People v. Canela CA4/1

Good Law
Court of Appeal of CaliforniaDecember 11, 2024D082461California4,111 words

Opinion

Opinion

INTRODUCTION

Gerardo Canela appeals a judgment of conviction after a jury found him guilty of being a felon in possession of a firearm and ammunition. Relying on New York State Rifle & Pistol Association, Inc. v. Bruen (2022) 597 U.S. 1 (Bruen), Canela argues California’s felon dispossession laws are facially unconstitutional under the Second Amendment to the United States Constitution. We conclude California’s felon dispossession laws are facially valid. Therefore, we affirm the judgment. II

BACKGROUND

A. Factual Background One evening, Canela and two men walked up to an axe-throwing business in downtown San Diego. One of Canela’s companions had a cut and asked the business owner for a band-aid. The owner retrieved a first aid kit from the restroom, returned to the storefront, and observed Canela and the second man graffitiing a sign in front of the store. The owner walked outside and confronted the men, which caused Canela to raise his fists and assume a fighting stance. The business owner went back inside the store and told the man who needed the band-aid to leave. After the man exited the store, Canela and his two comrades surrounded the front door, cursed at the owner, and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.