Is section 1170.18, subdivision (k) of the California Criminal Code applicable to the possession of firearms by felons?

Appellant incorrectly relies on the liberty interest at issue in civil commitments to argue that section 1170.18, subdivision (k) must be subject to strict scrutiny. Penal and civil commitment statutes are treated differently for purposes of equal protection analysis. (See People v. McKee, supra, 47 Cal.4th at p. 1204.) Nor does the right to bear arms under the Second Amendment change the analysis since the Second Amendment permits "'presumptively lawful regulatory measures, . . .' including 'longstanding prohibitions on the possession of firearms by felons[ ] [citation]'" and logically also allows such prohibitions on the possession of firearms by misdemeanants. (People v. Flores (2008) 169 Cal.App.4th 568, 574, quoting District of Columbia v. Heller (2008) 554 U.S. 570, 626-627 & fn. 26.)