In re Devin C. CA4/1

DISCUSSION

A. Validity of Probation Condition that Devin Not Possess a Weapon

At the disposition hearing, the court imposed on Devin the following condition of

probation: "The minor shall not use, possess, transport, sell or have in or under his[]

control any firearm, replica, ammunition or other weapon, including a knife, any

explosive, or any item intended for use as a weapon, including hunting rifles or

shotguns." Devin contends this "weapons" condition is constitutionally invalid for lack

of a scienter requirement.

This issue was recently addressed in People v. Moore (2012) 211 Cal.App.4th

1179. There, the defendant was convicted for attempted second degree robbery and

misdemeanor vandalism. At sentencing, the court imposed a variety of probation

3 conditions, including a condition similar to the one at issue here that provided: "Do not

own, use, or possess any dangerous or deadly weapons, including firearms, knives, and

other concealable weapons." (Id. at p. 1183.) Like Devin in our case, the defendant in

People v. Moore contended that this probation condition was unconstitutionally vague

because it lacked an express knowledge requirement. (See ibid.)

Because…