People v. Dubose

Opinion

DRAPER, P. J.

One who has been convicted of a felony is guilty of a crime if he possesses a firearm capable of concealment upon the person (Pen. Code, § 12021). Found guilty by a jury of this offense, defendant was sentenced to state prison. He appeals. Appellant contends that the statute is unconstitutional. The issue was settled adversely to his contention in 1925

(People

v.

James,

71 Cal.App. 374 [235 P. 81] (hg. den.)) and has not been directly passed upon since then.

Appellant contends that modern developments in application of the equal rights provision and the due process requirement have vitiated the rationale underlying

James.

We cannot agree. “It is long since settled in this state that regulation of firearms is a proper police function”

(Galvan

v.

Superior Court,

70 Cal.2d 851, 866 [76 Cal.Rptr. 642, 452 P.2d 930]). Restrictions upon possession of such weapons transgress no fundamental right

(United States

v.

Weatherford

(7th Cir. 1972) 471 F.2d 47, 52, cert. den., 411 U.S. 972 [36 L.Ed.2d 695, 93 S.Ct. 2144]).

Grouping of ex-felons as a class does not involve a suspect category

(Marshall

v.

United States,

414 U.S. 417 [38 L.Ed.2d 618, 94 S.Ct. 700];

[850]

United States