Illegal Possession of a Firearm, Ammo, Torrance, Misdemeanor

Our client, age 51, was going through a rough patch in life.  He had become divorced and severely injured himself at work, requiring surgery.  He had then been abandoned by his only child, a daughter he loved dearly. 

 

On top of this “perfect storm,” he picked up  two DUI cases in a matter of two months.  In the second one, he was found to have several firearms in his car that were improperly stored (they were in the front seat area).  While he resolved both DUI’s as first-time offenses with our office, he faced three years of probation during which he could not own, possess or purchase a firearm, ammunition or any ammunition loading device due to the firearm charges with one of the DUI’s.

More than a year after he resolved the two DUI’s, federal agents went to his house and, pursuant to a search warrant, searched his apartment in Torrance.  Our client was outside his apartment at a medical appointment at the time.  

The reason was that our client had registered a Del-Ton, Inc., model DTI 15 rifle, but had not surrendered it to law enforcement after his firearm-related DUI.  The reason was because he forgot he had the weapon, as it was in a box under his bed.  He had bought it years earlier as part of a kit, but he never assembled the weapon.  Yet he had diligently registered the serial number to his name, as required.

Years later, the federal agents noticed this in his records and that he was not supposed to have any weapons, but he had not surrendered the weapon.  They therefore applied for and were approved for a search warrant.

Once inside the apartment (our client had left his door unlocked), agents  rummaged through his apartment and found not only the lower receiver to the weapon, but no other parts to it, and several rounds of large ammunition our client had used as paperweights.  There were also a few 5.56 mm rounds and .22 caliber rounds at bottom of some bags in his apartment, rounds that he had also forgotten about.  There was also a standard capacity magazine for 5.56 ammunition.  It was empty.

Federal agents seized the lower receiver of the weapon, as well as the ammunition and magazine, and prepared a police report that they submitted to the California Attorney General.

The Attorney General then filed a felony case against our client, alleging violations of Penal Code §§ 29815(a) (violation of the terms of probation prohibiting possession of firearms or ammunition) and 30305(a)(1) (illegal possession of ammunition).

The client felt like his whole world was collapsing into him.  He called up Greg Hill & Associates and asked for more help.  The client explained what federal agents had reported to him that they found in his apartment.  The client knew it was a felony and feared prison time.

Greg then appeared with the client in the Torrance Superior Court and met with the Assistant California Attorney General assigned to the case.  Her initial offer to our client was to plead to one of the counts with two years of formal probation and no jail.

Our client advised Greg that if he were convicted of a felony, he would lose his job and probably be unable to get replacement employment.

Over the next two appearances, Greg negotiated with the assistant attorney general, who was sympathetic to our client’s bad luck.  She understood how losing his job at this point in his life would also mean losing medical care and retirement benefits.  She was also empathetic to his family situation and how with all the chaos, he might overlook having a gun in a box, as well as several loose rounds left over from past trips to the shooting range.  Surprisingly, she understood how he had given up on assembling a gun after buying the lower receiver only.

Greg was therefore happy when she agreed to reclassify the case as a misdemeanor.

Our client was overjoyed that he would be able to preserve his job with a misdemeanor, although the terms of probation included one year of informal supervision, 30 days of community labor (not service) and a court fine of $250, plus penalties and assessments.