The Serious Crime of Grand Theft Firearm in California – Understanding the Legal Definition of Grand Theft Firearm

Grand theft firearm is a serious crime in California, and it is not always easy to understand what constitutes this type of offense. Penal Code 487(d)(2) PC is the statute that criminalizes the act of grand theft of a firearm, which is classified as a felony if the value of the stolen firearms is over $950 or if the defendant has certain prior convictions. Prior to the transit of the voter initiative Proposition 47 in November of 2014, any theft of a firearm was considered “grand theft” in California.

However, since Prop 47 became law, theft of a firearm can only be considered “grand theft firearm” if the stolen firearms are worth more than $950, or if the defendant has a prior conviction for a serious crime such as a sex crime that requires registration under California’s sex offender registration act. If neither of these criteria is met, the theft of a firearm will be considered petty theft under Penal Code 484.

Potential Legal Defenses for Grand Theft Firearm Charges

Although grand theft firearm is a serious crime, it is not always straightforward, and it is possible to fight GTF charges with the help of a skilled theft crimes defense lawyer. There are several legal defenses that can be used in response to grand theft firearm charges, such as the following:

Lack of intent to steal
Claim of right
Value of the firearm(s) is $950 or less
Falsely accused
A lack of intent to steal can be a powerful defense, especially in situations where the defendant did not have the means to steal the firearm. The claim of right defense is another effective strategy, which argues that the firearm actually belonged to the defendant or that they had a good faith belief that it did. The value of the firearm(s) being $950 or less can also be used as a defense, as the theft would be considered petty theft under California law. Finally, being falsely accused is a common occurrence in grand theft firearm cases, and a strong legal defense can help to prove that the allegations are untrue.

Punishments for Grand Theft Firearm

Grand theft firearm is a felony offense in California, and the potential penalties for a Penal Code 487(d)(2) PC conviction include:

Formal felony inquest
16 months, 2 years, or 3 years in California state prison
A fine of up to $10,000
Moreover, grand theft firearm is considered a “serious felony” under California’s “Three Strikes” law. If a defendant accumulates three “strike” convictions, one or more of which may be a Penal Code 487(d)(2) conviction, they will be sentenced to 25 years to life in state prison.

Related Offenses

Grand theft firearm is not the only firearm-related offense in California. Petty theft of a firearm is another common charge, and the burglary of a firearm is also a felony offense. Additionally, Penal Code 29800 PC, also known as the “Felon with a firearm” law, prohibits individuals who have been convicted of a felony from owning or possessing a firearm.

Seek Legal Assistance for Grand Theft Firearm Charges

If you are facing grand theft firearm charges in California, it is essential to obtain legal assistance from a skilled criminal defense attorney. The California theft crimes defense attorneys at Spodek Law Group can provide you with a free consultation either in person or by phone. We serve clients in many areas of California, including the greater Los Angeles area, San Francisco, San Jose, and San Diego. Don’t hesitate to reach out for help in fighting these serious charges.

Understanding the Legal Definition of Grand Theft Firearm

In order to fully understand the crime of grand theft firearm in California, it is important to know the legal definition of this offense. The definition of grand theft firearm depends on how the defendant is alleged to have committed the crime. There are several ways that a defendant can be charged with grand theft firearm, including theft by larceny, false pretenses, trick, and embezzlement.

Theft by Larceny

The most common form of grand theft firearm is theft by larceny of a firearm. Under California law, the legal definition of grand theft firearm by larceny is as follows:

• The defendant took possession of a firearm that was owned by someone else
• The defendant took the firearm without the owner’s consent or the consent of their agent
• When the defendant took possession of the firearm, they intended to deprive the owner of it permanently or to eliminate it from their possession for a long enough time
• The defendant moved the firearm, even a short distance, and kept it for any period of time, no matter how brief

False Pretenses

Another way to commit grand theft firearm is through the use of false pretenses. The legal definition of grand theft firearm by false pretenses is as follows:

• The defendant knowingly and intentionally deceived a gun owner or their agent by making a false statement or promise
• The defendant did so with the intent to convince the owner to let them take possession and ownership of the firearm
• The owner let the defendant take ownership of the firearm(s) because they relied on the false statement or promise made by the defendant

Trick

The legal definition of grand theft firearm by trick is as follows:

• The defendant gained possession of a firearm, or multiple firearms, that were owned by someone else and they knew that the firearms were owned by someone else
• The defendant used fraud or deceit to convince the owner to let them take possession of the firearms
• The defendant took ownership of the firearms with the intention to deprive the owner of them permanently, or to take them away from the owner for a long enough period of time that they would be deprived of a significant part of their value
• The defendant kept the firearms for a period of time, no matter how brief
• The property owner did not intend to transfer ownership of the firearms to the defendant

Embezzlement

Finally, it is possible to commit grand theft firearm through the act of embezzlement. The legal definition of grand theft firearm by embezzlement is as follows:

• The defendant acted fraudulently when they took advantage of someone, or they caused a loss to someone by breaching a duty, trust, or confidence
• The defendant took possession of a firearm that was owned by someone else
• The defendant took possession of the firearm because of their position of trust, such as their employment or agency relationship with the owner
• The defendant took ownership of the firearm with the intention to either deprive the owner of it permanently, or to take it away from the owner for a long enough period of time that they would be deprived of a significant part of its value
• The defendant kept the firearm for a period of time, no matter how brief
• The defendant did not have the owner’s consent to take possession of the firearm

Seek Legal Assistance for Grand Theft Firearm Charges

If you have been charged with grand theft firearm in California, it is essential to seek legal assistance from a skilled criminal defense attorney. At Spodek Law Group, we have extensive experience defending clients against grand theft firearm charges, as well as other theft crimes. We can help you understand the legal definition of grand theft firearm, as well as the potential legal defenses that may be available in your case.

Punishments for a Penal Code 487(d)(2) PC Conviction

Grand theft firearm is a serious offense in California and carries significant legal consequences. Under Penal Code 487(d)(2) PC, grand theft firearm is classified as a felony offense, and the potential penalties include:

• Formal probation
• Sixteen (16) months, two (2) years, or three (3) years in California state prison
• A fine of up to ten thousand dollars ($10,000)

In addition, grand theft firearm is considered a “serious felony” under California’s “Three Strikes” law. This means that if a defendant accumulates three “strike” convictions, one or more of which may be a Penal Code 487(d)(2) conviction, they will be subject to a sentence of twenty-five (25) years to life in state prison.

Legal Defenses for Grand Theft Firearm Charges

While grand theft firearm is a serious offense, there are several legal defenses that may be available to defendants facing these charges. The most common legal defenses include:

• Lack of intent: If the defendant did not have the intent to steal the firearm, they cannot be held criminally liable for grand theft firearm.
• Claim of right: If the defendant believed that the firearm was rightfully theirs, they cannot be found guilty of grand theft firearm. This defense applies even if the belief turned out to be false.
• Value of the firearm: If the value of the firearm(s) was $950 or less, the defendant cannot be charged with grand theft firearm. Instead, they may be charged with petty theft.
• False accusation: False accusations of grand theft firearm are not uncommon, and it is important to have a skilled criminal defense attorney on your side to help fight these charges.

Related Offenses

There are several offenses that are related to grand theft firearm under California law. These include:

• Petty theft (Penal Code 488)
• Burglary (California Penal Code 459 PC)
• Felon with a firearm (Penal Code 29800 PC)

Contact a Skilled California Criminal Defense Attorney

At Spodek Law Group, our experienced California criminal defense attorneys understand the serious nature of grand theft firearm charges, and we are dedicated to providing our clients with the aggressive legal representation they need to fight these charges. We serve clients in the greater Los Angeles area, the San Fernando Valley, Orange County, Ventura, Long Beach, Riverside, Pasadena, San Bernardino, Rancho Cucamonga, San Diego, Napa County, Oakland, San Francisco, Sacramento, San Jose, and throughout the state of California.

If you have been charged with grand theft firearm, contact us today to schedule a free consultation to discuss your case and learn more about your legal options. We will work tirelessly to help you achieve the best possible outcome in your case.