P. v. Odell
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A jury convicted Defendant of being a felon in possession of a gun. The jury also convicted him of second-degree murder, finding he had personally and intentionally discharged a gun causing death. On appeal, Defendant claimed that the felon-in-possession law violates the Second Amendment.
The Second Appellate District rejected Defendant's argument. Relying on dicta from various opinions, including District of Columbia v. Heller (2008) 554 U.S. 592, the court found that all constitutional rights have limits and the Second Amendment right to bear arms is not offended by a statute prohibiting individuals who have been convicted of felony offenses from possessing a firearm. The court also rejected Defendant's jury instruction claims.
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