California Court of Appeal

In an action challenging a statutory scheme within the Penal Code, known as the Anti-Gang Neighborhood Protection Act, regarding the sale, display, and transfer of "handgun ammunition," judgment that declaring the challenged statutes constitutionally invalid and issuing a permanent injunction against their enforcement is affirmed, where: 1) the appropriate standard for analyzing a facial challenge to the constitutionality of a criminal statute in the context of the void-for-vagueness doctrine is whether a statute is constitutionally invalid "in the generality or great majority of cases"; 2) the statutes lack the degree of certainty required by constitutional guarantees of due process and are therefore void for vagueness; and 3) the trial court did not abuse its discretion in the partial denial of defendants' motion to tax costs.

Appellate Information

• Decided 11/06/2013
• Published 11/06/2013

Judges

• GOMES

Court

• California Court of Appeal

Counsel