Legal Opinion · Dissent

California Correctional Peace Officers Ass'n v. Department of Corrections

California Court of Appeal

Decided June 16, 1999No. C029712Published

1Dissent

*1341KOLKEY, J.

I respectfully dissent. The majority’s construction of Penal Code section 120211 oversteps our constitutional role to construe statutes as they are, and not rewrite them as we speculate they might be. Despite rules of statutory construction against repeals by implication, and a specific legislative directive to honor the permanent firearm ban in the event of a statutory conflict, the majority today disregards that directive and judicially repeals the permanent ban on firearm possession imposed by two separate statutes on those convicted of violating section 246—which makes it a…

2Cases cited22 opinions

  1. People v. AndersonCalifornia Supreme Court · 1987
  2. McBoyle v. United StatesSupreme Court of the United States · 1931
  3. People v. OverstreetCalifornia Supreme Court · 1986
  4. Steven A. v. Rickie M.California Supreme Court · 1992
  5. People v. CruzCalifornia Supreme Court · 1996

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