Carrying a loaded gun without permit? Felony?

[louscamaro91]

Here is my question.

A guy that I occasionally bumped into at the range got caught carrying a loaded handgun without a permit. It was the absolute classic scenario.
Got stopped for a tail lamp out, forgot the gun was in the glovebox, cop saw it and made the arrest. They booked him and released him the same day. Bail was very minimal at $15000($1500 paid to the bondsmen). The charge was a 25400(A)(1)
He was not in a school zone or in the commission of a crime.


This was his first run in with the law; clean record, no criminal background.

They are charging him with a felony. Is this right? He doesnt think he needs an attorney. All the attorneys he spoke with want $5K to bring it down to a misdemeanor.
Anyone care to chime in?

[jwkincal]

If it was a handgun and not registered to him, it can be charged as a felony.

There are other cases in which it can be a felony too, but most of those are in connection with the anti-gang laws.

...and YES HE NEEDS A LAWYER!

[thenodnarb]

VERY serious situation here. He is about to loose his gun rights. it CAN be charged as a misdemeanor the first time. The lawyer is worth it. Get a good one.

[CSACANNONEER]

If he EVER wants to own a gun again, vote, etc., he will need an attorney.

[louscamaro91]

Gun was registered to him.
He doesn't want to spend the money with a lawyer if the charge are
Obviously wrong. I'm not giving him any advice, I'm just curious to know.
The only advice I'll give him is one of the great Calguns/firearms attorneys phone number.

[CSACANNONEER]

Send him a link to this thread and let him make his own decision.

[wildhawker]

Your friend needs a good lawyer. He should visit www.calgunsfoundation.org/hotline and call the nearest one.

If he doesn't care about jail, fines, his rights, social stigmas, downstream impacts (loss of job, etc.), and other possible or likely consequences, then not hiring a lawyer is entirely rational.

-Brandon

Here is my question.

A guy that I occasionally bumped into at the range got caught carrying a loaded handgun without a permit. It was the absolute classic scenario.
Got stopped for a tail lamp out, forgot the gun was in the glovebox, cop saw it and made the arrest. They booked him and released him the same day. Bail was very minimal at $15000($1500 paid to the bondsmen). The charge was a 25400(A)(1)
He was not in a school zone or in the commission of a crime.

This was his first run in with the law; clean record, no criminal background.

They are charging him with a felony. Is this right? He doesnt think he needs an attorney. All the attorneys he spoke with want $5K to bring it down to a misdemeanor.
Anyone care to chime in?

[louscamaro91]

Who is a good firearms related lawyer in the Modesto/East bay area?
I doubt I'll see the guy again..

[HowardW56]

If he doesn't care about jail, fines, his rights, social stigmas, downstream impacts (loss of job, etc.), and other possible or likely consequences, then not hiring a lawyer is entirely rational.

-Brandon

None of those are important issues....

[fiddletown]

He definitely needs a lawyer. This can turn very bad for him without one. Send him Don Kilmer's number (link at the bottom of this page).

[louscamaro91]

Ok,
I gave him Mr. Kilmers number.
Hopefully he gets through this with ease. I don't know the guy, I was more curious about what I thought was a misdemeanor. This is what they call a wobbler.

[rudigan]

Here is my question.

A guy that I occasionally bumped into at the range got caught carrying a loaded handgun without a permit. It was the absolute classic scenario.Got stopped for a tail lamp out, forgot the gun was in the glovebox, cop saw it and made the arrest. They booked him and released him the same day. Bail was very minimal at $15000($1500 paid to the bondsmen). The charge was a 25400(A)(1)
He was not in a school zone or in the commission of a crime.


This was his first run in with the law; clean record, no criminal background.

They are charging him with a felony. Is this right? He doesnt think he needs an attorney. All the attorneys he spoke with want $5K to bring it down to a misdemeanor.
Anyone care to chime in?

Sorry, but I need splaining, What is "absolute classic" about putting loaded handgun in your glovebox and driving around with a taillight out? Then he thinks he does not need a lawyer...not too swift imo. Maybe better to let nature take its course here?

[louscamaro91]

"Classic" in what happens all the time on COPS

[cranemech]

Here is my question.

A guy that I occasionally bumped into at the range got caught carrying a loaded handgun without a permit. It was the absolute classic scenario.
Got stopped for a tail lamp out, forgot the gun was in the glovebox, cop saw it and made the arrest. They booked him and released him the same day. Bail was very minimal at $15000($1500 paid to the bondsmen). The charge was a 25400(A)(1)
He was not in a school zone or in the commission of a crime.


This was his first run in with the law; clean record, no criminal background.

They are charging him with a felony. Is this right? He doesnt think he needs an attorney. All the attorneys he spoke with want $5K to bring it down to a misdemeanor.
Anyone care to chime in?

Did the police officer see the firearm when he opened the glove box (gun in plain sight) to get registration? That is the only plausible scenario I can come up with, unless there is more to the story.

[louscamaro91]

Yes, that is exactly what happened. He showed me his discharge paper & charge paper from the county Jail. There is nothing more to the stor