People v. Marley CA3

DISCUSSION

Because of her conviction for misdemeanor domestic violence, defendant is prohibited by statute3 from owning or possessing firearms and ammunition for the rest of

Although charged as a felony, the offense is a “wobbler,” punishable either as a felony or as a misdemeanor. (People v. Villalba (2023) 89 Cal.App.5th 659, 667.) Section 29805, subdivision (b) provides: “Any person who is convicted, on or after January 1, 2019, of a misdemeanor violation of Section 273.5, and who subsequently owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.”

2 her life. Defendant contends, however, that this statutory restriction is unconstitutional because it facially violates the Second Amendment.4 The standard for a facial constitutional challenge to a statute is exacting. To prevail on a facial attack, it is not sufficient to show that there could be instances in which the application of the law might improperly impinge…