Both the California Legislature and California courts believe that people who suffer from drug addiction are so dangerous that they cannot be trusted to own or possess firearms. Penal Code 12021 PC, California’s “felon with a firearm” law, specifically revokes a person’s constitutional right to bear arms if that individual is addicted to any narcotic drug.
The California Court of Appeals has made it clear that it believes that “addicts” will stop at nothing in order to obtain their drugs. It states, “Addicts are dependant upon an illegal source of supply, obtainable only at an inflated price. This dependence and need increases as the addict's tolerance to the drug increases. Moreover, as the narcotics user becomes more dependent upon his drug, his ability to function normally in society decreases. The addict is thus forced to obtain the wherewithal with which to purchase drugs through criminal acts…
The Court continued to opine that the individual who is addicted is likely to “convert the possession of a gun into a crime of violence” in response to the demands of his drug habit. (People v. Washington (1965) 237 Cal.App.2d 59)
Unfortunately, this blatant bias and ignorant stereotype plague California’s justice system. This is just one reason why those who suffer from drug addiction must secure the most comprehensive legal defense possible when charged with a crime.
If arrested for Penal Code 12021 PC, California’s “felon with a firearm” law…based on an allegation that you are addicted to a narcotic…it is critical to consult with a criminal defense attorney who thoroughly understands California’s laws relating to both drug crimes and firearm offenses.