Legal Opinion

People v. James

California Court of Appeal

Decided June 2, 2009No. C057995PublishedCited by 18 opinions

[CERTIFIED FOR PARTIAL PUBLICATION*]

1Opinion of the Court

Opinion

SIMS, J.

In this case, we hold that possession of an assault weapon in California remains unlawful and is not protected by the Second Amendment to the federal Constitution as construed by the United States Supreme Court in District of Columbia v. Heller (2008) 554 U.S. _ [171 L.Ed.2d 657, 128 S.Ct. 2783] (Heller). 1

Defendant Michael Eugene James was convicted by jury of three counts of unlawful possession of an assault weapon (Pen. Code, § 12280, subd. (b)), 2 one count of unlawful possession of a .50-caliber BMG rifle (§ 12280, subd. (c)), 10 counts of unlawful possession of a firearm…

2Cases cited6 opinions

  1. District of Columbia v. HellerSupreme Court of the United States · 2008
  2. United States v. CruikshankSupreme Court of the United States · 1876
  3. United States v. MillerSupreme Court of the United States · 1939
  4. Kasler v. LockyerCalifornia Supreme Court · 2000
  5. United States v. FincherCourt of Appeals for the Eighth Circuit · 2008

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Wilson v. County of CookIllinois Supreme Court · 2012
  2. Heller v. District of ColumbiaDistrict Court, District of Columbia · 2010
  3. People v. EllisonCalifornia Court of Appeal · 2011
  4. People v. DelacyCalifornia Court of Appeal · 2011
  5. Wilson v. Cook CountyAppellate Court of Illinois · 2011

13 more not listed; retrieve them via the Exa API.

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