What is the limitation of a defendant's right to possess a firearm under section 1203.1 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Guerra, B275889 (Cal. App. 2017):

which she acknowledges is permissible. Defendant asserts the weapons condition is unreasonable under section 1203.1 because her offense did not involve any weapons or violence. She also claims the condition is overbroad because it "unduly restricts [her] Second Amendment right to bear arms," which she understands to encompass a right to possess weapons generally, not just firearms. We conclude defendant has forfeited both arguments because she did not object to the weapons condition at the time of sentencing. (People v. Welch (1993) 5 Cal.4th 228, 237.)

Other Questions


Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
Can a convicted felon who is in possession of a firearm for a short period of time, but who has not been convicted of a criminal offence under section 12021 of the California Penal Code, can he continue to possess the firearm? (California, United States of America)
Does section 12022.5, subdivision (a) of the California Penal Code, section 120 22.5(1) of Section 1385(2) apply to a defendant who personally uses a firearm in the commission of a felony or attempted felony? (California, United States of America)
Is a convicted member of a street gang who is serving time for a charge of possession of a firearm with intent to endanger life or cause grievous bodily harm under section 186.22 of the California Penal Code (b)(1)(1) of the Penal Code)? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does former Penal Code section 12020 of the California Penal Code prohibit possession of a wide variety of weapons? (California, United States of America)
Does a Defendant who commits an assault with a firearm under section 245, subdivision (a)(1) of the California Criminal Code commit assault with the deadly weapon under Section 245 of the Civil Code? (California, United States of America)
How have courts interpreted section 654 of the California Criminal Code for possession of a firearm and the possession of ammunition in a firearm? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.