Legal Question in Criminal Law in California

Hi guys, My home was raided by the ATF and all my guns were seized. I was supposed to be moving to Arizona to relocate an office a few years back so I obtained an Arizona drivers licence. I was still living in california at the time. I had bought several weapons in Arizona for my gun collection. I guess my name came up on the ATF watch list because I live in San Diego

" close proximity " to the border. The ATF thought I was trafficking weapons. After the raid they realized they made a mistake and didn't arrest me. I have not been charged with a crime and I guess the DA wants me to plead guilty to perjury for getting the Arizona drivers license hence they want to keep 16 firearms. how long do they have to charge me if I say no to the deal? I do have an attorney. The DA called for a face to face meeting with my attorney and the lead ATF agent. They meet with me and told me why they thought i was trafficking. I had bought several firearms that were the same model but different calibers and colors. They thought I was buying 4-5 of the same weapons. the ATF paperwork doesn't say anything about colors or calibers. Just make and model. They took all my AZ and CA. purchased weapons. They took about 30 firearms and 5k rounds of ammo. The raid on was 12-20-09 . I have never been in any sort of trouble, I have managed the same brokerage firm for 14 years and lived in the same residence for 12 years and married for 10. I say this because I'm about as stable as one person can be. I have been told I would get all my CA. guns along with my ammo back. The DA has asked that I give up my AZ guns and I would be on this program called " deferred prosecution " its not probation . I just have to behave myself for 5-years. Not a problem, however i don't want to give up 20k in firearms to the government. I guess when i filled out the ATF paperwork for the purchases I checked the box that said I was a resident of AZ when in fact I live in CA. I told my lawyer I can be a resident of AZ by the end of the week. I'll buy a house tomorrow. I suppose he pitched the DA on the idea but haven't heard back yet. I just want to make sure this sounds like the correct procedures.


Asked on 2/09/10, 9:44 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you want an actual informed legal opinion you have to have a confidential consultation to discuss ALL the facts and issues with an experienced attorney. Then follow his advice. You said you had an attorney; if you're not happy with his advice or if you want to get a second opinion, feel free to contact me to arrange a consultation.

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Answered on 2/17/10, 11:30 am


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