Legal Opinion
In Re Evans
California Court of Appeal
Decided October 3, 1996No. E018197PublishedCited by 21 opinions
1Opinion of the Court
Opinion
McKINSTER, J.
This petition raises the issue 1 of whether Penal Code section 12021, subdivision (c) unconstitutionally discriminates among various classes of persons who are subject to a 10-year prohibition on possessing firearms as a consequence of misdemeanor convictions. 2 We conclude that it does. In order to preserve as much of the legislative intent as possible, we will construe the statute to include petitioner within its reach, and remand with directions that petitioner be allowed to seek relief under that subdivision.
Posture of the Case
In 1992, petitioner Dick G. Evans entered…
2Cases cited25 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Plyler v. DoeSupreme Court of the United States · 1982
- Loving v. VirginiaSupreme Court of the United States · 1967
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- Calder v. BullSupreme Court of the United States · 1798
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3Cited by21 opinions
- Kasler v. LockyerCalifornia Supreme Court · 2000
- People v. YarbroughCalifornia Court of Appeal · 2008
- People v. DelacyCalifornia Court of Appeal · 2011
- People v. ConleyCalifornia Court of Appeal · 2004
- People v. MesceCalifornia Court of Appeal · 1997
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