CCW

enemigo209 · Jul 30, 2009

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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

mjones · Jul 30, 2009

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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.

mjones · Jul 30, 2009

imported post

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.

enemigo209 · Jul 30, 2009

imported post

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

Click to expand...

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

enemigo209 · Jul 30, 2009

imported post

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

Click to expand...

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:cuss:

CA_Libertarian · Jul 30, 2009

imported post

PM sent.

CA_Libertarian · Jul 30, 2009

imported post

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, [b]the unlawful carrying of any handguns in
violation of Section 12025[/b], 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 [b]firearm[/b] of any
nature owned or possessed in violation of Section 12021, 12021.1, or
12101 of this [b]code[/b], or Chapter 3 (commencing with Section 8100) of
Division 5 of the Welfare and Institutions [b]Code[/b], or used in the
commission of any misdemeanor as provided in this [b]code[/b], any felony,
or an attempt to commit any misdemeanor as provided in this [b]code[/b] 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 [b]firearm[/b], 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 [b]firearm[/b] is not a nuisance pursuant to this subdivision if
the [b]firearm[/b] owner disposes of his or her [b]firearm[/b] 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 [b]firearm[/b], 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 [b]sale at public auction to
persons licensed pursuant to Section 12071 to engage in businesses
involving any weapon purchased[/b].  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, [b]shall be destroyed so that it can no longer be used as such
a weapon[/b] 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 [b]firearm[/b] 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 [b]Code[/b] or any regulation adopted
pursuant thereto, or which is forfeited pursuant to Section 5008.6
of the Public Resources [b]Code[/b].
(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.)

mjones · Jul 30, 2009

imported post

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

Click to expand...

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.

Click to expand...

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.

enemigo209 · Jul 30, 2009

imported post

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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enemigo209

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enemigo209

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enemigo209

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CA_Libertarian

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CA_Libertarian

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mjones

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enemigo209

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