CCPOA

This is an appeal from a summary judgment in an action seeking a declaration that James Blanchard, a correctional officer, is not prohibited from possessing a firearm under Penal Code section 12021. 1 Blanchard, a correctional officer for 15 years, will lose his employment as a peace officer if he cannot possess a firearm.

Section 12021, subdivision (a), declares it a felony to own or possess a firearm if convicted of a felony or of specified misdemeanors, including, by *1334 reference to section 12001.6, subdivision (b), section 246. Blanchard was convicted 20 years ago of a misdemeanor violation of section 246. It was on this ground the trial court denied relief.

Plaintiff California Correctional Police Officers Association (CCPOA), Blanchard’s union, appeals contending a later amendment to subdivision (c) of section 12021 explicitly restricts the ownership or possession of a firearm to a 10-year period following a misdemeanor conviction of section 246, under which Blanchard qualifies. We agree.

We resolve the irrefragable conflict between subdivisions (a) and (c) of section 12021 under the rule the most recently enacted language controls, by giving effect to the…

I respectfully dissent. The majority’s construction of Penal Code section 12021 1 oversteps our constitutional role to construe statutes as they are, and not rewrite them as we speculate they might be. Despite rules of statutory construction against repeals by implication, and a specific legislative directive to honor the permanent firearm ban in the event of a statutory conflict, the majority today disregards that directive and judicially repeals the permanent ban on firearm possession imposed by two separate statutes on those convicted of violating section 246—which makes it a crime to maliciously discharge a firearm at an occupied home, vehicle, or aircraft.

The majority argues that it must nullify (that is, judicially repeal) the statutory language imposing this permanent firearm ban on the ground that an “irrefragable conflict” (maj. opn., ante, at p. 1334) exists between the permanent firearm ban for violations of section 246 under subdivision (a) of section 12021 and the 10-year firearm ban for misdemeanor violations of section 246 under subdivision (c)(1) of the same statute.

However, no conflict exists because subdivision (c)(1) is prefaced with the phrase, “[ejxcept…

BLEASE,:J.

This is an appeal from a summary judgment in an action seeking a declaration that James Blanchard, a correctional officer, is not prohibited from possessing a firearm under Penal Code section 12021. [1] Blanchard, a correctional officer for 15 years, will lose his employment as a peace officer if he cannot possess a firearm.

Section 12021, subdivision (a), declares it a felony to own or possess a firearm if convicted of a felony or of specified misdemeanors, including, by reference to section 12001.6, subdivision (b), section 246. Blanchard was convicted 20 years ago of a misdemeanor violation of section 246. It was on this ground the trial court denied relief.

Plaintiff California Correctional Police Officers Association (CCPOA), Blanchard's union, appeals contending a later amendment to subdivision (c) of section 12021, explicitly restricts the ownership or possession of a firearm to a 10-year period following a misdemeanor conviction of section 246, under which Blanchard qualifies. We agree.

We resolve the irrefragable conflict between subdivisions (a) and (c) of section 12021 under the rule the most recently enacted language controls, by giving effect to the…