Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > California 2nd Amend. Political Discussion & Activism
Register FAQ Members List Calendar Mark Forums Read

California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

Reply
 
Thread Tools Display Modes
  #1  
Old 01-03-2010, 2:41 PM
kmk's Avatar
kmk kmk is offline
Member
 
Join Date: Jan 2007
Location: Delta
Posts: 362
iTrader: 12 / 100%
Default possession of stolen handgun, penalty?

three kids found the other night with one of my stolen handguns on them..,.,in newark of coarse., .,.believe the one carrying was 20 years old..,..,.,unknown priors.,.,probably get a concealed weapon charge too.,..,what do u think his penalty will be?
__________________

its been 9 years. How am I still just a "member"?

Last edited by kmk; 01-03-2010 at 2:45 PM..
Reply With Quote
  #2  
Old 01-03-2010, 2:46 PM
SteveH SteveH is offline
Senior Member
 
Join Date: Oct 2007
Posts: 1,417
iTrader: 31 / 100%
Default

If he is a first time offender, credit time served and 3-years formal probation would be my guess.
Reply With Quote
  #3  
Old 01-03-2010, 2:46 PM
jamesob's Avatar
jamesob jamesob is offline
Veteran Member
 
Join Date: Jan 2008
Location: exeter
Posts: 4,763
iTrader: 11 / 100%
Default

a really hard slap on the wrist.
Reply With Quote
  #4  
Old 01-03-2010, 2:48 PM
HowardW56's Avatar
HowardW56 HowardW56 is offline
Calguns Addict
 
Join Date: Aug 2003
Location: Torrance
Posts: 5,864
iTrader: 12 / 100%
Default

Quote:
Originally Posted by kmk View Post
three kids found the other night with one of my stolen handguns on them. .,.believe the one carrying was 20 years old..,.,probably get a concealed weapon charge too.,..,what do u think his penalty will be?
It depends what he has been arrested for/convicted of in the past...

If he can be connected with the theft, or just possession of it...

If he was carrying it concealed, it's a felony...
__________________
Reply With Quote
  #5  
Old 01-03-2010, 2:48 PM
VegasND's Avatar
VegasND VegasND is offline
Calguns Addict
 
Join Date: Aug 2007
Location: Clark County
Posts: 8,640
iTrader: 21 / 100%
Default

ASBO
__________________
People don't like to be meddled with. We tell them what to do, what to think, don't run, don't walk. We're in their homes and in their heads and we haven't the right. We're meddlesome.
--River Tam
Reply With Quote
  #6  
Old 01-03-2010, 2:49 PM
kmk's Avatar
kmk kmk is offline
Member
 
Join Date: Jan 2007
Location: Delta
Posts: 362
iTrader: 12 / 100%
Default

for a felony?i thought there was a minimum of time that had to be served
__________________

its been 9 years. How am I still just a "member"?
Reply With Quote
  #7  
Old 01-03-2010, 2:49 PM
El Gato's Avatar
El Gato El Gato is offline
Senior Member
 
Join Date: Mar 2009
Location: Kern County
Posts: 1,574
iTrader: 1 / 100%
Default

depends... possession of known stolen property is a felony... if it was loaded then that's times 2...and a presumptive felony.. if they have priors and maybe a strike the 20 year old is going away for a while... better to be caught with a stolen car/computer etc. in most counties than to be caught with a gun... doubt they will be "slapped on the hand" except the juveniles... adults will get slapped into next week with any luck...with priors, gang enhancements and stuff the 20 year old would be looking at YEARS in state prison if it was kern county...
__________________
Greebo, as a matter of feline pride, would attempt to fight or rape absolutely anything, up to and including a four-horse logging wagon. Ferocious dogs would whine and hide under the stairs when Greebo sauntered down the street. Foxes Kept away from the village. Wolves made a detour. Terry Pratchett
Reply With Quote
  #8  
Old 01-03-2010, 3:14 PM
sac550 sac550 is offline
Member
 
Join Date: Jul 2008
Posts: 157
iTrader: 0 / 0%
Default

496 is a wobbler felony, 16-2-3 years. However, 496 requires the person "knowingly" possess or "receive" stolen property. That is very difficult you to prove, absent a statement from the suspect. For instance if the person says, " I bought this from a friend of friend for X amount of money and that amount is not so small as to make a reasonable person think it was stolen, then they can't be charged with 496.

Now if you can prove they knowingly received stolen property then you can charge a felony 496 and the DA may file felony or misdo charges. Often if they are a felon they just charge the 12021 and don't file the 496 b/c is is so hard to prove. Most people arrested for possession of stolen gun or for that matter any thing stolen are rarely charged, unless there is additional evidence to support the charge other then mere possession.
Reply With Quote
  #9  
Old 01-03-2010, 6:30 PM
kmk's Avatar
kmk kmk is offline
Member
 
Join Date: Jan 2007
Location: Delta
Posts: 362
iTrader: 12 / 100%
Default

proving the handgun purchased from the trunk of some guys car cant be that difficult.,.,.,obviously they wont be giving any names up[ .,.,so , "i bought it from some guy on the street" "but with no dros im sure its legal" .,.,
__________________

its been 9 years. How am I still just a "member"?
Reply With Quote
  #10  
Old 01-03-2010, 7:54 PM
Mstrty's Avatar
Mstrty Mstrty is offline
Senior Member
 
Join Date: Nov 2008
Posts: 2,423
iTrader: 11 / 100%
Default

Quote:
Originally Posted by kmk View Post
for a felony?i thought there was a minimum of time that had to be served
Mininum for felony.. in California.... thats funny....
If I was King for a day the sentence would be carried out at high noon. It would involve a tree and a rope.
__________________
~ ~
Reply With Quote
  #11  
Old 01-03-2010, 8:25 PM
gregr266 gregr266 is offline
Member
 
Join Date: Aug 2009
Location: LA-living sewer
Posts: 184
iTrader: 0 / 0%
Default

Maybe gang enhancement. That would be great.
Reply With Quote
  #12  
Old 01-04-2010, 6:21 AM
Quiet's Avatar
Quiet Quiet is online now
short bus driver
 
Join Date: Mar 2007
Location: the 909
Posts: 18,728
iTrader: 10 / 100%
Default

Quote:
Originally Posted by kmk View Post
three kids found the other night with one of my stolen handguns on them..,.,in newark of coarse., .,.believe the one carrying was 20 years old..,..,.,unknown priors.,.,probably get a concealed weapon charge too.,..,what do u think his penalty will be?
See parts in bold.

Penal Code 12025
(a) A person is guilty of carrying a concealed firearm when he or she does any of the following:
(1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.
(b) Carrying a concealed firearm in violation of this section is punishable, as follows:
(1) Where the person previously has been convicted of any felony, or of any crime made punishable by this chapter, as a felony.
(2) Where the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony.
(3) Where the person is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22, under the Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony.
(4) Where the person is not in lawful possession of the firearm, as defined in this section, or the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony.
(5) Where the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment in the state prison, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.
(6) By imprisonment in the state prison, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment if both of the following conditions are met:
(A) Both the pistol, revolver, or other firearm capable of being concealed upon the person and the unexpended ammunition capable of being discharged from that firearm are either in the immediate possession of the person or readily accessible to that person, or the pistol, revolver, or other firearm capable of being concealed upon the person is loaded as defined in subdivision (g) of Section 12031.
(B) The person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106, as the registered owner of that pistol, revolver, or other firearm capable of being concealed upon the person.
(7) In all cases other than those specified in paragraphs (1) to (6) inclusive, by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.
(d)(1) Every person convicted under this section who previously has been convicted of a misdemeanor offense enumerated in Section 12001.6 shall be punished by imprisonment in a county jail for at least three months and not exceeding six months, or, if granted probation, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for at least three months.
(2) Every person convicted under this section who has previously been convicted of any felony, or of any crime made punishable by this chapter, if probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(e) The court shall apply the three-month minimum sentence as specified in subdivision (d), except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in subdivision (d) or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in subdivision (d), in which case, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
(f) Firearms carried openly in belt holsters are not concealed within the meaning of this section.
(g) For purposes of this section, "lawful possession of the firearm" means that the person who has possession or custody of the firearm either lawfully owns the firearm or has the permission of the lawful owner or a person who otherwise has apparent authority to possess or have custody of the firearm. A person who takes a firearm without the permission of the lawful owner or without the permission of a person who has lawful custody of the firearm does not have lawful possession of the firearm.
(h)(1) The district attorney of each county shall submit annually a report on or before June 30, to the Attorney General consisting of profiles by race, age, gender, and ethnicity of any person charged with a felony or a misdemeanor under this section and any other offense charged in the same complaint, indictment, or information.
(2) The Attorney General shall submit annually, a report on or before December 31, to the Legislature compiling all of the reports submitted pursuant to paragraph (1).
(3) This subdivision shall remain operative until January 1, 2005, and as of that date shall be repealed.
__________________


"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun. - Dalai Lama (Seattle Times, 05-15-2001).

Last edited by Quiet; 01-04-2010 at 6:31 AM..
Reply With Quote
  #13  
Old 01-04-2010, 8:18 AM
Ron-Solo's Avatar
Ron-Solo Ron-Solo is offline
Calguns Addict
 
Join Date: Jan 2009
Location: Arizona
Posts: 7,942
iTrader: 10 / 100%
Default

To OP, did you say Newark, as in New Jersey? Or some other Newark?
__________________
LASD Retired
1978-2011




If You Heard The Shot, You Weren't The Target
Reply With Quote
  #14  
Old 01-04-2010, 8:27 AM
El Gato's Avatar
El Gato El Gato is offline
Senior Member
 
Join Date: Mar 2009
Location: Kern County
Posts: 1,574
iTrader: 1 / 100%
Default

Quote:
Originally Posted by bombmaster View Post
Mininum for felony.. in California.... thats funny....
If I was King for a day the sentence would be carried out at high noon. It would involve a tree and a rope.
We have way too many felony crimes in cali... way too many...and not everyone who pleads to a felony is actually guilty of that particular crime.. often times it is a pled to crime in lieu of some other crime...also.. people make mistakes... did you know there are like 3 seperate felonies that can be charged for possession of a fake drivers license in order to buy beer?...did you want every stupid 19 year old future alcoholic to be charged with a felony...on the other hand what about the guy who gets a fake drivers license using your info and then goes about getting tickets/crimes/credit cards in your name... one should be taken out behind the barn and read from the book...the other needs to be "hung" by his private parts IMHO...or not...having dealt with felons for alot of years and arrested alot of them...the only thing about felons that is absolute is that it all depends...
__________________
Greebo, as a matter of feline pride, would attempt to fight or rape absolutely anything, up to and including a four-horse logging wagon. Ferocious dogs would whine and hide under the stairs when Greebo sauntered down the street. Foxes Kept away from the village. Wolves made a detour. Terry Pratchett
Reply With Quote
  #15  
Old 01-04-2010, 9:25 AM
kmk's Avatar
kmk kmk is offline
Member
 
Join Date: Jan 2007
Location: Delta
Posts: 362
iTrader: 12 / 100%
Default

newark california.,.,

this felony is good one! no gray area here,,., now if the police can lean on this guy hard enough to find some more of the weapons stolen from my home!
__________________

its been 9 years. How am I still just a "member"?
Reply With Quote
  #16  
Old 01-04-2010, 5:17 PM
snobord99 snobord99 is offline
Senior Member
 
Join Date: May 2009
Location: SGV
Posts: 2,319
iTrader: 7 / 100%
Default

Quote:
Originally Posted by kmk View Post
proving the handgun purchased from the trunk of some guys car cant be that difficult.
Did you have a witness or an admission? Proving anything beyond a reasonable doubt is not as easy as you seem to think it is.
__________________
Everyone opposes judicial legislation until the judiciary legislates in their favor.
Reply With Quote
  #17  
Old 01-04-2010, 6:35 PM
U2BassAce U2BassAce is offline
Senior Member
 
Join Date: May 2007
Posts: 1,556
iTrader: 13 / 100%
Default

If he says he bought from friend of friend then he just admitted an illegal firearm transaction. (Did not go through a FFL) Enhancment?
Reply With Quote
  #18  
Old 01-05-2010, 8:32 AM
kmk's Avatar
kmk kmk is offline
Member
 
Join Date: Jan 2007
Location: Delta
Posts: 362
iTrader: 12 / 100%
Default

and an illegal firearm transaction would lead lead a reasonable person to conclude that there was knowledge of the firearm being stolen.
__________________

its been 9 years. How am I still just a "member"?
Reply With Quote
  #19  
Old 01-05-2010, 5:52 PM
snobord99 snobord99 is offline
Senior Member
 
Join Date: May 2009
Location: SGV
Posts: 2,319
iTrader: 7 / 100%
Default

Quote:
Originally Posted by kmk View Post
and an illegal firearm transaction would lead lead a reasonable person to conclude that there was knowledge of the firearm being stolen.
There are many ways to defeat this (assuming the jury believes it). I'll just point out two.

1. Claim you didn't know that there was a particular procedure (FFL) required for a firearm transaction. You thought it was like buying a TV from someone on Craigslist. Therefore, you had no knowledge or reason to think that the gun was stolen.

2. You borrowed the gun from someone a week ago and they told you it was theirs. No need for a transaction and don't necessarily NEED to know that it was stolen.
__________________
Everyone opposes judicial legislation until the judiciary legislates in their favor.
Reply With Quote
  #20  
Old 01-06-2010, 9:17 AM
kmk's Avatar
kmk kmk is offline
Member
 
Join Date: Jan 2007
Location: Delta
Posts: 362
iTrader: 12 / 100%
Default

ur killin me
__________________

its been 9 years. How am I still just a "member"?
Reply With Quote
  #21  
Old 01-06-2010, 9:39 AM
FastFinger's Avatar
FastFinger FastFinger is offline
In Memoriam
CGN Contributor - Lifetime
 
Join Date: Aug 2007
Location: Deep behind enemy lines... Southern California
Posts: 3,025
iTrader: 16 / 100%
Default

Were they in a safe?

I have a safe, but no kids, so often I leave a hand gun or two out of the safe. Plus having seen thaty video of the two guys openeing a safe in under 2 min I wonder if it's even worth the effort, especially since mine isn't a rifle size model.

BTW- If the kid has a prior theft conviction he needs to go away for a long time. Hate the thought of paying $50/yr to keep him in the pookey, and just as much hate the thought of a human life wasting away behind bars (what a depressing situation) but I also loathe people having their private property stolen. If it was a toaster I could see a slap on the wrist - but a thug with a stolen gun is not a good combo.
Reply With Quote
  #22  
Old 01-06-2010, 6:10 PM
snobord99 snobord99 is offline
Senior Member
 
Join Date: May 2009
Location: SGV
Posts: 2,319
iTrader: 7 / 100%
Default

Quote:
Originally Posted by kmk View Post
ur killin me
I'm just saying. It's really easy to sit there and say "how hard can it be to prove..." Actually proving it beyond a reasonable doubt is a whole other issue.
__________________
Everyone opposes judicial legislation until the judiciary legislates in their favor.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 5:12 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2016, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2016, Calguns.net an Incorporated Company All Rights Reserved.