DV while in possession of firearms

[Ninety]

Ok guys here I go.. Just curious what someone would be charged with given the following circumstances.

Jane assaults Jon they are husband and wife. It does not occur at the home.
Police are called and arrive on scene , question Jane about firearms and she states she has a bag of them in the car. Police search car and find said firearms. Multiple handguns , unknown if they were in a locked container or if they were loaded nor who they were registered to Jane or Jon , they are not stolen.


1)Does Jane get charged differently for the DV being that she had firearms in the vehicle?

2)If the firearms were in an unlocked container does she receive a charge for each firearm?

3)Loaded?

Not registered to Jane?

If Jane owns other firearms how long does she have to get rid of them?

4)If Jon owns firearms and a safe can he just change the combo?

5)Thanks.

ETA: numbers and a thank you , thought the guns might automatically create felony charges.

[CBR_rider]

1) Unless Jane used the firearms in some way during the DV, the fact that guns are in the car doesn't change the DV charge. (we'll say its 243(e)(1))

2) Each firearm could be treated as a separate charge if they are stored/loaded improperly. I am not aware of any case law saying that someone illegally concealing 5 handguns on their person can only be charged with one count of PC25400.

3) If officers find other firearms/"deadly weapons" at the scene of a DV, they are mandated to take them.

4) I don't know the case law re: Jon changing the lock on his safe and how the courts view that in light of #3. If I have a chance I will look into some case law regarding that tomorrow.

5) If I missed anything, well, too bad. I'm tired

[SquareLite]

If a firearm wasn't used, generally we would remove it and temporarily hold it for safekeeping.

[IA300]

1) Unless Jane used the firearms in some way during the DV, the fact that guns are in the car doesn't change the DV charge. (we'll say its 243(e)(1)) Irregardless, misdemeanor or felony charges, CBR is right, it does not affect the the charge if she dudn't use the firearms in the DV

2) Each firearm could be treated as a separate charge if they are stored/loaded improperly. I am not aware of any case law saying that someone illegally concealing 5 handguns on their person can only be charged with one count of PC25400.

3) If officers find other firearms/"deadly weapons" at the scene of a DV, they are mandated to take them.To answer some of the other parts, there is a charge if she is in possession of a gun not registered to her, but if they are registered to him, that's going to be a tough one to prove.
IF charges are filed on her, the court will order her to surrender or transfer her weapons, usually with 10 to 30 days, showing proof of surrender/transfer to the court

4) I don't know the case law re: Jon changing the lock on his safe and how the courts view that in light of #3. If I have a chance I will look into some case law regarding that tomorrow.

5) If I missed anything, well, too bad. I'm tired

Just because firearms are a part of the equation does not automatically make this case a felony. There could be individual felony charges within the grand scheme, just on enough info to determine that.