People v. Garcia CA2/6

DISCUSSION

Section 29900(a)(1) Constitutionality Appellant contends Bruen requires reversing his conviction under section 29900(a)(1), which prohibits individuals previously

3 convicted of certain violent offenses from possessing or owning firearms.2 We disagree. “A facial challenge to the constitutional validity of a statute or ordinance considers only the text of the measure itself, not its application to the particular circumstances of an individual.” (Tobe v. City of Santa Ana (1995) 9 Cal.4th 1069, 1084.) “The interpretation of a statute and the determination of its constitutionality are questions of law. In such cases, appellate courts apply a de novo standard of review.” (People v. Health Laboratories of North America, Inc. (2001) 87 Cal.App.4th 442, 445.) A facial constitutional challenge may be raised for the first time on appeal. (In re Sheena K. (2007) 40 Cal.4th 875, 887-889.) “‘To support a determination of facial unconstitutionality, voiding the statute as a whole, petitioners cannot prevail by suggesting that in some future hypothetical situation constitutional problems may possibly arise as to the particular application of the statute. . . .’” (Arcadia Unified…