from possessing either firearms or ammunition are constitutional under Heller and Bruen.

The opinion is at https://www.courts.ca.gov/opinions/d...ts/E078846.PDF

[SpudmanWP]

Any details to the THT test or did the judge just say it was so?

nm, They are saying that ex-felons are not "law-abiding" they never get to the THT test.

[Djantlive]

No brained in my mind. Too many mental and criminals have access to guns now.

[SpudmanWP]

Felons are already banned so what criminals do you think are banned that were not before?

Actually, states like CA, OR, WA, etc are actively reducing penalties so that felonies (including violent ones) that would previously be banned are reduced to misdemeanors.

The type of criminal that would use a gun against you will not be stopped by any law and will just buy a gun off the street.

[homelessdude]

Apparently you have not read the several page long list of misdemeanors that Calif. will take away your 2nd amendment rights for.

[Epaphroditus]

^^^When this obsession with criminalizing everything continues soon everyone becomes a criminal. Then deprivation if all rights becomes easy.

A nation founded by revolution where the founding heroes are literally seditious treasonous felons one should be cautious about mindlessly and uncritically dismissing "criminals" rights.

[SpudmanWP]

Apparently you have not read the several page long list of misdemeanors that Calif. will take away your 2nd amendment rights for.

I have but in the same way, felonies became misdemeanors, previously banned misdemeanors are now no longer "prohibited persons"

[darkwater34]

California the only state in the Union where a laww abidinng citjzen can go to bed at night and before his/her feet hit the floor can become a felon.

[darkwater34]

By the way felons no longer felons after expungement and rights restored.

[steel]

Apparently you have not read the several page long list of misdemeanors that Calif. will take away your 2nd amendment rights for.

The vermin piece of $%it otherwise known as Arnold Schwarzenegger signed that into effect just before he left office. Here we have a phony steroid freak who was not even born in America - of a nazi father, no less - signing off on our 2nd amendment right.

[darkwater34]

yup totally agree and you know that Bush Jr. was laughing his *** off when he endorsed him for gov. I would have paid more for registering my vehicle than had another actor in the gov. seat, still ended up with outragous registration fees. I registered 4 vehicles for five years one is a diesel truck for about 1/8th the cost of 4 vehicles registrations for 1 year in california.

[SDCarpenter]

In California if you are even charged with a felony your banned whether you convicted or not.

[SpudmanWP]

In California if you are even charged with a felony your banned whether you convicted or not.

That would be a due process violation and is the logic several courts have used to overturn laws banning people that have TROs from having firearms.

[darkwater34]

One thing is to bring charges another thing is to convict on the original charges. Charges usually lowered to lesser charge or dismissed altogether. People are entitled to due prossess of the law. You cannot be found guilty of a criminal offense only because you were charged of such . There is such thing of a having a trial either by judge or by jury. Or you end up having lynch mobs and vigilante justice. Tar and feather the accused or lynch the accused is denying due prossess. 8th grade civics class study of the Constitution of the United States.

[darkwater34]

Either lynching or tar and feather without a trial is due prossess denied.