108 Cal.App.5th 144
Cal. Ct. App.2025Background
- Trevon Marcus Bey was convicted by jury of possession of a firearm by a felon (Penal Code § 29800(a)(1)) and carrying a loaded firearm in public (§ 25850(a)) after being found with an unregistered, loaded "ghost gun" in a public parking lot.
- Bey's earlier strike conviction was dismissed by the court under People v. Superior Court (Romero).
- Bey represented himself (in propria persona) but had his self-representation status revoked after repeated disruptions during pretrial and jury selection; standby counsel was appointed.
- Bey challenged both convictions on constitutional grounds, arguing violation of Second Amendment rights and that California's concealed carry regulatory scheme was unconstitutional under New York State Rifle & Pistol Ass’n v. Bruen.
- The Court of Appeal affirmed the convictions and process, but agreed to stay the sentence for carrying a loaded firearm in public under Penal Code § 654, as it was part of the same act as the felon-in-possession offense.
Issues
| Issue | Bey's Argument | State's Argument | Held |
|---|---|---|---|
| Revocation of self-representation (Faretta rights) | Court abused discretion; disruptions didn't amount to serious, obstructive misconduct | Revocation justified due to repeated disrespect, disruption, and defiance of court rules | Revocation proper; no constitutional violation |
| Felon-in-possession statute & Second Amendment | § 29800 violates Second Amendment; not consistent with historical tradition | Prohibiting felons from firearm possession is longstanding and constitutional | No violation; statute constitutional under Heller/Bruen |
| Constitutionality of concealed carry licensing laws | California’s scheme ("good cause" requirement) mirrors invalid New York standard in Bruen | Licensing regime as a whole is valid; only "good cause" aspect unconstitutional, and severable | Licensing scheme remains valid after severing "good cause" |
| Punishment for both offenses (Penal Code § 654) | Both convictions based on same act; only one punishment permitted | Parties agree; concurrent sentence on count 2 should be stayed | Sentence on count 2 stayed; no remand necessary |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (defendants possess, but may forfeit, right to self-representation for serious misconduct)
- District of Columbia v. Heller, 554 U.S. 570 (Second Amendment protects individual right, but allows firearms restrictions on felons)
- New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (restrictive "proper cause" licensing scheme for public carry unconstitutional, but licensing regimes generally allowed)
- McDonald v. City of Chicago, 561 U.S. 742 (incorporates Second Amendment against the states, noting felon possession laws presumptively valid)
- People v. Jones, 54 Cal.4th 350 (multiple convictions may only result in one punishment under § 654 for single-episode firearm possession)