(Super. Ct. No. 10F00924)
The opinion of the court was delivered by: Mauro, J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Carl Edward Meyer, Jr., pleaded no contest to transporting or importing an assault weapon in violation of Penal Code section 12280, subdivision (a)(1), which is part of the Roberti-Roos Assault Weapons Control Act of 1989 (Stats. 1989, ch. 19, § 3, p. 67) (the Act). Defendant contends on appeal that Penal Code section 12280, subdivision (a)(1) violates the Second Amendment to the United States Constitution, and that it also violates his right to equal protection under the United States and California Constitutions.
We conclude that transporting or importing assault weapons into California is not protected by the Second Amendment, and that defendant is prohibited from asserting an equal protection challenge on appeal because he failed to request or obtain a certificate of probable cause on that issue. We will affirm the judgment.
According to his briefing, defendant came to California from Nevada to attend McGeorge School of Law in Sacramento. He conceded in the trial court that he brought an AK-47 assault weapon with him.
The Sacramento County District Attorney filed a criminal complaint against defendant, alleging in count one that defendant committed a felony violation of Penal Code section 12280, subdivision (a)(1), transporting or importing into California an AK-47 assault weapon.*fn1 Counts two through four alleged additional violations of section 12280, subdivision (a)(1) regarding other assault weapons, and count five alleged a violation of section 12020, subdivision (a)(3), unlawfully carrying and concealing upon his person 13 large capacity magazines.
Defendant pleaded no contest to count one with the understanding that no immediate state prison time would be imposed. The trial court placed defendant on probation for four years with 180 days in county jail, and dismissed the remaining counts.
Defendant contends that section 12280, subdivision (a)(1) violates the Second Amendment. "One who seeks to raise a constitutional question must show that his rights are affected injuriously by the law which he attacks and that he is actually aggrieved by its operation." (People v. Black (1941) 45 Cal.App.2d 87, 96.) "All presumptions and intendments favor the validity of a statute and mere doubt does not afford sufficient reason for a judicial declaration of invalidity. Statutes must be upheld unless their unconstitutionality clearly, positively and unmistakably appears." (Lockheed Aircraft Corp. v. Superior Court (1946) 28 Cal.2d ...