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can the cops do this?

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chikinek

Junior Member
What is the name of your state (only U.S. law)? California
The cops came to my door said that he wanted to tell us that our truck was unlocked, there had been some burglaries, we should keep our truck locked. His next question was who are you here with and do you have an ID. When my husband gave him the ID his next question was is there anything illegal in the room? My husband said I have a GUN, the cop then did a full search in my room and in my vehicle. Arresting my husband on felony charges with possesion of a weapon???
 
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CdwJava

Senior Member
The cops came to my door said that he wanted to tell us that our truck was unlocked, there had been some burglaries, we should keep our truck locked. His next question was who are you here with and do you have an ID. When my husband gave him the ID his next question was is there anything illegal in the room? My husband said I have a GUN, the cop then did a full search in my room and in my vehicle. Arresting my husband on felony charges with possesion of a weapon???
Okay ... WHY was he arrested for "felony" possession? A weapon in the home would NOT generally result in a felony possession unless the gun was stolen, illegal, or had the serial numbers filed off.

This could only have come about through a very limited set of circumstances ... such as being a convicted felon, perhaps? Or, being in possession of a firearm in violation of a restraining order?

What, exactly is the charge he is facing (code section - numbers/letters, please)?

- Carl
 

CdwJava

Senior Member
Only in California!
Uh, no ... since it is not illegal to possess a firearm in CA, and most possession offenses are misdemeanors, if he was arrested for a FELONY, there is more to the tale. If it was a felony here, chances are it was illegal in most other states as well. I suspect hubby has prior convictions or has some court order against him. We'll know more if the OP responds with the exact offense or circumstances.

- Carl
 

Zigner

Senior Member, Non-Attorney
Uh, no ... since it is not illegal to possess a firearm in CA, and most possession offenses are misdemeanors, if he was arrested for a FELONY, there is more to the tale. If it was a felony here, chances are it was illegal in most other states as well. I suspect hubby has prior convictions or has some court order against him. We'll know more if the OP responds with the exact offense or circumstances.

- Carl
When I posted, there was no question present ;) (I quoted the unedited post)
 

CdwJava

Senior Member
When I posted, there was no question present ;) (I quoted the unedited post)
Ah! Okay .. I thought it was some weird backhand at CA. We have our faults, but it's not easy to get a felony for simple firearms possession here.

- Carl
 

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