Brown
People v. Brown
Opinion
Opinion
Murray, J.
Defendant Kenneth Wesley Brown was convicted of possession of a “short-barreled shotgun” under Penal Code former section 12020. (Stats. 2008, ch. 699, § 18, p. 4834.) Defendant had been found in possession of the weapon in his home. California’s statutory definition of “short-barreled shotgun” includes a shotgun with a barrel less than 18 inches long or with an overall length of less than 26 inches, regardless of the length of the barrel. The barrel of defendant’s shotgun was one-quarter inch longer than the minimum length of 18 inches, but the overall length was 25 and one-half inches—too short by half an inch. He appeals, contending the statute, on its face and as applied, violates the Second Amendment’s right to bear arms and equal protection. He also claims the trial court erred in denying his motion for acquittal (§ 1118.1) due to insufficiency of evidence, and made instructional errors.
We conclude that California’s ban on shotguns with an overall length of less than 26 inches does not violate the Second Amendment or equal protection. We also reject defendant’s other contentions.
We affirm.