Does new section 777 of the California Criminal Code retroactively bar convicted felons from possessing a concealable firearm?

11. An analogous issue arose in People v. Mills (1992) 6 Cal.App.4th 1278. In Mills, the defendant was convicted of a felony in 1981; at that time, the law prohibited ex-felons from possessing a concealable firearm, but the law later changed to prohibit ex-felons from possessing any firearm. The defendant bought a shotgun, and in the later prosecution under the new statute argued the new law could not be applied to him because it altered the legal consequences of his conviction by changing and increasing the restrictions on his future conduct. The court rejected the argument, noting that a retrospective law violates ex post facto principles when it substantially alters the consequences attached to a crime already completed, and reasoned that "it is true that the new statute only applies to defendant because he has the status of a convicted felon, and he achieved that status before that statute became effective. Nevertheless, the new statute only applies to an event occurring after its effective date, i.e. defendant's possession of a shotgun six months after the statute became effective. The event, possession of a shotgun by a felon, occurred after the effective date of the statute, and the 1989 amendment was not retroactive." (Id. at p. 1285, original italics.) Similarly, new section 777 applies to the juveniles because they are on probation, and they achieved that status before the effective date of new section 777. However, new section 777 applies only to events occurring after its effective date, i.e. violation of probation, and therefore does not retroactively change the consequences of conduct completed before its effective date.

11. An analogous issue arose in People v. Mills (1992) 6 Cal.App.4th 1278. In Mills, the defendant was convicted of a felony in 1981; at that time, the law prohibited ex-felons from possessing a concealable firearm, but the law later changed to prohibit ex-felons from possessing any firearm. The defendant bought a shotgun, and in the later prosecution under the new statute argued the new law could not be applied to him because it altered the legal consequences of his conviction by changing and increasing the restrictions on his future conduct. The court rejected the argument, noting that a retrospective law violates ex post facto principles when it substantially alters the consequences attached to a crime already completed, and reasoned that "it is true that the new statute only applies to defendant because he has the status of a convicted felon, and he achieved that status before that statute became effective. Nevertheless, the new statute only applies to an event occurring after its effective date, i.e. defendant's possession of a shotgun six months after the statute became effective. The event, possession of a shotgun by a felon, occurred after the effective date of the statute, and the 1989 amendment was not retroactive." (Id. at p. 1285, original italics.) Similarly, new section 777 applies to the juveniles because they are on probation, and they achieved that status before the effective date of new section 777. However, new section 777 applies only to events occurring after its effective date, i.e. violation of probation, and therefore does not retroactively change the consequences of conduct completed before its effective date.