In Re David S.

David S. appeals the dispositional order that prohibits him, as a condition of probation, from possessing any weapons and notifies the California Department of Justice of this prohibition. He contends the juvenile court erred in concluding the weapon prohibition condition was statutorily mandated by the offense he admitted: battery on a school employee, Penal Code section 243.6.

BACKGROUND

After appellant admitted two misdemeanors alleged in an amended petition (Welf. & Inst. Code, § 602), battery against a school employee (§ 243.6) and carrying a switchblade knife (§ 653k), he was adjudged a ward of the court and ordered to comply with conditions of juvenile probation. One condition was that he not possess any weapons.

At a subsequent disposition proceeding, appellant sought a modification of the weapon prohibition in order to lawfully carry a gun when he went hunting with his family. The People opposed the modification, arguing that the weapon prohibition was mandated by section 12021, subdivision (e), which prohibits a juvenile who has committed any of the offenses enumerated in the statute from possessing a firearm until age 30. They argued that even though section…