I was convicted of possession of a loaded concealed unregistered firearm. The public defender didn't try very hard to get the misdemeanor conviction, tho I was told it could be charged as one I also had no adult record well maybe a few traffic tickets by that was all so would prop 47 help me in that matter ?
Sorry, but P47 has no application to cases involving firearms.
San Diego Criminal Defense Attorney--20 years experience--Free Consultations
Prop 47 only impacts certain criminal offenses. Unfortunately for you, possession of a loaded, concealed, unregistered firearm does not qualify for Prop 47.
Prop 47 primarily applies to theft and drug possession offense. You might try for a 17b reduction which is more effective for certain things, like gun ownership.
Proposition 47 only applies to specific charges and offenses. Yours is not one of them. The charges that can be reduced are:
The six sections of the Penal Code that are now a misdemeanor for everyone not otherwise ineligible are:
Penal Code § 459.5, the new shoplifting statute that applies to a entering a commercial building during business hours where the value of the items taken is less than $950;
Penal Code § 473(b), forgery of checks or other legal documents where value of the theft is less than $950;
Penal Code § 476a, tending a non-sufficient funds (NSF) check of less than $950. This section does not apply if the person has done this three or more times before.
Penal Code § 490.2, grand theft where the value is less than $950;
Penal Code § 496(a), receiving or concealing stolen property worth less than $950; and
Penal Code § 666, petty theft with a prior. This means that petty theft is a misdemeanor now, regardless of the number of prior petty theft convictions. There is an exception to this if the person committed elder abuse theft or certain other non-petty theft priors.
The three Health and Safety Code sections affected by Prop 47 are:
Health & Safety Code § 11350, simple possession of heroin, cocaine and many other controlled substances;
Health & Safety Code § 11357(a), simple possession of concentrated cannabis; and
Health & Safety Code § 11377, simple possession of methamphetamine, ecstasy, GHB and many other controlled substances.
Sorry, but Proposition 47 does not apply to gun cases. We get this question a lot, but Prop 47 is not a cure all for every crime.
The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.
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