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Name: People v. Flores
Case #: D051215
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/19/2008

Penal Code sections 12021, subdivision (c)(1), 12025, subdivision (a)(2), and 12031, subdivision (a)(1), do not violate federal constitutional rights protected by the Second Amendment. Appellant was convicted of possession of a firearm by a prohibited person (Pen. Code, § 12021, subd. (c)(1)), carrying a concealed firearm (Pen. Code, § 12025, subd. (a)(2)), and carrying a loaded firearm in a public place (Pen. Code, § 12031, subd. (a)(1)). On appeal he challenged the convictions as violating his constitutional rights under the Second Amendment in light of District of Columbia v. Heller (2008) ___U.S.__ [128 S.Ct. 2783, 171 L.Ed.2d 637]. The appellate court affirmed. While Heller provided little guidance on how courts should determine whether numerous firearm restrictions not explicitly addressed in that opinion should be evaluated, it did emphasize that an individual’s right to possess and carry weapons is not unlimited. The firearm statutes at issue here are nowhere near as broad as the statutes at issue in Heller.