Ellison

Following a jury trial, defendant was convicted of unlawfully carrying a concealable firearm in a vehicle (Pen. Code, § 12025, subd. (a)(1)), but acquitted of three other charges. On appeal, defendant challenges his conviction on the grounds that (1) Penal Code section 12025, subdivision (a)(1), infringes on his right to bear arms, as guaranteed by the Second Amendment of the federal Constitution, and (2) his conviction was the result of prosecutorial misconduct during summation to the jury. We affirm.

BACKGROUND

Because defendant was acquitted of the counts relating to the incident leading up to his detention and arrest for carrying a concealed firearm in a vehicle, we will not recount all of the facts relating to those counts.

On January 20, 2009, Deputy Cox was dispatched to an address in Corona based on a report that an ex-roommate, who had made threats earlier, was *1346 parked in his vehicle outside the reporting party’s residence, and that a firearm was involved. The deputy and her partner approached the vehicle, a. small pickup truck, from behind, and found defendant asleep in the driver’s seat in the cab of the truck.

Deputy Cox knocked on the window, and…