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Concealed Firearm and Possession of Marijuana

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VuLe110

Junior Member
What is the name of your state? Califonia

Hello every, I had a few questions about my ticket that I hope someone can answer.

Description of Incident:
Ok, well in December of 2006, I was charged for a concealed firearm and possession of marijuana. A friend and I were hanging around talking after we got off work (I'm the manager so I close up the store) when some cops came and told us to put our hands up. I guess they had received a phone call saying that there was someone breaking into the store. So they took both of us, frisked us down and threw us in the back seat. I told them we work here and they asked to see proof, and I told them I have the keys. While this officer was talking to me, his partner was looking in my car with his flashlight. The officer talking to me asked me if there was anything in the car he should know about. I told him that I have an unloaded, registered handgun in the backseat because I go to the gun range often and I carry it under my back seat in a case because I have a truck and there is no trunk to put it in. So they began to search my car and the take out the gun but also find some marijuana (less than an gram). So they gave me a ticket for concealing a firearm and possession of marijuana. They told me theres nothing wrong with carrying around a gun but you have to drive with it on your dashboard. To me this seems worse than having it in a case under my back seat where I do not have access to it while driving.

Question 1:
Was it a legal search, since they got an annonymous tip that there was a break in? We were not in anyway breaking in our store nor looked like we were breaking in.

Question 2:
If it was a legal search, what would my sentencing look like? Are these pretty bad charges? Should I get a lawyer?

Question 3:
Should I take a class about marijuana, and a class about gun safety before I see the judge so it shows I care? Do you think it is possible for charges to be dropped if I show my concern for my offense?

It was a mistake to have the weed on me that night. I'm not an everyday pot smoker, it was just a mistake that night to have it on me that night, and with the gun, I was not carrying it around so I can go shoot someone. I take it back and forth from the gun range and the only way I knew to carry it was under my back seat since I have a truck. Hope you guys can shed some light on what I should do about this ticket. This is my first offense as an adult. I got into some trouble as a minor but I hear that your juvenile record closes once you reach 18 so they shouldn't make a decision according to my juvenile record, right?? I'm 22 now. I serious do not want to go to jail, I will lose ALOT that I worked so hard for to change in my life. Any comments/answers would be greatly appreciated.

Court date: Feb 6th, 2006.

- Vu Le
 
Last edited:


CdwJava

Senior Member
VuLe110 said:
Question 1:
Was it a legal search, since they got an annonymous tip that there was a break in? We were not in anyway breaking in our store nor looked like we were breaking in.
This is fact specific and will be up to a couurt to decide. It will very likely be a good search, but it really depends on the officers' articulation of events.

Question 2:
If it was a legal search, what would my sentencing look like? Are these pretty bad charges? Should I get a lawyer?
Yes, speak to an attorney. Depending on your criminal history, this could be bad. if you have no history, then you face jail and a fine if convicted.

Question 3:
Should I take a class about marijuana, and a class about gun safety before I see the judge so it shows I care? Do you think it is possible for charges to be dropped if I show my concern for my offense?
Only a local attorney can tell you if that will be of any benefit BEFORE trial. The marijuana charge is a big, whopping nothing - it's a $100 fine unless they are alleging you were involved in sales or distribution.

I take it back and forth from the gun range and the only way I knew to carry it was under my back seat since I have a truck.
Next time try using a gun case. That was plain dumb.

I got into some trouble as a minor but I hear that your juvenile record closes once you reach 18 so they shouldn't make a decision according to my juvenile record, right??
You heard wrong. You have to go to court to seal the record, and even then it does not seal it for all purposes and certainly not to law enforcement and the courts. That prior trouble could turn this into a worse incident.

Consult an attorney ASAP.

Oh, and specifically what charges do you face? (Please provide the code sections ...)

- Carl
 

VuLe110

Junior Member
Next time try using a gun case. That was plain dumb.

I had it in a case, but they only took the gun itself as evidence and left the case in my car.
I think the section numbers are: 12025 and 11337. The officers writting is hard to read so I am not sure.
 

CdwJava

Senior Member
VuLe110 said:
I had it in a case, but they only took the gun itself as evidence and left the case in my car.
I think the section numbers are: 12025 and 11337. The officers writting is hard to read so I am not sure.
Wait ... they seized an UN-loaded firearm that was in a case? That's odd, but still permissable. PC 12026.1 provides that the weapon would need to be in a locked container within the car, or, within the trunk. In my neck of the woods we'd never charge for that ... but then, I live in the country where everyone has a gun.

If you were popped for marijuana the charge is H&S 11357 ... if methamphetamine, it's H&S 11377. There is a big difference between the two. And if its meth, the gun charge can be a sentence enhancement under some circumstances.

Consult local counsel.

- Carl
 

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