Is a probation condition requiring a person to possess a firearm for the rest of his life enforceable?

California, United States of America


The following excerpt is from People v. Roberts, H040091 (Cal. App. 2015):

In People v. Kim (2011) 193 Cal.App.4th 836, a probation condition provided: "You shall not own, possess, have within your custody or control any firearm or ammunition for the rest of your life under Section[s] 12021 and 12316 [, subdivision] (b)(1) of the Penal Code." (Id. at p. 840.) As this court explained, "where a probation condition implements statutory provisions that apply to the probationer independent of the condition and does not infringe on a constitutional right, it is not necessary to include in the condition an express scienter requirement that is necessarily implied in the statute." (Id. at p. 843.) We concluded that the statutorily proscribed conduct was "coextensive with that prohibited by a probation condition specifically implementing those statutes" and "[a]s the statutes include an implicit knowledge requirement, the probation condition need not be modified to add an explicit knowledge requirement." (Id. at p. 847.)

Other Questions


Can a probation condition prohibiting possession of firearms or ammunition be changed to prohibit possession of a firearm without a knowledge requirement? (California, United States of America)
Does a probation condition that imposes limitations on a person's constitutional rights need to be closely tailored to the purpose of the probation condition? (California, United States of America)
Is a section of the California Probation Code that prohibits the possession of a firearm and a quantity of illegal drugs sufficient to cause a violation of a probation condition? (California, United States of America)
Is a probation condition of probation valid if it prohibits a defendant from engaging in sexual acts while on probation that is not in itself criminal? (California, United States of America)
Is a challenged probation condition that prohibits a defendant from breaching the terms and conditions of probation unconstitutional? (California, United States of America)
Is a probation condition that prohibits the possession of a firearm for mental health reasons unconstitutionally vague? (California, United States of America)
Can a probation order that a defendant stay off welfare by getting and keeping a job as a condition of probation be enforceable? (California, United States of America)
Can a felon in possession of a firearm be punished separately for the possession and the crime in which the felon used the firearm? (California, United States of America)
What is the effect of a probation condition that requires a defendant to follow any reasonable instruction given by her supervising probation officer? (California, United States of America)
Does the word "adjacent" in the California Penal Code apply to a probation condition that prohibits the possession of a firearm within or adjacent to a prison? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.