Felon in Possession

What is the name of your state (only U.S. law)? California

The police came with a search warrant (never saw even though I asked 3 times) and arrested my husband. He was convicted of a felony (manslaughter) 15 years ago, served 8 yrs, he is now 31... Never in any trouble since. They said the search was prompted by his purchase of bullets in Feb 08

They took a hand gun, not registered to us, 13 bullets in the gun, 37 bullets still in the box, & a total of 8 shot gun shells (my husband has no explaination for shot gun shells and said he has never seen them before)

He said it was his friend, who is a sergeant in the marines who asked him to buy since he was passing by a store that was having a sale. His friend left the gun (same gun the bullets were for) in our kitchen when he was over last. He didn't want the gun on him when he was around our kids while he was at our house during a birthday party. We didn't even know he left it there. The friend is and has vouched for the gun. The arrangement is in a couple of weeks & I really want to know what are we looking at... Also was there probable cause to search based on purchase of 1 box of bullets?

What is the name of your state (only U.S. law)?

cairomalik said:

The police came with a search warrant (never saw even though I asked 3 times) and arrested my husband. He was convicted of a felony (manslaughter) 15 years ago, served 8 yrs, he is now 31... Never in any trouble since. They said the search was prompted by his purchase of bullets in Feb 08

They took a hand gun, not registered to us, 13 bullets in the gun, 37 bullets still in the box, & a total of 8 shot gun shells (my husband has no explaination for shot gun shells and said he has never seen them before)

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That's not good ... guns and bullets, and his being a convicted felon? Oops!

You do know that as a convicted felon he cannot possess either a gun OR ammo, right?

The arrangement is in a couple of weeks & I really want to know what are we looking at... Also was there probable cause to search based on purchase of 1 box of bullets?

Click to expand...

What he is looking at depends on the specific offense(s) charged. If it is PC 12021 he could face up to 3 years in prison for that charge alone.

And, apparently purchase of the bullets (in combination with his prior conviction making it unlawful to POSSESS even the ammunition!) was enough to convince a judge to sign the search warrant. Ergo, I'd say there WAS probable cause.

- Carl

I dunno...

A handgun, 50 rounds (exactly) and 8 shells?

And a military man just FORGOT a loaded handgun in your kitchen... for 7 months? The same handgun that he insisted a felon buy ammunition for immediately because it was on sale?

Your husband is in trouble. Big trouble.

I would look around for the shotgun... it is there somewhere.

When I buy ammunition on sale, I do not buy a BOX of 50 rounds, I buy a CASE. That's another reason why I think he was suspect. The buying habit for someone alleging a "sale" he couldn't pass up just doesn't fit here.

Plus, in the end it just does not matter who the gun or the ammo belonged to, the felon was in possession (had knowledge and control) over a firearm and ammunition in violation of state law.

Time for him to hire a good attorney and hammer out a plea.

- Carl