No. 22-5406

Daniel Edward Gonzalez v. California

Lower Court: California
Docketed: 2022-08-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights criminal-law criminal-statute drug-possession due-process felony-enhancement firearm-possession firearms second-amendment
Latest Conference: 2022-09-28
Question Presented (from Petition)

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?

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

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.
Main DocumentMain Document
2022-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 19, 2022)
PetitionAppendixMotion for Leave to Proceed in Forma PauperisProof of ServicePetitionAppendixMotion for Leave to Proceed in Forma PauperisProof of Service

Attorneys

California
Steven Taylor Oetting — Attorney General's Office, Respondent
Daniel Edward Gonzalez
Steven S. Lubliner — Law Off of Steven S. Lubliner, Petitioner