California, United States of America
The following excerpt is from People v. Aguilar, 108 Cal.Rptr. 179, 32 Cal.App.3d 478 (Cal. App. 1973):
Assuming defendant's interpretation to be correct, it is, of course, undeniable that the victim of a murder is no more dead, if he had been shot than if he has been poisoned, smothered or drowned. The purpose of the statute is, however, at least partly prophylactic: to cause fewer people to be murdered in the first place. When certain properties of firearms are considered in combination, it becomes obvious that section 12022.5 is based on a rational distinction, even when applied to murder: 1. the disadvantage of the unarmed victim vis-a-vis the murderer who 'has the drop' on him; 2. the peculiarly lethal nature of firearms; and 3. the relative speed with which a potential killer armed with a firearm can execute an intent to kill, once it is formed. (See generally People v. McDaniels, 25 Cal.App.3d 708, 712--716, 102 Cal.Rptr. 444.)
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