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RichieBacon
11-30-2013, 10:22 PM
If someone legally bought and registered a handgun, and was charged with a misdemeanor that did not involve the handgun, what would happen? I am pretty sure that the firearm would be confiscated but would there be any additional charges?

For example, let's say someone (who has a registered handgun at home) was pulled over by police and the officer found marijuana in the car. I am 100% sure that if it is their first offense and it is below 28.5 grams without intent to sell, that it would be an infraction, similar to running a red light. But lets say it was over 28.5 grams, turning into a misdemeanor charge, would this person also be charged with something like illegally owning a handgun? or would the gun be confiscated after the drug charge? and what if it was below 28.5 grams, turning the charge into an infraction?

I would be interested in hearing from a police officer or someone with experience dealing with this, if possible.

ElvenSoul
11-30-2013, 10:24 PM
APP will save you

SFOGUN
11-30-2013, 10:51 PM
In CA, You can own handguns with a misdemeanor on your record. Its when you have a Felony you lose your privilege of owning firearms. Cops won't take your gun if the gun was not used in whatever action got the police involved in the 1st place. If you got arrested at home and the gun was found during the search... the police would probably confiscate but then have to release the firearm back to you once proven that A) You have registered it, and B) Wasn't used in crime .

riderr
11-30-2013, 11:03 PM
If someone legally bought and registered a handgun, and was charged with a misdemeanor that did not involve the handgun, what would happen? I am pretty sure that the firearm would be confiscated but would there be any additional charges?

For example, let's say someone (who has a registered handgun at home) was pulled over by police and the officer found marijuana in the car. I am 100% sure that if it is their first offense and it is below 28.5 grams without intent to sell, that it would be an infraction, similar to running a red light. But lets say it was over 28.5 grams, turning into a misdemeanor charge, would this person also be charged with something like illegally owning a handgun? or would the gun be confiscated after the drug charge? and what if it was below 28.5 grams, turning the charge into an infraction?

I would be interested in hearing from a police officer or someone with experience dealing with this, if possible.

Not a police officer or lawyer, but ...
Federal law (18 U.S.C. 922[g][1-9]) prohibits certain individuals from possessing firearms,
ammunition, or explosives. The penalty for violating this law is ten years imprisonment and/or a
$250,000 fine. Further, 18 U.S.C. 3565(b)(2) (probation) and 3583(g)(2) (supervised release)
makes it mandatory for the Court to revoke supervision for possession of a firearm.
Specifically, 18 U.S.C. 922(g)(1-9) prohibits the following from possessing, shipping/
transporting, or receiving any firearm or ammunition:
....
(3) a person who is an unlawful user of or who is addicted to a controlled substance;

johnthomas
11-30-2013, 11:17 PM
Here you go.

In California, it is unlawful for any person convicted of one or more of the following misdemeanors to own, purchase, receive, possess, or have in his or her custody or control, any firearm within ten years of the conviction (Penal Code section 29805):

Threatening public officers/employees and school officials. Penal Code 71.
Threatening certain public officials, appointees, judges, staff, or their immediate families. Penal Code 76.
Preventing or dissuading a victim or witness from giving testimony, contacting law enforcement, or assisting with prosecution. Penal Code 136.1
Having a deadly weapon with the intent to use the weapon to prevent or dissuade a victim or witness from giving testimony, contacting law enforcement, or assisting with prosecution. Penal Code 136.5
Threatening or using force on witnesses, victims, or informants. Penal Code 140.
Removing or attempting to remove a firearm from an officer who is performing his or her lawful duties. Penal Code 148(d).
Unauthorized possession of a weapon in a state or local public building. Penal Code 171(b).
Possessing a loaded firearm within the state capitol, legislative offices, and Governor's offices. Penal Code 171(c).
Possessing a loaded firearm within the Governor's mansion or residence or other constitutional office. Penal Code 171(d).
Supplying a firearm knowing the firearm will be used to commit a felony. Penal Code 186.28.
Assault. Penal Code 240, 241.
Battery. Penal Code 242, 243.
Unlawful touching of a person who is unlawfully restrained. Penal Code 243.4.
Assault with a stun gun or taser weapon. Penal Code 244.5.
Assault with a deadly weapon or force likely to cause great bodily injury. Penal Code 245.
Assault with a deadly weapon or instrument, stun gun, or taser weapon, or by any means likely to produce great bodily injury, on a school employee engaged in the performance of duties. Penal Code 245.5.
Discharging a firearm in a grossly negligent manner. Penal Code 246.3.
Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house. Penal Code 247.
Willful infliction of corporal injury on a current or former spouse, current or former cohabitant, or mother or father of defendant's child. Penal Code 273.5.
Intentional and knowing violation of a protective order. Penal Code 273.6.
Drawing or exhibiting any deadly weapon, including a firearm, in a rude, angry, or threatening manner, or unlawfully using a firearm in a fight or quarrel. Penal Code 417.
Drawing or exhibiting a firearm or other deadly weapon with the intentional infliction of serious bodily injury. Penal Code 417.6.
Threatening to cause death or great bodily injury to another person. Penal Code 422.
Possessing a firearm in a school zone. Penal Code 626.9.
Stalking. Penal Code 646.9.
Carrying a loaded firearm with the intent to commit a felony. Penal Code 12023.
Possessing a deadly weapon with intent to commit an assault. Penal Code 12024.
Driving or owning a vehicle and knowingly permitting another person to discharge a firearm from the vehicle, or any person who willfully and maliciously discharges a firearm from a motor vehicle. Penal Code 12034(b), (d).
Criminal possession of a firearm. Penal Code 12040.
Selling a concealable firearm to someone under 21 or a minor. Penal Code 12072(b).
Possessing or knowingly transporting a machine gun. Penal Code 12220.
Possessing handgun ammunition designed to penetrate metal or armor. Penal Code 12320.
Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while engaged in picketing or other informational activities in a public place related to a refusal to work. Penal Code 12590.
Possession of a firearm by a person ineligible to possess firearms because of his or her mental history. Welf & I Code 8100.
Providing a firearm or deadly weapon to a person who is prohibited from possessing firearms because of his or her mental history. Welf & I Code 8101.
Possession of a firearm by a person ineligible to possess a firearm because of specific mental prohibitions. Welf & I Code 8103.
Bringing or sending firearms or other contraband into a juvenile detention facility. Welf & I Code 871.5.
Bringing or sending firearms or other contraband into youth authority institutions. Welf & I Code 1001.5. A licensed gun collector failing to report the out-of-state purchase of a relic pistol or other relic firearm capable of being concealed. Penal Code 12072(3)(g).

This was from 2012. I don't know if there are others or if 2013 gave us more.

RickD427
11-30-2013, 11:18 PM
If someone legally bought and registered a handgun, and was charged with a misdemeanor that did not involve the handgun, what would happen? I am pretty sure that the firearm would be confiscated but would there be any additional charges?

For example, let's say someone (who has a registered handgun at home) was pulled over by police and the officer found marijuana in the car. I am 100% sure that if it is their first offense and it is below 28.5 grams without intent to sell, that it would be an infraction, similar to running a red light. But lets say it was over 28.5 grams, turning into a misdemeanor charge, would this person also be charged with something like illegally owning a handgun? or would the gun be confiscated after the drug charge? and what if it was below 28.5 grams, turning the charge into an infraction?

I would be interested in hearing from a police officer or someone with experience dealing with this, if possible.

Realistically, the most likely outcome of your hypothetical is that you would get a citation for the marijuana and there would be no action taken relative to the handgun.

However you should be aware that it is a federal felony, with a five year prison penalty, to possess a firearm or ammunition while being a user of a controlled substance. Marijuana is a controlled substance for the purpose of this section (even with a medical card, and in the two states that have removed state laws prohibiting possession.) Please refer to 18 USC 922.

ElvenSoul
11-30-2013, 11:21 PM
Search this site for armed prohibited persons (apps)

The special and beloved late night door kicking gestapo unit

Rumor is they are being sicked on marijuanna medical card holders

RichieBacon
11-30-2013, 11:45 PM
Not a police officer or lawyer, but ...
Federal law (18 U.S.C. 922[g][1-9]) prohibits certain individuals from possessing firearms,
ammunition, or explosives. The penalty for violating this law is ten years imprisonment and/or a
$250,000 fine. Further, 18 U.S.C. 3565(b)(2) (probation) and 3583(g)(2) (supervised release)
makes it mandatory for the Court to revoke supervision for possession of a firearm.
Specifically, 18 U.S.C. 922(g)(1-9) prohibits the following from possessing, shipping/
transporting, or receiving any firearm or ammunition:
....
(3) a person who is an unlawful user of or who is addicted to a controlled substance;


I heard about this law, but have you ever been in this situation similar to what i described? I ask because the police might not legally be allowed to check if someone is a registered gun owner if the charge does not involve the gun.

riderr
11-30-2013, 11:58 PM
I heard about this law, but have you ever been in this situation similar to what i described? I ask because the police might not legally be allowed to check if someone is a registered gun owner if the charge does not involve the gun.

JB funded the weapon confiscation program from those who possess illegally in CA.

http://www.npr.org/2013/08/20/213546439/one-by-one-california-agents-track-down-illegally-owned-guns

GuillermoAntonio
12-01-2013, 8:00 AM
Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house. Penal Code 247.



Oh dammm. And ive been looking forward for that rare chance to go to the desert and shoot a junked car (one of those several people pay for to shoot at) .
I guess thats not gonna happen for me, at least in this state...

RickD427
12-01-2013, 8:08 AM
I heard about this law, but have you ever been in this situation similar to what i described? I ask because the police might not legally be allowed to check if someone is a registered gun owner if the charge does not involve the gun.

LEOs have access to the Automated Firearms Registry. The only restriction on access is that it be for an official purpose only. Beyond that, officers do not need a reason to query the system to determine if a person is a gun owner.

But, in the situation you described in your original posting, officers would have plenty of reason to do so in order to determine if an 18 USC 922 violation were present.

Che762x39
12-01-2013, 9:06 AM
Here you go.

In California, it is unlawful for any person convicted of one or more of the following misdemeanors to own, purchase, receive, possess, or have in his or her custody or control, any firearm within ten years of the conviction (Penal Code section 29805):

Threatening public officers/employees and school officials. Penal Code 71.
Threatening certain public officials, appointees, judges, staff, or their immediate families. Penal Code 76.
Preventing or dissuading a victim or witness from giving testimony, contacting law enforcement, or assisting with prosecution. Penal Code 136.1
Having a deadly weapon with the intent to use the weapon to prevent or dissuade a victim or witness from giving testimony, contacting law enforcement, or assisting with prosecution. Penal Code 136.5
Threatening or using force on witnesses, victims, or informants. Penal Code 140.
Removing or attempting to remove a firearm from an officer who is performing his or her lawful duties. Penal Code 148(d).
Unauthorized possession of a weapon in a state or local public building. Penal Code 171(b).
Possessing a loaded firearm within the state capitol, legislative offices, and Governor's offices. Penal Code 171(c).
Possessing a loaded firearm within the Governor's mansion or residence or other constitutional office. Penal Code 171(d).
Supplying a firearm knowing the firearm will be used to commit a felony. Penal Code 186.28.
Assault. Penal Code 240, 241.
Battery. Penal Code 242, 243.
Unlawful touching of a person who is unlawfully restrained. Penal Code 243.4.
Assault with a stun gun or taser weapon. Penal Code 244.5.
Assault with a deadly weapon or force likely to cause great bodily injury. Penal Code 245.
Assault with a deadly weapon or instrument, stun gun, or taser weapon, or by any means likely to produce great bodily injury, on a school employee engaged in the performance of duties. Penal Code 245.5.
Discharging a firearm in a grossly negligent manner. Penal Code 246.3.
Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house. Penal Code 247.
Willful infliction of corporal injury on a current or former spouse, current or former cohabitant, or mother or father of defendant's child. Penal Code 273.5.
Intentional and knowing violation of a protective order. Penal Code 273.6.
Drawing or exhibiting any deadly weapon, including a firearm, in a rude, angry, or threatening manner, or unlawfully using a firearm in a fight or quarrel. Penal Code 417.
Drawing or exhibiting a firearm or other deadly weapon with the intentional infliction of serious bodily injury. Penal Code 417.6.
Threatening to cause death or great bodily injury to another person. Penal Code 422.
Possessing a firearm in a school zone. Penal Code 626.9.
Stalking. Penal Code 646.9.
Carrying a loaded firearm with the intent to commit a felony. Penal Code 12023.
Possessing a deadly weapon with intent to commit an assault. Penal Code 12024.
Driving or owning a vehicle and knowingly permitting another person to discharge a firearm from the vehicle, or any person who willfully and maliciously discharges a firearm from a motor vehicle. Penal Code 12034(b), (d).
Criminal possession of a firearm. Penal Code 12040.
Selling a concealable firearm to someone under 21 or a minor. Penal Code 12072(b).
Possessing or knowingly transporting a machine gun. Penal Code 12220.
Possessing handgun ammunition designed to penetrate metal or armor. Penal Code 12320.
Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while engaged in picketing or other informational activities in a public place related to a refusal to work. Penal Code 12590.
Possession of a firearm by a person ineligible to possess firearms because of his or her mental history. Welf & I Code 8100.
Providing a firearm or deadly weapon to a person who is prohibited from possessing firearms because of his or her mental history. Welf & I Code 8101.
Possession of a firearm by a person ineligible to possess a firearm because of specific mental prohibitions. Welf & I Code 8103.
Bringing or sending firearms or other contraband into a juvenile detention facility. Welf & I Code 871.5.
Bringing or sending firearms or other contraband into youth authority institutions. Welf & I Code 1001.5. A licensed gun collector failing to report the out-of-state purchase of a relic pistol or other relic firearm capable of being concealed. Penal Code 12072(3)(g).

This was from 2012. I don't know if there are others or if 2013 gave us more.

+1 best answer.

Domestic violence and your firearms will be seized immediatally for ten years. DV is likely the #1 cause of peace officer's termination since as a LEO you need to be armed. :oji:

RichieBacon
12-01-2013, 10:50 AM
LEOs have access to the Automated Firearms Registry. The only restriction on access is that it be for an official purpose only. Beyond that, officers do not need a reason to query the system to determine if a person is a gun owner.

But, in the situation you described in your original posting, officers would have plenty of reason to do so in order to determine if an 18 USC 922 violation were present.


but they wouldnt have a reason to believe that an 18 USC 922 violation might be happening.. dont they need an actual reason to investigate into an unrelated charge?

Librarian
12-01-2013, 11:43 AM
Not about handguns, as such, but the laws of gun possession/ownership related to some crimes.

Moved.

SJgunguy24
12-01-2013, 4:31 PM
LEOs have access to the Automated Firearms Registry. The only restriction on access is that it be for an official purpose only. Beyond that, officers do not need a reason to query the system to determine if a person is a gun owner.

But, in the situation you described in your original posting, officers would have plenty of reason to do so in order to determine if an 18 USC 922 violation were present.

Generally speaking 99% of street cops don't care too much about enforcing federal laws. If so they would bust every person with a dope card, tow their car(since you have Marijuana in your system for 30 days) charge them with driving while under the influance, and go to their homes and take their firearms and charge them with perjury (since having a dope card means they can't possess a firearm, and they lied on their 4473).
To the OP, tell your buddy to carry on as normal except for the dope and to read and learn the constitution, especially the 5th amendment.

RickD427
12-01-2013, 4:46 PM
but they wouldnt have a reason to believe that an 18 USC 922 violation might be happening.. dont they need an actual reason to investigate into an unrelated charge?

Richie,

You question deals with issues of legal standing. We need a source of legal standing to undertake some investigative efforts. Detaining a person, searching a person, or a residence are examples of things that require legal standing. There are many different way to acquire legal standing. Some sources of standing are based on "Probable Cause." Others are based on a warrant or special circumstance. There's a whole bunch of ways to acquire that standing.

Other investigative efforts require no legal standing. Searching a public area and running a license plate are examples of things that require no legal standing.

Making an inquiry into AFS requires no legal standing. If I already know your identity, I can lawfully query AFS to determine what firearms are registered to you. If I can see the serial number of your weapons, I can lawfully run them in AFS to determine their status.

On the other hand, I have to detain you to learn your identity, or if I have to search for your weapons in order to run them, then I need a source of legal standing to do so.

RichieBacon
12-01-2013, 4:55 PM
Generally speaking 99% of street cops don't care too much about enforcing federal laws. If so they would bust every person with a dope card, tow their car(since you have Marijuana in your system for 30 days) charge them with driving while under the influance, and go to their homes and take their firearms and charge them with perjury (since having a dope card means they can't possess a firearm, and they lied on their 4473).
To the OP, tell your buddy to carry on as normal except for the dope and to read and learn the constitution, especially the 5th amendment.

Thanks, that makes a lot of sense.

RichieBacon
12-01-2013, 5:07 PM
Richie,

You question deals with issues of legal standing. We need a source of legal standing to undertake some investigative efforts. Detaining a person, searching a person, or a residence are examples of things that require legal standing. There are many different way to acquire legal standing. Some sources of standing are based on "Probable Cause." Others are based on a warrant or special circumstance. There's a whole bunch of ways to acquire that standing.

Other investigative efforts require no legal standing. Searching a public area and running a license plate are examples of things that require no legal standing.

Making an inquiry into AFS requires no legal standing. If I already know your identity, I can lawfully query AFS to determine what firearms are registered to you. If I can see the serial number of your weapons, I can lawfully run them in AFS to determine their status.

On the other hand, I have to detain you to learn your identity, or if I have to search for your weapons in order to run them, then I need a source of legal standing to do so.


Thanks, but isn't that private information? I heard that the list of firearms someone registers can only be accessed with a warrant, unless there was a national gun registry which was debated in congress but failed because of how it was unconstitutional... I'm not entirely sure if it is true.. is there a law in California that specifically allows this?

RickD427
12-01-2013, 5:16 PM
Thanks, but isn't that private information? I heard that the list of firearms someone registers can only be accessed with a warrant, unless there was a national gun registry which was debated in congress but failed because of how it was unconstitutional... I'm not entirely sure if it is true.. is there a law in California that specifically allows this?

Richie,

No, the information is not "Private" in the sense that LEOs are restricted from accessing it in the performance of duty. There is no warrant required.

There is no law that specifically "permits" access. Laws are written to either mandate, or prohibit, folks from taking certain actions. It is the absence of a law forbidding access that permits it.

Look at it this way. I ate a hamburger for lunch today, but there was no law that specifically permitted me to do so.

9w1911
12-01-2013, 5:16 PM
try to prove marijuana addiction
how can you be addicted to a control substance that is essentially non addictive, its habitually addictive not substance its not even in the same universe as say,, nicotine and alcohol

RickD427
12-01-2013, 5:21 PM
try to prove marijuana addiction
how can you be addicted to a control substance that is essentially non addictive, its habitually addictive not substance its not even in the same universe as say,, nicotine and alcohol

Why on earth would anyone want to prove marijuana "addiction?"

They're committing a federal felony if they're a "user" and in possession of a firearm or ammunition.

It's a lot easier to prove "use" than "addiction."

RichieBacon
12-01-2013, 5:43 PM
Richie,

No, the information is not "Private" in the sense that LEOs are restricted from accessing it in the performance of duty. There is no warrant required.

There is no law that specifically "permits" access. Laws are written to either mandate, or prohibit, folks from taking certain actions. It is the absence of a law forbidding access that permits it.

Look at it this way. I ate a hamburger for lunch today, but there was no law that specifically permitted me to do so.


I know what a law is, I wrote that on accident. What I meant was, is this something that is only not private in California? is the AFS only in California? I did some research on AFS and from what i found, doesn't it search by serial number, not by name?

RickD427
12-01-2013, 6:02 PM
I know what a law is, I wrote that on accident. What I meant was, is this something that is only not private in California? is the AFS only in California? I did some research on AFS and from what i found, doesn't it search by serial number, not by name?

AFS is a California state operated system. It can be queried by name and by serial number.

e90bmw
12-04-2013, 3:35 PM
If you have guns, don't smoke weed without a card.
Is it that difficult?

Conversation:
Patient: Hey doc. I need a weed card.
Doctor: Why?
Patient: I'm suffering from depression and anxiety.
Doctor: Really? How so?
Patient: I'm depressed that I don't have a weed card. I'm anxious because I might get arrested if I smoke my illegal weed. Can you help me?
Doctor: Sure, you just need a weed card to solve your problems....:devil:

POLICESTATE
12-04-2013, 3:40 PM
If you have guns, don't smoke weed without a card.
Is it that difficult?

Conversation:
Patient: Hey doc. I need a weed card.
Doctor: Why?
Patient: I'm suffering from depression and anxiety.
Doctor: Really? How so?
Patient: I'm depressed that I don't have a weed card. I'm anxious because I might get arrested if I smoke my illegal weed. Can you help me?
Doctor: Sure, you just need a weed card to solve your problems....:devil:

Weed cards will end in confiscations as the Federal Government still considers weed illegal, even for medicinal use. It is inevitable that your medical records will be centralized with the government thanks to Obamacare, and with the continued movement to more centralized databases and connecting them together, who knows? That pot card one has today could end up in a gun confiscation 15 years later. Just because the system was tied together in a way that allowed them to cross-reference for prohibited persons tomorrow does not mean they can't use that information to enforce a law broken yesterday.

RickD427
12-04-2013, 4:27 PM
If you have guns, don't smoke weed without a card.
Is it that difficult?

Conversation:
Patient: Hey doc. I need a weed card.
Doctor: Why?
Patient: I'm suffering from depression and anxiety.
Doctor: Really? How so?
Patient: I'm depressed that I don't have a weed card. I'm anxious because I might get arrested if I smoke my illegal weed. Can you help me?
Doctor: Sure, you just need a weed card to solve your problems....:devil:

Actually the card doesn't count for anything.

A user of marijuana without a card, and in possession of firearms, is committing a felony.

A user of marijuana with a card, and in possession of firearms, is committing the same felony.

The card don't make any difference.

hermosabeach
12-04-2013, 4:48 PM
The question is could something happen....

The state is actively comparing old violations that forfeit your gun rights with people who own guns and are now collecting them.

Will the Feds ever take a list of all state arrests for weed and membership lists from raided dispensaries and then 1) add them to the prohibited category 2) collect the people and firearms as CA law, CO law and WA law on weed


Who knows where will we be in terms of rights in 5-10 years in this country.