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Name: People v. Alexander (2023) 91 Cal.App.5th 469
Case #: E078846
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 05/11/2023

State laws prohibiting felons from possessing firearms and ammunition are facially valid under Bruen because such conduct is not covered by the Second Amendment. Defendant challenged his convictions for being a felon in possession of a firearm and ammunition (Pen. Code, § 29800, subd. (a)(1); § 30305, subd. (a)(1)), arguing that under New York State Rifle & Pistol Association, Inc. v. Bruen (2022) 597 U.S. __ [142 S.Ct. 2111], these statutes violate the Second Amendment right to possess firearms for self-defense. Held: Affirmed. In Bruen, the U.S. Supreme Court set forth a new analytical framework for assessing Second Amendment challenges. Here, the conduct challenged by defendant—prohibiting felons from possessing firearms and ammunition—is not covered by the Second Amendment. Under Bruen and District of Columbia v. Heller (2008) 554 U.S. 570, only law-abiding citizens are included among “the people” whose right to bear arms is protected by the Second Amendment. Convicted felons, by definition, are not law-abiding and thus are not afforded Second Amendment rights.

The full opinion is available on the court’s website here: