Harbert v. Deukmejian

Opinion

KINGSLEY, J.

The Attorney General appeals from a judgment declaring: “In view of the Supremacy .Clause, article VI, clause 2 of the United States Constitution, Penal Code § 12021 is interpreted not to apply to any person who is the recipient of a full and unconditional presidential pardon.” We affirm the judgment.

In March of 1945, plaintiff, then 18 years old, was convicted in a federal court of a violation of section 338a of 18 United States Code (mailing threatening letters); he was granted probation. On January 18, 1961, having performed the conditions of probation, he was granted a full and unconditional pardon by the President of the United States. He has secured employment as a security-guard—a position requiring him to carry a gun. Acting on an opinion of the Attorney General of California, permission to purchase such a gun was refused. The present action for declaratory relief followed.

Section 12021 of the Penal Code reads as follows: “(a) Any person who has been convicted of a felony under the laws of the United States,

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of the State of California, or any other state, government, or country, or who is addicted to the use of any narcotic drug, who owns or who has in his possession or under his custody or control any pistol, revolver, or other firearm capable of being concealed upon the person is guilty of a public offense, and shall be punishable by imprisonment in the state prison, or in a county jail not exceeding one year or by a fine not exceeding five hundred dollars ($500), or by both.

“(b) Subdivision (a) shall not apply to a person who has been convicted of a felony under the laws of the United States unless:

“(1) Conviction of a like offense under California law can only result in imposition of felony punishment; or

“(2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both such punishments.”

We need not here concern ourselves with some issues raised by the Attorney General in his brief. It is not here seriously contended that section 12021 is not, in general, a valid exercise of the police power of the State of California or that, in its general application, it constitutes an unconstitutional classification. The sole issue here is whether that statute applies to plaintiff.