Legal Question in Criminal Law in California

12021a

I transported 2 guns to law enforcement (NBPD) because my 16 year old son was only being questioned in connection with a theft, they were holding him, and they told me they would not release him until I did because they did not want him to have ''access'' to them; they would be vouchered and returned upon completion of his probation for violating curfew. They were without ammo and unloaded, but not in a locked container. Does that make a difference? I was offered 30 days because ''I voluntarily returned them''.


Asked on 6/10/09, 6:48 am

4 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Re: 12021a

You posted this situation about a week ago. Without a complete review of the facts and police reports, I will stick with my original answer - I think you have a decent defense, so based on just what you wrote here, I think 30 days is a bad offer.

I'm not sure what you're asking - you're not being charged because they weren't transported in a locked container. You're being charged because of your almost 10 year old prior felony conviction.

If you have an attorney, these questions are best directed to them, since they have the reports. If you're interested in retaining counsel to fight against this, let me know.

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Answered on 6/10/09, 10:19 am
Terry A. Nelson Nelson & Lawless

Re: 12021a

If you've been charged with a crime of improper transport, when taking the guns to the police at their request [?!], you really should be fighting this. Feel free to contact me to discuss your mistakes, your rights, and your defenses before it's too late.

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Answered on 6/10/09, 1:02 pm
Terry A. Nelson Nelson & Lawless

Re: 12021a

If you've been charged with a crime of improper transport, when taking the guns to the police at their request [?!], you really should be fighting this. Feel free to contact me to discuss your mistakes, your rights, and your defenses before it's too late, if you're finally serious about defending this.

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Answered on 6/10/09, 1:04 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: 12021a

Well, you still don't provide enough information here, but let's short cut this installment plan on getting your question answered. I'll assume that your 16 year old son lives with you. If so and if you had the guns at your home, then you were in possession of firearms in viol of 12021a. If that is the case, your being "invited" to possess them and transport them in your car changes nothing. Even if you were to be excused for the car possession due to "entrapment" (they invited you to possess them for the trip), you are still in viol on the possession at home. In that situation, 30 days seems reasonable, unless you disagree that you were ever convicted of a felony.

If the police got you to retrieve these guns from somewhere else (like his mom's separate residence) and you did so, then you are being unfairly prosecuted and should fight it. I hope that clarifies your situation.

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Answered on 6/10/09, 1:25 pm


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