People v. Scott CA1/3

DISCUSSION

Scott argues his conviction for possession of a firearm by a felon must be vacated because section 29800 violates the Equal Protection clause of the Fourteenth Amendment (U.S. Const., 14th Amend., § 1) and his Second Amendment right to possess a firearm (U.S. Const., 2nd Amend.). We disagree. Section 29800, subdivision (a) states, in relevant part, “Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, . . . and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.” (§ 29800, subd. (a)(1).) Section 29800, subdivision (c) (section 29800(c)) then provides a carve-out from subdivision (a): “Subdivision (a) shall not apply to a conviction or warrant for a felony under the laws of the United States unless either of the following criteria, as applicable, is satisfied: [¶] (1) Conviction of a like offense under California law can only result in imposition of felony punishment. [¶] (2) The defendant was sentenced to a federal correctional…