Brown

Filed 7/21/14 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C066262

Plaintiff and Respondent, (Super. Ct. No. 09F06523)

v.

ORDER MODIFYING OPINION

KENNETH WESLEY BROWN, AND DENYING REHEARING

Defendant and Appellant. [NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on June 25, 2014, be modified as follows: 1. On page 12, the first sentence of the second paragraph should read:

This court in James noted what weapons are protected under Heller.

2. On pages 17-18, the paragraph beginning “Second, the federal registration” should be modified to read:

Second, the federal registration requirement for short-barreled shotguns and other listed weapons is designed to eliminate criminal use of these inherently dangerous weapons. “The registration requirement reflects Congress’s determination that certain

1 weapons are almost certain to be used for unlawful purposes: ‘The primary reason that unregistered…