In Re Evans

This petition raises the issue of whether Penal Code section 12021, subdivision (c) unconstitutionally discriminates among various classes of persons who are subject to a 10-year prohibition on possessing firearms as a consequence of misdemeanor convictions. We conclude that it does. In order to preserve as much of the legislative intent as possible, we will construe the statute to include petitioner within its reach, and remand with directions that petitioner be allowed to seek relief under that subdivision.

Posture of the Case

In 1992, petitioner Dick G. Evans entered a plea of guilty to spousal abuse. (§ 273.5.) The offense was classified as a misdemeanor, and Evans was placed on summary probation.

At the time, section 12021, subdivision (c)(1) provided that any person convicted of specified misdemeanors who, within 10 years of the conviction, had any firearm in his or her possession or under his or her control, was guilty of a public offense. Spousal abuse was not one of the listed misdemeanors, but was added by amendment in 1993.

Section 12021 had first been amended to include misdemeanors as offenses subjecting the convicted person to a firearms prohibition in…