Theft of weapons commonly applies to firearms related theft. Stealing a firearm is a serious offense anywhere in the United States, it will automatically result in a grand theft crime in the eye of law. This crime is generally called Grand Theft Firearm or GTF crime in the California Penal Code. Stealing a dangerous weapon such as a firearm is a serious felony and the value of the firearm does not matter for the prosecution of this case.
California Theft of Weapon
According to California law it is compulsory for individuals, licensed firearms dealers or owners of dealing agencies to report the loss or theft of a firearm or any weapon to local law enforcement such as the police in the jurisdiction where the loss or theft occurred. The report must be issie within five days for individuals and 48 hours for dealers.
Punishment for theft firearm in California
Under Penal Code 487(d)(2) “Grand theft firearm” in California is a way of 487 PC grand theft in which the property stolen is a weapon or firearm. The act is only considered “grand theft firearm” if one of the following conditions is true:
- The weapon or firearms that were stolen are worth more than $950; or
- The accused has a previous conviction for either a California sex crime that requires him/her to register under California’s sex offender registration act, or have a record on a serious felony, such as rape or sexual abuse, murder, rape or sexual abuse of a child under 14).2
The punishment is imprisonment from 16 months to 3 years in California state prison and/or a fine up to $10,000.
Defense Attorney for theft firearm in California
An experienced criminal defense attorney familiar with theft of weapons cases can defend you in a variety of ways:
- False Accusation
- Lack of evidence
- Illegal search and seizure.
- No intention of stealing
- The firearm rightfully belonged to you
Therefore, getting in touch with an experienced criminal defense attorney is the best course of action if you have been charged with theft of weapons or GTF in California. With more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for a free of charge assessment of your case.