Loaded/Concealed Firearm Charge

[irishgurl4]

Hi everyone. I ran across this website in my google searches and I'm hoping that it could provide some help.

Two weeks ago my boyfriend got pulled over by the CHP (California Highway Patrol) for talking on his cell phone while driving to work. He works as an armed security guard and had his gun in the trunk of his car. Unfortunately he had left it loaded. The cop wrote him a ticket for having a loaded firearm and a concealed firearm, California Penal Code 12031(a)(1) and 12025(a)(3) respectively.

He's a retired US Navy vet (21 years) and also a former cop (2 years, quit because he hated it). Clean record, nothing more than parking tickets and a few speeding tickets.

I tried reading through the penal code but it's just hard to decipher so I was hoping someone could help provide some information on what to expect and if there are certain things he could do to help himself out. Thanks in advance.

 

[The Lone Haranguer]

I am a CA native, but left some years ago, in part because of this sort of thing.

First off, he needs a lawyer. The offense is a misdemeanor (at least as of when I left in 2003), but still one carrying a pretty hefty fine and possible jail time, not to mention the loss of his job, especially if the gun was employer issued. CA does have what most of us think is an odd idea of what constitutes a firearm being "loaded," but having ammunition in the gun, as you suggest, definitely qualifies. I question how the officer went from a simple traffic stop for talking on a cell phone to finding the loaded gun in the trunk of the car.

 

[Frank Ettin]

This is not the place to come for serious advice in connection with a serious, real world legal problem. Your boy friend needs a real life lawyer.

For one thing, any conversations between your boy friend and his lawyer are confidential. Anything posted here is not confidential and is accessible to anyone in the world with Internet access.

Real life legal problems should not be discussed with a bunch of strangers in a public place.

 

[Ohio Gun Guy]

Dont take the above wrong, please.....

You do need a lawyer. Please dont post anything that could be used against you / him. People here do care. You may also try the NRA. If he is a member they may help. They might even help if he is not a member.

 

[drsfmd]

I'd suggest you delete your post, and request the entire thread be deleted. As well meaning as you may have been, you just admitted his guilt.

 

[Spirit 1]

I strongly suggest that you immediately contact the Calguns forum. There are California legal experts & lawyers there, plus Calguns Federation lawyers specialize in the defense of cases just like this. The Calguns Federation is the real deal, fellow gunowners & Constitutional Rights activist lawyers, not just some group of lawyers trying to flip a buck. Excellent group! As mentioned here, just describe some basics of what he is charged with, not making any admission of guilt.

http://www.calguns.net/calgunforum/index.php

 

[Diggers]

some how posted twice

 

[Diggers]

Doubt the concealed gun charge will stick if it was in the trunk of the car. That is where a gun is supposed to be, otherwise there would be no way to transport the gun with out being in violation of the law. I don't see anything about the gun being loaded changing its status of concealed vs. legally transported.

From here: http://ag.ca.gov/firearms/forms/pdf/Cfl2006.pdf On page 32.

Section 12025 does not apply to or affect any of the following:

The transportation or carrying of any pistol, revolver, or other firearm capable of being concealed upon the person by any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and is not within the excepted classes prescribed by Penal Code sections 12021 or 12021.1 or Welfare and Institutions Code sections 8100 or 8103, provided that the following applies:
- the firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container in the vehicle other than the utility or glove compartment;and
- when the firearm is carried by the person to or from any motor vehicle for any
lawful purpose, the firearm must be contained in a locked container while being
physically carried. (Penal Code § 12026.1.)

This is saying if its locked in the trunk or a locked container it's NOT a concealed gun. Seems the CHP officer knew about 12025 but not 12026.1, which are exceptions to 12025. He should of kept reading.


Penal Code § 12031(a)(1) is the law that states a loaded gun can not be carried on a person or in a vehicle in a public place.

\

 

[leadcounsel]

Curious to know WHY the police looked in the trunk for a speeding ticket? Unlawful search? Or did he offer this fact and consent to search...?

I can think of few reasons the cop would have authority to look in the trunk ...

 

[F-111 John]

Easy to imagine why the police looked in the trunk:

"Good evening, sir. Do you know how fast you were going?"

"No, officer."

"License and registration, please. Do you have any firearms in the car?"

"Yes, sir, I am a private security officer and I have my duty weapon locked in the trunk."

"May I see it?"

 

[TexasRifleman]

Gonna close this one. The advice to get a good lawyer is best.

There is likely much more to this story because, as shown above, the original story doesn't match California law.