Charles Edward Davis v. Superior Court of the State of California, Etc.

Davis was charged by the State of California with violation of Sections 12021 and 12031(a) of its Penal Code, which make it criminal for a convicted felon to own or possess a concealable firearm, or to carry such a firearm in a vehicle on a public street. He removed the action to the District Court under 28 U.S.C. § 1443 (1). Two days later, the court, sua sponte, ordered the proceeding remanded to the California court.

It is clear that the petition for removal does not state any ground for removal of this state criminal case. Such removal is proper only if the petitioner asserts, “as a defense to the prosecution, rights that are given to [him] by explicit statutory enactment protecting equal racial civil rights.” People of State of California v. Sandoval, 9 Cir., 1970, 434 F.2d 635, 636 . There is no such assertion here. On the contrary, the only claim is that Davis’ prior convictions are invalid for various specific reasons, none remotely related to the protection of equal racial civil rights, that Davis has pending habeas corpus proceedings in the District Court to test the validity of those convictions, and that the state court declines to recognize the pendency of those…