What is the test for interfering with the possession of a firearm by a minor offender?

California, United States of America


The following excerpt is from People v. Bingham, A150577 (Cal. App. 2018):

Furthermore, we reject Bingham's argument the right to bear arms under the Second Amendment necessitates a strict scrutiny analysis. The Second Amendment permits " 'presumptively lawful regulatory measures' . . . , including 'longstanding prohibitions on the possession of firearms by felons' " and logically also allows such prohibitions to extend to the possession of firearms by certain misdemeanants. (People v. Flores (2008) 169 Cal.App.4th 568, 574-575, quoting District of Columbia v. Heller (2008) 554 U.S. 570, 626-627, & fn. 26.) "Heller intended by this language to put

Page 16

certain recognized prohibitions outside the ambit of the Second Amendment right it had delineated." (People v. Delacy, supra, 192 Cal.App.4th at p. 1491.) Thus, Bingham cannot claim interference with a " 'fundamental' right that would invoke elevated scrutiny under the equal protection clause." (Id. at p. 1495 [rational basis test applicable].)

Other Questions


In what circumstances would the Court have found that possession for sale and possession for possession of a firearm be a less favourable verdict than the previous verdict? (California, United States of America)
In what circumstances will a court allow a defendant to appeal against his conviction for possession of a firearm and possession of an unregistered firearm pursuant to section 186.22(b)(1) of the Criminal Code? (California, United States of America)
Is a convicted felon convicted of assault with a deadly weapon and felon in possession of a firearm prohibited from possessing a firearm? (California, United States of America)
Can a probation condition prohibiting possession of firearms or ammunition be changed to prohibit possession of a firearm without a knowledge requirement? (California, United States of America)
Can a felon in possession of a firearm be punished separately for the possession and the crime in which the felon used the firearm? (California, United States of America)
When an ex-felon commits a crime using a firearm and arrives at the scene already in possession of the firearm, does Section 654 of the Criminal Code bar assault with a firearm? (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 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)
Can a conviction for possession of a firearm be based on constructive possession of the firearm? (California, United States of America)
Does section 654 of the California Criminal Code prohibit multiple punishment for possessing a firearm and possessing ammunition outside apart from that firearm? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.