California Attorney General Rob Bonta, alongside a coalition of 22 attorneys general, has filed a brief with the U.S. Court of Appeals for the Ninth Circuit. The brief supports the federal law 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms. This legal action is part of the case United States v. Duarte, which questions whether this federal law infringes on Second Amendment rights.
The defendant, Duarte, had previously been convicted of five separate California felonies before being arrested for unlawful gun possession under federal law. "It is commonsense that felons should not own nor have access to firearms," stated Attorney General Bonta. He emphasized the importance of states maintaining their ability to prevent individuals who have violated felony laws from accessing weapons.
Duarte was initially found guilty in the Central District of California for violating § 922(g)(1) after discarding a handgun while under police surveillance. However, his conviction was overturned by a three-judge panel, which ruled that barring him from firearm ownership violated his Second Amendment rights. The panel characterized Duarte as a "nonviolent" offender due to his prior convictions for nonviolent offenses such as being a felon in possession of a firearm and possession of a controlled substance.
The brief argues against overturning these longstanding laws on an individual basis and references historical precedents where persons convicted of serious but nonviolent offenses were dispossessed of firearms. Nearly all states have restrictions preventing felons from owning guns.
A copy of the brief is available for public viewing.