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Name: People v. Eller
Case #: C100839
Opinion Date: 20251009
Attorney: Chris Stansell, Vanessa Place
Summary

Appellant was previously convicted of misdemeanor battery (Pen. Code, § 242) and misdemeanor assault (§ 240) in California. He was then convicted of unlawful possession of a firearm within 10 years of his misdemeanor convictions. (§ 29805, subd. (a)(1).) On appeal, appellant argued that under the framework of New York State Rifle & Pistol Assn., Inc. v. Bruen (2022) 597 U.S. 1, section 29805, as applied to him, violates his Second Amendment right to possess firearms because the law does not apply to those who have convictions for similar misdemeanors in other jurisdictions. The Court of Appeal found the claim was cognizable on appeal because appellant was challenging the power of the state to prosecute him despite his guilt of the charged offense. The Court then agreed with appellant, reversed his conviction, and remanded for further proceedings.