94 Cal.App.5th 1296
Cal. Ct. App.2023Background
- Defendant Edward Ceja was convicted of two counts of assault with a firearm, one count of being a felon in possession of ammunition (Pen. Code, § 30305(a)(1)), and one count of possessing a controlled substance while armed; court found multiple prior strikes/serious felonies and later imposed a 17‑year sentence.
- The underlying incident involved Ceja shooting from his vehicle; police arrested him holding a loaded handgun and a backpack containing methamphetamine.
- On appeal Ceja mounted a facial Second Amendment challenge to § 30305(a)(1), relying primarily on the U.S. Supreme Court’s decision in Bruen (decided after his trial).
- The challenge was raised for the first time on appeal; the court treated it as a pure legal issue and reviewed de novo.
- The opinion frames the question against Heller and Bruen and notes recent California appellate decisions addressing analogous felon‑possession prohibitions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §30305(a)(1) facially violates the Second Amendment | Statute is constitutional; felons are not among “the people” the Amendment protects | Statute is facially invalid under Bruen; no textual/historical basis to bar ex‑felons from ammunition | Affirmed: felons are not "the people" protected by the Second Amendment, so the statute does not implicate that right |
| Whether the appellate Second Amendment challenge is forfeited / standard of review | Court should address as a legal question; de novo review | Challenge preserved despite being raised on appeal; relies on new SCOTUS precedent Bruen | Not forfeited; reviewed de novo as a pure legal issue |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (individual right to possess firearms for self‑defense in the home; recognizes longstanding prohibitions on possession by felons)
- New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (U.S. 2022) (right to carry handguns for self‑defense outside the home; adopts historical‑tradition test for firearm regulations)
- People v. Alexander, 91 Cal.App.5th 469 (Cal. Ct. App. 2023) (held felons are not among the "people" protected by the Second Amendment; upheld felon firearm and ammunition prohibitions)
- People v. Odell, 92 Cal.App.5th 307 (Cal. Ct. App. 2023) (endorsed Alexander and upheld felon firearm prohibition)