People v. Lamas

Penal Code section 186.22 is a provision of the California Street Terrorism Enforcement Act of 1988, also known as the STEP Act. (186.20 et seq.) A violation of section 12031, subdivision (a)(1), is the misdemeanor offense of carrying a loaded firearm in public. Subdivision (a)(2)(C) of section 12031 elevates the offense to a felony if committed by "an active participant in a criminal street gang, as defined in subdivision (a) of section 186.22." We recently interpreted the phrase "an active participant in a criminal street gang, as defined in subdivision (a) of section 186.22" in section 12031, subdivision (a)(2)(C) to mean that "carrying a loaded firearm in public becomes a felony under section 12031(a)(2)(C) when a defendant satisfies the elements of the offense described in section 186.22(a)." (People v. Robles (2000) 23 Cal.4th 1106, 1115 (Robles), italics added.)