California, United States of America
The following excerpt is from People v. Vang, No. C059700 (Cal. App. 5/17/2010), No. C059700. (Cal. App. 2010):
Health and Safety Code section 11370.1 "does not criminalize traditionally lawful conduct, but simply provides a more severe penalty for the unlawful possession of certain controlled substances by a person who is also armed with a loaded and operable firearm." (People v. Heath (2005) 134 Cal.App.4th 490, 497.) There is a common intent behind the "drug offense weapon enhancement statutes: to foster public safety and protect law enforcement officers by deterring drug users from possessing loaded, operable firearms while they are under the influence of street drugs. Deterrence is fostered by construing such statutes broadly. [Citation.]" (Pena, supra, 74 Cal.App.4th at p. 1087.)
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