Possession of a gun no criminal record first offense?

Asked over 2 years ago - Los Angeles, CA

my husband was stopped when he was getting ready to reverse my brothers car out of red, he was pulled out of the car asked if he was on parole and the car was searched then the cops decided to search my house. They found nothing inside my house but found my gun in my backyard wrapped up inside an old dryer. I panicked and said i didnt know how that got there. They arrested my husband and took him on illegal possesion of a firearm by a felon and a parole violation. My question is when he goes in to court and i tell the lawyer it was mine what exactly am i looking at, i have no record at all have a good job take care of my kids and family i just wasn't thinking and thought getting the gun would keep me safe after a previous incident.

Attorney answers (6)

  1. Harry Edward Hudson Jr

    Contributor Level 20

    12

    Lawyers agree

    Answered . No offense, but wrapped up and in a dryer in the back yard does not sound like possession for defense. That will be the prosecution's position.
    suggest you get good attorney for husband. There may be search issues. Not sure.
    Claiming the gun now coud raise liability for false report. If you were to make the claim on the wtness stand or anywhere else under oath could face perjury charges.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  2. Curtis Lamar Harrington Jr

    Contributor Level 20

    10

    Lawyers agree

    Answered . If you two didn't give consent, this is the wildest search I've heard of. A traffic stop and then a home search with no warrant?

    And just because you don't know how your gun "got there" doesn't mean its not necessarily your gun. You might have forgotten.

    You need to hire an attorney who will press a 4th amendment suppression action.

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more
  3. Alexander M. Ivakhnenko

    Contributor Level 20

    11

    Lawyers agree

    Answered . That is a serious charge that will affect your future greatly. Below please review the link to the LA criminal defense attorney who specializes in weapon defenses:
    http://www.lacriminaldefenseattorney.com/Crimin...
    Discuss your case in a confidential personal consultation and DO NOT make any incriminating statements on publicly accessible fora like Avvo. District Attorneys in California can read as well as anyone else.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  4. Elliot Rahmim Zarabi

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . Good luck with taking the blame for it! This all depends on what your husband said the police. Your husband is really in need of an attorney, not you. If the gun is registered to you, you may have a good defense for your husband, but if its not... Well, that is a entire different story.

    If you have any questions or would like a free consultation, please feel free to call me.

    Elliot Zarabi
    www.zarabilaw.com
    213-612-7720

  5. Daniel Eugene Kann

    Pro

    Contributor Level 7

    7

    Lawyers agree

    Answered . Even though your husband is on parole, there may potentially be a Fourth Amendment search issue. As for the gun, if it was legally registered to you, you may not have a problem, but without knowing more it's hard to say for sure. Feel free to contact me if you'd like to discuss the matter further.

    Daniel E. Kann
    Attorney at Law

  6. Drew Allan Cicconi

    Contributor Level 11

    6

    Lawyers agree

    Answered . Parolee Blues (The Gun in the Dryer saga)

    A gun in the dryer? Really? Really? This is exactly what the police are thinking. A parolee cannot possess a gun, but can his wife? The short answer is No. This has to do with ease of access and control (see discussion below).

    At the outset, parolees in California have very limited privacy rights when it comes to police searches. This is because California law expressly permits warrantless police searches of parolees, their homes, and property under their control. Under California Penal Code § 3067(a) [“Any inmate who is eligible for release on parole pursuant to this chapter shall agree in writing to be subject to search of seizure by a parole officer or other peace officer at any time of the day or night, with or without a search warrant and with or without cause.” Under People v. Hunter (2006) 140 Cal.App.4th 1147, 1152, the Fourth District Court of Appeals held that “A suspicionless parole search is constitutionally permissible because the parolee lacks a legitimate expectation of privacy, and the state has a substantial interest in supervising parolees and reducing recidivism.” The question is whether you have a right to object as a co-occupant of the property. In Georgia v. Randolph, 547 U.S. 103 (2006), the United States Supreme Court held that an evidentiary seizure is unlawful even with the permission of one occupant when the other occupant, who later seeks to suppress the evidence, is present at the scene and expressly refuses to consent to enter the premises.

    With respect to the gun rights of a parolee, a California publication entitled “The Parolee Rights Handbook” (2010) states the following: “The standard "Notice and Conditions of Parole" states that a parolee shall not "own, use, have access to or have under your control . . . any type of firearm or instrument or device which a reasonable person would believe to be capable of being used as a firearm or any ammunition which could be used in a firearm . . . . ." This is in accord with California law, which makes it a felony for any ex-felon to own, possess or have custody or control of any firearm. (See Penal Code § 12021; see also Penal Code § 12021.1.) Federal law also makes it unlawful for an ex-felon to receive or possess any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. (18 U.S.C. § 922(g)(1).) Thus, parolees who live with someone else who possesses a gun or ammunition should make sure that person removes those items from the residence, or at least keeps the items locked in an area to which the parolee does not have access.” (Citations inserted from footnotes)

    With respect to your right to possess a firearm in the home, such as a handgun, you have that right under the Second Amendment to the U.S. Constitution unless you are restricted as a convicted felon or the subject of a restraining order with a gun restriction. (See District of Columbia v. Heller, 554 U.S. 570 (2008). The twist here is that the gun was outside of the residence and hidden in a dryer in the backyard. You will have to overcome the natural skepticism of the Court in believing this situation was on the “up and up.” It will be hard to say you were keeping the gun to protect your residence when the gun is located outside of the home. With respect to the false statement to a police officer during his investigation of a crime, you could be charged with obstruction under Penal Code § 148, which is a misdemeanor. Assuming the court believes your story, your husband could still be convicted of a parole violation if it is found that the gun was under his control. If they find his fingerprints on the gun, then the control issue will be hard to refute.

    You need to hire an attorney to explore the issues outlined above.

    Drew Allan Cicconi
    Attorney at Law
    310-925-8337

    Disclaimer: This is a general discussion of legal principles by a California lawyer and does not create an... more

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