Posted on January 22, 2016
Firearm Not the Registered Owner │ California Penal Code 25850(c)(6) PC
In California, the crime of Carrying a Loaded Firearm as Not the Register Owner is charged under Penal Code 25850(c)(6). It is a wobbler offense which means the government holds discretion when electing to charge you with either a felony or misdemeanor. The following article will address 6 important things you should know about the crime carrying a loaded firearm as not the registered owner.
1. What Must the Prosecutor Prove for this Offense?
According to CALCRIM 2546, in order for you to be found guilty of carrying a loaded firearm as not the registered owner under PC 25850(c)(6), the government must prove each of the following elements beyond a reasonable doubt:
1. You carried a firearm on your person or vehicle;
2. You knew you were carrying a firearm;
3. You were in a public street or public place;
4. You are not the registered owner of the firearm with the Department of Justice.
2. What are the Legal Defenses?
• Law enforcement committed an illegal search and/or seizure in violation of the Fourth Amendment. If you were searched and/or seized when police were not armed with reasonable suspicion or probable cause, then the court will order the suppression of the firearm and the government will be unable to proceed with their case against you.
• You were not carrying a loaded firearm. If the firearm is not loaded with bullets, then you cannot be convicted of this offense.
• You were not carrying the firearm in your vehicle or person as this charge requires.
• You were not in a public place.
• You did not know that you were carrying a firearm. Instead, someone left the firearm in your car or you were holding someone else’s bag containing the firearm.
• You are the actual registered owner of the firearm with the Department of Justice.
• You were exercising momentary possession for the purposes of delivering the firearm to law enforcement.
3. What is the Punishment?
The punishment for this offense will depend on whether you’re convicted of a felony or misdemeanor. A felony conviction carries 16 months, 2, or 3 years in county jail. A misdemeanor conviction carries up to 1 year in the county jail.
4. Can I Reduce my Felony to a Misdemeanor?
If you were convicted of a felony and the court granted you probation, you may be eligible to reduce your felony to a misdemeanor under PC 17(b) upon successful completion of your probation. If the court grants your petition, the felony will be reduced to a misdemeanor “for all purposes” relieving you from ever having to disclose that you were convicted of a felony. Prior to ruling on your reduction motion, the judge will consider the following factors:
• Your prior criminal record
• Whether you suffered any probation violations
• The severity of the case
• The reason(s) you’re seeking reduction – e.g., military, child custody, immigration, employment, etc.
5. Can I Expunge my Record?
If you were convicted of this offense as a felony or misdemeanor and the court granted probation, you may be eligible to expunge your conviction under PC 1203.4. If the court grants your petition, you will then be released from all penalties and disabilities resulting from your conviction. This remedy carries considerable benefits in the private employment sector. For more information about expunging your criminal record, contact the Law Offices of John D. Rogers.
6. Free Criminal Defense Consultation
If you’ve been arrested or charged with carrying a loaded firearm and you were not the registered owner, then contact Weapons Defense Lawyer John Rogers at the Law Offices of John D. Rogers for a free consultation.