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Thread: CCW

  1. #1
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    I DONT WANT TO GET INTO DETAILS REGARDING MY CASE (OPEN) BUT I AM BEING ACCUSED OF 2 COUNTS
    12025 (a) (2) (b) (1)
    12025 (a) (3)
    my only question is this do either of these charges require they police to keep my firearm and destroy it? because that is what my public pretender has told me,now i am considering getting an attorney

  2. #2
    Regular Member mjones's Avatar
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    enemigo209 wrote:
    I DONT WANT TO GET INTO DETAILS REGARDING MY CASE (OPEN) BUT I AM BEING ACCUSED OF 2 COUNTS
    12025 (a) (2) (b) (1)
    12025 (a) (3)
    my only question is this do either of these charges require they police to keep my firearm and destroy it? because that is what my public pretender has told me,now i am considering getting an attorney
    Are you sure the 2 charges aren't

    12025 (a) (3) (b) (1) and
    12025 (a) (2)
    ??

    Otherwise the order the indicated code sections don't seem to line up.

    12025 (a) (3) (b) (1) would be a felon concealing (if that's the case you will have posession issues as well) or concealing and having been convicted ofconcealing before...

    12025 (a) (2) would be 'simple' concealment without an exemption for concealing

    If the firearm was loaded, you might be also facing a 12031 add-on charge

    --------------------

    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.


  3. #3
    Regular Member mjones's Avatar
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    enemigo209 wrote:
    my only question is this do either of these charges require they police to keep my firearm and destroy it? because that is what my public pretender has told me,now i am considering getting an attorney
    If you are conficted of a felony, you would become a 'prohibited person' for being in posession of a firearm. Therefore they will not return a confiscated firearm to you.

    I don't have a clue if it would be possible to have the firearm released to someone else or not.

  4. #4
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    mjones wrote:
    enemigo209 wrote:
    I DONT WANT TO GET INTO DETAILS REGARDING MY CASE (OPEN) BUT I AM BEING ACCUSED OF 2 COUNTS
    12025 (a) (2) (b) (1)
    12025 (a) (3)
    my only question is this do either of these charges require they police to keep my firearm and destroy it? because that is what my public pretender has told me,now i am considering getting an attorney
    Are you sure the 2 charges aren't

    12025 (a) (3) (b) (1) and
    12025 (a) (2)
    ??

    Otherwise the order the indicated code sections don't seem to line up.

    12025 (a) (3) (b) (1) would be a felon concealing (if that's the case you will have posession issues as well) or concealing and having been convicted ofconcealing before...

    12025 (a) (2) would be 'simple' concealment without an exemption for concealing

    If the firearm was loaded, you might be also facing a 12031 add-on charge

    --------------------

    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.

    I am sure the charges are correct and I have never been convicted of any crime whatsoever.

    Wow I never actually looked up the penal codes and numbers I just copied it from my criminal complaint form. I cant believe these narrow minded @#$%s would accuse me of being in a gang, probably cause I am Hispanic. I served my country for 8 years, participated in the invasion of Iraq I guess that makes me a gang member

  5. #5
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    mjones wrote:
    enemigo209 wrote:
    my only question is this do either of these charges require they police to keep my firearm and destroy it? because that is what my public pretender has told me,now i am considering getting an attorney
    If you are conficted of a felony, you would become a 'prohibited person' for being in posession of a firearm. Therefore they will not return a confiscated firearm to you.

    I don't have a clue if it would be possible to have the firearm released to someone else or not.
    Both charges are misdemeanors so I dont know why they would tell me this. God damn public pretender

  6. #6
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    PM sent.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

  7. #7
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    And if convicted, they will either sell or destroy your handgun pursuant to PC12028:

    Code:
    12028.  (a) The unlawful concealed carrying upon the person of any
    explosive substance, other than fixed ammunition, dirk, or dagger, as
    provided in Section 12020, the unlawful carrying of any handguns in
    violation of Section 12025, and the unlawful possession or carrying
    of any item in violation of Section 653k is a nuisance.
    (b) (1) Except as provided in paragraph (2), a firearm of any
    nature owned or possessed in violation of Section 12021, 12021.1, or
    12101 of this code, or Chapter 3 (commencing with Section 8100) of
    Division 5 of the Welfare and Institutions Code, or used in the
    commission of any misdemeanor as provided in this code, any felony,
    or an attempt to commit any misdemeanor as provided in this code or
    any felony, is, upon a conviction of the defendant or upon a juvenile
    court finding that an offense which would be a misdemeanor or felony
    if committed by an adult was committed or attempted by the juvenile
    with the use of a firearm, a nuisance.  A finding that the defendant
    was guilty of the offense but was insane at the time the offense was
    committed is a conviction for the purposes of this section.
    (2) A firearm is not a nuisance pursuant to this subdivision if
    the firearm owner disposes of his or her firearm pursuant to
    paragraph (2) of subdivision (d) of Section 12021.
    (c) Any weapon described in subdivision (a), or, upon conviction
    of the defendant or upon a juvenile court finding that an offense
    which would be a misdemeanor or felony if committed by an adult was
    committed or attempted by the juvenile with the use of a firearm, any
    weapon described in subdivision (b) shall be surrendered to the
    sheriff of a county or the chief of police or other head of a
    municipal police department of any city or city and county or the
    chief of police of any campus of the University of California or the
    California State University or the Commissioner of the California
    Highway Patrol.  For purposes of this subdivision, the Commissioner
    of the California Highway Patrol shall receive only weapons that were
    confiscated by a member of the California Highway Patrol.  The
    officers to whom the weapons are surrendered, except upon the
    certificate of a judge of a court of record, or of the district
    attorney of the county, that the retention thereof is necessary or
    proper to the ends of justice, may annually, between the 1st and 10th
    days of July, in each year, offer the weapons, which the officers in
    charge of them consider to have value with respect to sporting,
    recreational, or collection purposes, for sale at public auction to
    persons licensed pursuant to Section 12071 to engage in businesses
    involving any weapon purchased.  If any weapon has been stolen and is
    thereafter recovered from the thief or his or her transferee, or is
    used in a manner as to constitute a nuisance pursuant to subdivision
    (a) or (b) without the prior knowledge of its lawful owner that it
    would be so used, it shall not be so offered for sale but shall be
    restored to the lawful owner, as soon as its use as evidence has been
    served, upon his or her identification of the weapon and proof of
    ownership, and after the law enforcement agency has complied with
    Section 12021.3.
    (d) If, under this section, a weapon is not of the type that can
    be sold to the public, generally, or is not sold pursuant to
    subdivision (c), the weapon, in the month of July, next succeeding,
    or sooner, if necessary to conserve local resources including space
    and utilization of personnel who maintain files and security of those
    weapons, shall be destroyed so that it can no longer be used as such
    a weapon except upon the certificate of a judge of a court of
    record, or of the district attorney of the county, that the retention
    of it is necessary or proper to the ends of justice.
    (e) This section does not apply to any firearm in the possession
    of the Department of Fish and Game or which was used in the violation
    of any provision of the Fish and Game Code or any regulation adopted
    pursuant thereto, or which is forfeited pursuant to Section 5008.6
    of the Public Resources Code.
    (f) No stolen weapon shall be sold or destroyed pursuant to
    subdivision (c) or (d) unless reasonable notice is given to its
    lawful owner, if his or her identity and address can be reasonably
    ascertained.
    (All bold text is my emphasis.)
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

  8. #8
    Regular Member mjones's Avatar
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    enemigo209 wrote:
    mjones wrote:
    enemigo209 wrote:
    I DONT WANT TO GET INTO DETAILS REGARDING MY CASE (OPEN) BUT I AM BEING ACCUSED OF 2 COUNTS
    12025 (a) (2) (b) (1)
    12025 (a) (3)
    my only question is this do either of these charges require they police to keep my firearm and destroy it? because that is what my public pretender has told me,now i am considering getting an attorney
    Are you sure the 2 charges aren't

    12025 (a) (3) (b) (1) and
    12025 (a) (2)
    ??

    Otherwise the order the indicated code sections don't seem to line up.

    12025 (a) (3) (b) (1) would be a felon concealing (if that's the case you will have posession issues as well) or concealing and having been convicted ofconcealing before...

    12025 (a) (2) would be 'simple' concealment without an exemption for concealing

    If the firearm was loaded, you might be also facing a 12031 add-on charge

    --------------------

    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.

    I am sure the charges are correct and I have never been convicted of any crime whatsoever.

    Wow I never actually looked up the penal codes and numbers I just copied it from my criminal complaint form. I cant believe these narrow minded @#$%s would accuse me of being in a gang, probably cause I am Hispanic. I served my country for 8 years, participated in the invasion of Iraq I guess that makes me a gang member
    You just emphasized the text for 12025 (b) (3)

    Have you or your attorney received anything from a DA yet for what you are being charged with? That info might clarify things a bit.

  9. #9
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    mjones wrote

    You just emphasized the text for 12025 (b) (3)

    Have you or your attorney received anything from a DA yet for what you are being charged with? That info might clarify things a bit.
    yeah i caught that mistake on my part. i was right the first time, but i sincerely thank everyone for there help and information

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