No. 22-5406
Daniel Edward Gonzalez v. California
Response WaivedIFP
Tags: civil-rights constitutional-rights criminal-law criminal-statute drug-possession due-process felony-enhancement firearm-possession firearms second-amendment
Key Terms:
SecondAmendment JusticiabilityDoctri
SecondAmendment JusticiabilityDoctri
Latest Conference:
2022-09-28
Question Presented (AI Summary)
Whether California Health and Safety Code section 11370.1 violates the Second Amendment by making possessing certain drugs while armed a felony
Question Presented (OCR Extract)
QUESTION PRESENTED California Health and Safety Code section 11370.1 makes possessing certain drugs while armed a felony. Because mere misdemeanor drug possession is a nonviolent crime and because being “armed,” i.e., having a “loaded, operable firearm . . . available for immediate offensive or defensive use” is protected by the Second Amendment to the United States Constitution, does section 11370.1 violate the Second Amendment? i
Docket Entries
2022-10-03
Petition DENIED.
2022-08-25
DISTRIBUTED for Conference of 9/28/2022.
2022-08-24
Waiver of right of respondent California to respond filed.
2022-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 19, 2022)
Attorneys
California
Steven Taylor Oetting — Attorney General's Office, Respondent
Daniel Edward Gonzalez
Steven S. Lubliner — Law Off of Steven S. Lubliner, Petitioner