Helmer

Donald J. Helmer sought a declaration that Penal Code section 12021, subdivision (a) (felon in possession of a firearm), was unconstitutional. The trial court sustained without leave to amend the demurrer of defendants Edwin L. Miller, District Attorney of San Diego County, and Daniel E. Lungren, Attorney General of the State of California (collectively defendants). Judgment was entered on the order sustaining the demurrer. Helmer appeals, we affirm.

Background

Appellant Donald J. Helmer filed a complaint for declaratory relief, asking the trial court to determine the validity of section 12021, subdivision (a). The section makes it a felony for a person previously convicted of a felony to possess a firearm. Helmer alleged he had been convicted of a felony within the meaning of section 12021, subdivision (a), in 1984. In a declaration attached to the complaint Helmer stated his conviction was for a “white collar” violation not involving violence.

Noting that at the time of his 1984 felony conviction, section 12021, subdivision (a), made it a misdemeanor for a felon to possess a concealable firearm, appellant alleged application to him of the more onerous present version…