California Legal Brief

The Rule of People v. J.C. is that the firearm prohibition under Penal Code section 29820, subdivision (b), does not apply to minors adjudicated as juvenile court wards for brandishing an imitation firearm under Penal Code section 417.4, under circumstances where section 417.4 is not among the statutorily enumerated offenses in section 29805 that trigger the firearm ban.

Appeal from order adjudicating wardship and imposing probation conditions in Contra Costa County Superior Court.

Defendant Appellant was J.C. — a 16-year-old minor who pleaded no contest to attempted grand theft from the person and brandishing an imitation firearm.

Plaintiff Respondent was The People — the prosecuting authority in the juvenile wardship proceeding.

The suit sounded in juvenile wardship under Welfare and Institutions Code section 602. No cross-claims were applicable.

The key substantive facts leading to the suit were J.C. approached a victim at an ATM machine, asked how much money she had withdrawn, displayed what appeared to be a gun (actually a replica firearm), causing the victim to flee. Police found J.C. running through a parking lot and recovered a replica firearm from nearby bushes.

The procedural result leading to the Appeal: The trial court imposed a firearm prohibition until age 30 as a probation condition under Penal Code section 29820, subdivision (b), ruling that the legislative intent supported applying the ban to section 417.4 offenses despite the statute not being enumerated in section 29805's list of qualifying offenses.

The key questions on Appeal: 1. Whether the juvenile court exceeded its authority in imposing the firearm ban for a section 417.4 offense not enumerated in section 29805. 2. Whether remand is necessary for a Manzy W. determination regarding the wobbler offense. 3. Whether punishment should have been stayed under section 654 for multiple offenses based on a single act.

The Appellate Court held the firearm ban must be vacated because the plain language and legislative history of sections 29805 and 29820 do not contemplate that a section 417.4 offense triggers the ban, and remand is necessary for the juvenile court to make a required Manzy W. determination regarding the wobbler offense.

The case is inapplicable when the minor's offense is among the statutorily enumerated offenses in section 29805, or when the brandishing involves an actual firearm or deadly weapon under section 417 rather than an imitation firearm under section 417.4.

The case leaves open whether the firearm ban applies to other offenses in the 417.x series that are not enumerated in section 29805, and does not resolve questions about other circumstances where section 417.4 might also constitute a violation of section 417.