NCJ Number
56846
Journal
Journal of Criminal Law and Criminology Volume: 70 Issue: 1 Dated: (SPRING 1979) Pages: 73-76
Date Published
1979
Length
4 pages
Annotation
THIS NOTE REVIEWS THE CASES OF PEOPLE V. KING AND PEOPLE V. EVANS WHICH DEFINED CALIFORNIA'S LEGAL STANCE ABOUT THE USE OF HANDGUNS BY EX-FELONS. EX-FELONS ARE FORBIDDEN TO CARRY THEM, MAY USE THEM IN SELF DEFENSE.
Abstract
IN PEOPLE V. KING THE DEFENDANT, KING, AN EX-FELON, WAS A GUEST AT A PARTY. A GROUP OF UNRULY MEN CRASHED THE PARTY AND PHYSICALLY THREATENED THE GUESTS, INCLUDING ONE WHO WAS IN A WHEELCHAIR. THE POLICE WERE CALLED REPEATEDLY BUT DID NOT RESPOND. A WOMAN GUEST GAVE KING A HANDGUN AND HE SHOT IT IN THE AIR TO SCARE OFF THE INTRUDERS. HE WAS CHARGED WITH ILLEGAL POSSESSION OF A CONCEALABLE FIREARM AND FOUND GUILTY. THE TRIAL COURT MAINTAINED THAT SECTON 12021 OF THE CALIFORNIA CODE FORBIDS THE POSSESSION OF HANDGUNS BY EX-FELONS UNDER ALL CIRCUMSTANCES. THE CALIFORNIA SUPREME COURT OVERTURNED THE CONVICTION, STATING: 'IT WOULD BE UNREASONABLE AND WOULD LEAD TO ABSURD RESULTS TO CONSTRUE SECTON 12021 AS PERMITTING THE USE OF A SHOTGUN, BUT PROSCRIBING THE USE OF A SMALL CALIBER PISTOL IN SELF-DEFENSE, THUS FORCING THE FELON TO USE ONLY A WEAPON CAPABLE OF INFLICTING GREATER INJURY IF HE IS FORCED BY CIRCUMSTANCES TO USE DEADLY FORCE IN SELF-DEFENSE.' IN EVANS THE DEFENDANT, A TAXI CAB DISPATCHER, USED A GUN HE KEPT IN A DESK DRAWER TO SHOOT A CAB DRIVER. THE CALIFORNIA SUPREME COURT HELD IN THIS CASE THAT EVANS HAD ARMED HIMSELF PRIOR TO THE INCIDENT IN VIOLATION OF SECTION 12021. THE CONVICTION WAS UPHELD. BOTH CASES ARE BRIEFLY DISCUSSED. FOOTNOTES GIVE CASE CITATIONS. (GLR)