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View Full Version : Close friend arrested for 422, questions..


leitung
02-06-2011, 8:41 PM
Not to get into the details of the case, but close friend and gun owner was arrested for 422pc, he had a gun in his trunk at the time of arrest. He is currently out on 25,000 bail and still has several guns in his posession. Does he need to dispose of those weapons right now or can he keep them until his case is settled? He is convinced of his ability to win as the "victim" is even on his side. I also believe that he is innocent as he has never been in trouble with the law before and is not the type of person to do such a thing. Thanks

anthonyca
02-06-2011, 8:49 PM
If the "victim" is on his side, why was he arrested? Is this a domestic situation?

Lone_Gunman
02-06-2011, 8:50 PM
What exactly is 422 PC? Not a lot of us have a copy we carry around.

mrvash
02-06-2011, 8:52 PM
What exactly is 422 PC? Not a lot of us have a copy we carry around.

If the "victim" is on his side, why was he arrested? Is this a domestic situation?

^This

thempopresense
02-06-2011, 8:52 PM
What exactly is 422 PC? Not a lot of us have a copy we carry around.

Great site, Bookmark it

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=pen&codebody=422&hits=20

Outta Control
02-06-2011, 8:53 PM
California Penal Code 422

Section 422 of the California Penal Code makes it illegal to make criminal threats (formerly called " terrorist threats"). A criminal threat under California law is a threat of immediate harm made to another person when the defendant intends to, and does, cause fear in the person threatened.

The punishment or penalty for criminal threats in California is up to three years state prison. Criminal threats is also now considered a strike under California's three strikes law.

Joe
02-06-2011, 8:53 PM
He needs to contact a lawyer immediately. That's a serious charge.

bsim
02-06-2011, 8:54 PM
CA PC 422:...

Tripper
02-06-2011, 8:57 PM
422 is basically, threatening harm to another (great bodily harm or death i think).
If the Arresting agency didnt tell you that you have x number of hours to get rid of any guns, or if you havent been ordered otherwise to do so, dont worry about it. with that, make sure you havent been told that anywhere. ask the bailbondsman if you need to worry about guns, they probably have an idea, it might be safe to give any firearms to someone for safe keeping, just to be on the safe side. ask the arresting agency. I cant think of an absolute that says the 422 charge means give up firearms without some other circumstances being involved. not to say it doesnt happen, I just cant think of it occurring on just the 422.

Tripper
I'm not a lawyer, I just like to argue

Blackhawk556
02-06-2011, 9:03 PM
^^Tripper, aren't you LEO?

Tripper
02-06-2011, 9:08 PM
Nope.

Tripper
Not LEO, Just have a good grasp of PC
Not a Lawyer, Just like to argue
it would all make sense if you knew me

Tripper
02-06-2011, 9:13 PM
alot of my arguing is with LEO's
then again I argue with a few others as well
We like to call it Debates
Mondays are always good, then Fridays are good too

Tripper

Dutch3
02-06-2011, 9:15 PM
Section 422 of the California Penal Code makes it illegal to make criminal threats (formerly called " terrorist threats"). A criminal threat under California law is a threat of immediate harm made to another person when the defendant intends to, and does, cause fear in the person threatened.


That sounds like the definition of simple assault as it was explained to me years ago.

Fjold
02-06-2011, 9:15 PM
It's sense, not since. Your last sentence doesn't make sense.

:D

BillCA
02-06-2011, 9:17 PM
PC 422 is referred to as making "terroristic threats".
Given that his bail was so high, I'm guessing the PD filed the charges as a felony. He should be consulting with a lawyer ASAP.

It might be a very good idea for him to find someone to hold his firearms in an "escrow" situation. That is, a contractual agreement to hold his firearms until he can show charges are dismissed/dropped/discharged or your friend tells him to sell them off to pay for his lawyer losing the case.

The down side is that the law does not have any excuseable clauses, to cover utterances against someone who is/has/is about to attack you (or is annoying, harrassing, stalking).

Tripper
02-06-2011, 9:20 PM
which reminds me
422, doesnt require actual intent of doing harm, simply the threat of doing so, even if you dont have the means to carry out the threat
for example, "I'm gonna drive a mac truck over you"
is a threat of great bodily harm or even death, even if there is no way in the world you would be able to obtain a mac truck. thats just an example.
oh, and 422, is 'up to one year', according to the PC
and yes, look at that leginfo site quoted above

Tripper

Veggie
02-06-2011, 9:20 PM
This sounds like one of the charges that must be filed BY the victim.

Tripper
02-06-2011, 9:28 PM
for a 422 to have been 25K, something else was likely involved, like the firearm for instance. if a firearm was part of the threat, and the firearm was found for example.
firearm involved automatically adds 5k to the bail where i'm from.
get a lawyer, is probably the best thing, and tell them that you have already relocated any guns out of your immediate possession. (once you do so anyways). again might just be safe to do so.
and, when I say you i mean him in all the references

Tripper

vmwerks
02-06-2011, 9:30 PM
You'll not get an answer here - he needs a good attorney

Tripper
02-06-2011, 9:30 PM
@BillCA
I like the escrow idea, I hadnt thought of that. Sounds feasible. I wonder who you would call for something like that
I'd bet some bailbondsmen would like to get in on that kind of action now that I think of who would 'want' to do that.

Tripper

johnthomas
02-06-2011, 9:41 PM
Quick way to secure the weapons is transfer them to Mom or Dad.
Modern handgun transfer require HSC. !9 dollars each gun to DOJ and must be stored where he cannot get to them. If he is going to rely on a court appointed attorney, he may as well sell them now.

Librarian
02-06-2011, 9:45 PM
Quick way to secure the weapons is transfer them to Mom or Dad.
Modern handgun transfer require HSC. !9 dollars each gun to DOJ

Not to transfer to Mom or Dad - that's intrafamilial and it's $19 for all the handguns as a group, not $19 each.

Tripper
02-06-2011, 9:48 PM
Usually the need to get rid of firearms is quite noticeable.
I'm quite certain he would know it if he was required to relocate his firearms.
I was thinking more along the lines of safe storage, as in loan them to someone he can trust with them, and loan for the legally allowed time.

Tripper

QQQ
02-06-2011, 9:51 PM
alot of my arguing is with LEO's
then again I argue with a few others as well
We like to call it Debates
Mondays are always good, then Fridays are good too

Tripper

You crack me up, Tripper.

But yeah, your friend needs to read through the relevant PC and talk to his lawyer. Preferably one who knows a lot about gun laws.

I'm also going to interject here and say that a lot of "prohibited persons" crimes are ridiculous and the system should be thrown out.

JeepFreak
02-06-2011, 9:56 PM
What exactly is 422 PC? Not a lot of us have a copy we carry around.

Great site, Bookmark it

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=pen&codebody=422&hits=20

I prefer the mobile version :D
http://pockettopics.com/california-penal-code/http://pockettopics.com/california-penal-code/
Billy

Tripper
02-06-2011, 9:59 PM
@q
I wasnt trying to be funny

Tripper

Tripper
02-06-2011, 10:08 PM
I kinda go first with what 'feels like the right thing to do' then i go look it up to see if it was also the legal thing to do.
needless to say, I'm a bit off at times, and it usually results in good debates, in the right circles.
not sure where I get the idea that if I do whats 'right', everything else shouldnt matter.

Tripper

mlittle
02-06-2011, 11:13 PM
I prefer the mobile version :D
http://pockettopics.com/california-penal-code/http://pockettopics.com/california-penal-code/
Billy

Thanks for the plug on my software, Billy. I hope it's working out for you. Please drop me a line if there is anything I can do to improve it. Oh, and by the way, I live in California as well and am an avid gun owner and gun rights advocate. Love the web site and am glad I joined today.

Mike

fonso
02-07-2011, 12:08 PM
If he is going to rely on a court appointed attorney, he may as well sell them now.

IANAL, but the defendant has the right to demand an attorney who is competent to defend the defendant against the charges against the defendant, and who has defended someone against the same charges.

Just because the defendant is unable to afford to pay for an attorney does not mean that the defendant shall be placed at a disadvantage in the matter by the appointment of ineffective counsel.

I, personally, did this once and I had the right to approve the attorney the court desired to appoint to act on my behalf (which I refused to allow). The attorney was appointed by the court as my "advisor" due to the fact that I was acting [I]in propria persona[I].

I would also add that I prevailed in the matter.

JeepFreak
02-07-2011, 2:15 PM
Thanks for the plug on my software, Billy. I hope it's working out for you. Please drop me a line if there is anything I can do to improve it. Oh, and by the way, I live in California as well and am an avid gun owner and gun rights advocate. Love the web site and am glad I joined today.

Mike

Seriously? That's awesome! I just found it yesterday and bought it on the spot! I'm very happy with it so far. I'm sure it will come in handy.
Billy

mlittle
02-07-2011, 8:41 PM
Seriously? That's awesome! I just found it yesterday and bought it on the spot! I'm very happy with it so far. I'm sure it will come in handy.
Billy

Yes. I saw the post on a google search and thought I should thank you for the post.

ojisan
02-07-2011, 9:09 PM
@q
I wasnt trying to be funny

Tripper

But you were!
Nobody's laughing at you.
We are laughing with you.
Now, let's debate this distinction.
It is Monday, after all.
:D