Does section 654 of the Criminal Code require a separate punishment for possession of a firearm while a convicted felon?

California, United States of America


The following excerpt is from People v. Heath, D067544 (Cal. App. 2015):

Heath admitted that he purchased one of the firearms and obtained the other in exchange for drugs before his arrest for transporting controlled substances. Because Heath acquired and possessed the firearms "distinctly antecedent and separate from the primary offense," the court's imposition of separate punishment for his possession of a firearm while a convicted felon and his use of a firearm in connection with transporting controlled substances does not violate section 654. (People v. Wynn (2010) 184 Cal.App.4th 1210, 1217.)

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