Can someone explain this law to me??

[TeddyBallgame]

I was reading the Wiki page for actor Dennis Farina...he was arrested a few years ago for accidentally carrying a loaded pistol through airport security at LAX...it says that after it was determined his gun was unregistered, the charges were UPPED to a felony

Farina was arrested on May 11, 2008, for carrying a loaded .22 caliber pistol through Los Angeles International Airport security. Farina was taken to the Los Angeles Police Department's Pacific Division and booked on suspicion of carrying a concealed weapon, and bail was set at $25,000. He claimed he had simply forgotten the weapon was still in his briefcase and had never intended to take it on a plane. After police determined the weapon was unregistered, the charges were upgraded to a felony and bail was increased to $35,000

is there some additional law on the books for unregistered firearms going through airport security?

we all know that there are lots of unregistered guns in people's possession, so i don't get why, if it's not illegal to have an unregistered firearm, it suddenly becomes a felony if you're caught at the airport with one

what's the difference?

do firearms you check in need to be registered too, or, just if you get caught with one at security...either way, without any criminal intent, and, being perfectly legal to OWN an unregistered firearm, why the additional added felony to it

maybe some of you firearm owners who fly might know about this better

[ke6guj]

because carrying of a unregistered handgun is a felony, but carrying of a registered handgun is a wobbler (can be charged as a misdemeanor or a felony). doesn't really have anything to do with airport security in this case other than that is what caused it to be found. this applies to loaded and/or concealed handguns. because they determined that the handgun was not registered to him, they basically had to upgrade the charge to a felony.

if you are checking in a firearm at the airport, it should be unloaded and cased, which means that the laws against loaded and/or concealed handguns do not apply. no, there is no requirement that a firearm you have declared in checked-baggage needs to be registered.

[CSACANNONEER]

Nothing to do with being at an airport.

25400. (a) A person is guilty of carrying a concealed firearm when
the person does any of the following:
(1) Carries concealed within any vehicle that is under the person'
s control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
(2) Carries concealed upon the 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 the
person is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.
(b) A firearm carried openly in a belt holster is not concealed
within the meaning of this section.
(c) Carrying a concealed firearm in violation of this section is
punishable as follows:
(1) If the person previously has been convicted of any felony, or
of any crime made punishable by a provision listed in Section 16580,
as a felony.
(2) If the firearm is stolen and the person knew or had reasonable
cause to believe that it was stolen, as a felony.
(3) If 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) If the person is not in lawful possession of the firearm or
the person is within a class of persons prohibited from possessing or
acquiring a firearm pursuant to Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, as a felony.
(5) If the person has been convicted of a crime against a person
or property, or of a narcotics or dangerous drug violation, by
imprisonment pursuant to subdivision (h) of Section 1170, 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) If both of the following conditions are met, by imprisonment
pursuant to subdivision (h) of Section 1170, 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:
(A) The pistol, revolver, or other firearm capable of being
concealed upon the person is loaded, or both it and the unexpended
ammunition capable of being discharged from it are in the immediate
possession of the person or readily accessible to that person.
(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
23515 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 the person 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 a
provision listed in Section 16580, if probation is granted, or if the
execution or imposition of sentence is suspended, it shall be a
condition thereof that the person 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) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (c) if the peace officer has probable
cause to believe that 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 the pistol, revolver, or other
firearm capable of being concealed upon the person, and one or more
of the conditions in subparagraph (A) of paragraph (6) of subdivision
(c) is met.

[retiredAFcop]

It's a "clever" way to backdoor people who owned their firearms prior to the mandatory registration period, and who haven't voluntarily registered the firearms.

The unregistered firearm is treated as if it were a stolen or illegally imported firearm, with the immediate presumption of some sort of guilt by the person in possession of the firearm.

[RickD427]

Teddy,

It sounds like the reporter in the Farina caper got his facts backwards.

To summarize previous posters, and to add a few new facts:

1) There is no law against the possession of an unregistered handgun.

2) Carrying a loaded firearm (with numerous exceptions) is a crime.

3) Carrying a concealed firearm (with a couple of exceptions) is a crime.

4) From the early days of the Penal Code, and until just recently, these crimes were simple misdemeanors.

5) Now, a first time offense is a misdemeanor if the weapon is registered to the violator and a felony if it is not.

6) The felony charge is one that can be alternately filed as a misdemeanor (commonly referred to as a "wobbler"). It is important to note that a "wobbler" starts out as a felony, and nothing less than a felony, until it "wobbles."

7) Only the D.A. or the Judge can make an offense "wobble." The police cannot make it "wobble." That means the violator gets arrested for the felony, gets a felony bail, is ineligible for a misdemeanor release, and gets a felony arrest record, even if the offense is ultimately disposed of as a misdemeanor.

The Farina arrest would have necessarily started out as a felony if the officers had properly checked the weapon's registration. It is possible that they mistakenly booked him for the misdemeanor section.

The rationale for the change was that many arrests for carrying loaded and/or concealed involved gang members and other serious no-goodniks. There was a legislative intent to make their offenses felonies, while keeping the traditional misdemeanor punishment for otherwise law-abiding folks. The problem is how do you state that in objective terms in the law. The legislature recognized that most (but certainly not all) law abiding folks tend to have registered weapons (particularly handguns) while the crooks do not.

[retiredAFcop]

The legislature recognized that most (but certainly not all) law abiding folks tend to have registered weapons (particularly handguns) while the crooks do not.

How about:

The legislature either failed to recognize that many law abiding folks have legally owned unregistered firearms, or just feel that all the sheep should have their firearms registered to make future confiscation easier, so chose this route.

[sealocan]

^^^
Yea, I'm thinking it's the second quote also.

[Marauder2003]

Sorry to say this but he does not care anymore.

[SkyHawk]

Meanwhile in Texas....

http://dfw.cbslocal.com/2015/05/07/texas-house-relaxes-airport-laws-for-gun-owners/

[Kappy]

Can someone explain this law to me??

Meanwhile in Texas....



http://dfw.cbslocal.com/2015/05/07/t...or-gun-owners/

Nice to know, since I'll be in Houston in 12 hours.

I loved Ferina as an actor, but I really don't think he forgot about his gun. I think he was trying to slip it through. How do you forget a loaded handgun in your briefcase? Why bring a briefcase with you if you aren't taking it on the plane? What was to become of said briefcase with a loaded firearm in it? Toss it in the trash? Give it to a lacky?

[SkyHawk]

Nice to know, since I'll be in Houston in 12 hours.

I loved Ferina as an actor, but I really don't think he forgot about his gun. I think he was trying to slip it through. How do you forget a loaded handgun in your briefcase? Why bring a briefcase with you if you aren't taking it on the plane? What was to become of said briefcase with a loaded firearm in it? Toss it in the trash? Give it to a lacky?

Be careful though, not law yet. But it seems forgetting about your pistol is common in Texas. Must be the BBQ hangover, and the fact they have pistols stashed in every nook and cranny.

In the Lone Star State, it seems almost as common for travelers in airport security lines to forget they are carrying a handgun as it is for them to fail to take off their belts or shoes; Texas leads the U.S. in gun confiscations in airport security checks.

[TeddyBallgame]

It's a "clever" way to backdoor people who owned their firearms prior to the mandatory registration period, and who haven't voluntarily registered the firearms.

The unregistered firearm is treated as if it were a stolen or illegally imported firearm, with the immediate presumption of some sort of guilt by the person in possession of the firearm.

my thoughts exactly, like one is being penalized for NOT having their firearm registered, even though it's not illegal to own an unregistered firearm

[Kappy]

Be careful though, not law yet. But it seems forgetting about your pistol is common in Texas. Must be the BBQ hangover, and the fact they have pistols stashed in every nook and cranny.

Well... I started out well. They balked a bit when I only had one TSA lock. I started zip tying the suitcase so that I'll know if someone opened it.

[TeddyBallgame]

Nice to know, since I'll be in Houston in 12 hours.

I loved Ferina as an actor, but I really don't think he forgot about his gun. I think he was trying to slip it through. How do you forget a loaded handgun in your briefcase? Why bring a briefcase with you if you aren't taking it on the plane? What was to become of said briefcase with a loaded firearm in it? Toss it in the trash? Give it to a lacky?

it can happen pretty easy Kappy...many years ago i almost forgot i had my CK Cobra with me when I was getting ready to enter the Glendale Courthouse...i had went with a buddy of mine, he was there for a traffic ticket

we'd gotten there early and stood in line for a good 20 minutes before they finally opened the courthouse doors...right about 3 people before my turn to pass through the metal detectors it dawned on me and i JUMPED out of line, ran across the street and discreetly put it in the trunk of my car

i would've been SOOO busted, no excuse, i had just gotten so accustomed to having it with me that it slipped my mind

at least it WAS registered to me, but i probably would've caught a case over it to deal with

[TransplantTexan]

Just curious and because I'm bored. To me this should not have been a concealed weapon issue if the facts are as stated.

Obviously this is a violation of the no firearms in secured areas, but unless the briefcase was locked, then that would seem to be what the charge should have been.

If the briefcase was unlocked then that would lead to a possible illegal transport of the firearm

I'm sure that there is some language in the law that says it's concealed and Librarian or Tincon will be in shortly to educate me.

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