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.