People v. Lamas

Opinion

CHIN, J.

Penal Code section 186.221 is a provision of the California Street Terrorism Enforcement and Prevention Act, also known as the STEP Act. (§ 186.20 et seq.) A violation of section 12031, subdivision (a)(1), is the misdemeanor offense of carrying a loaded firearm in public. Subdivision (a)(2)(C) of section 12031 elevates the offense to a felony if committed by “an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22.”2 We recently interpreted the phrase “an active participant in a criminal street gang, as defined in subdivision (a) of…