possession of stolen handgun, penalty?

[kmk]

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?

[SteveH]

If he is a first time offender, credit time served and 3-years formal probation would be my guess.

[jamesob]

a really hard slap on the wrist.

[HowardW56]

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...

[VegasND]

ASBO

[kmk]

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

[El Gato]

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...

[sac550]

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.

[kmk]

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" .,.,

[Mstrty]

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.

[gregr266]

Maybe gang enhancement. That would be great.

[Quiet]

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.

[Ron-Solo]

To OP, did you say Newark, as in New Jersey? Or some other Newark?

[El Gato]

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...

[kmk]

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!