Is a probation condition that prohibits the possession of a firearm for mental health reasons unconstitutionally vague?
California, United States of America
The following excerpt is from People v. Henderson, A140591 (Cal. App. 2014):
as the statutes it implements. The mental element is constitutionally clear without being explicit." (Rodriguez, supra, 222 Cal.App.4th at p. 592.) Likewise, in People v. Moore, supra, 211 Cal.App.4th at page 1189, the court concluded that a probation condition prohibiting firearm possession similar to the one here was not unconstitutionally vague and did not require modification.
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