On Tuesday, police officers were called to the Olive Garden on Alton Parkway to investigate a found bag, according to the Irvine Police Department.
Inside the bag the officers found a large amount of cash, a handgun, and a high-capacity magazine.
A man called the restaurant and told the staff that he was on his way back to pick up his bag. Officers detained Brian Richardson Kozak, 43, of Irvine, as he arrived at the restaurant.
IPD searched his vehicle and found additional firearms and drugs. Kozak was arrested and booked at the Orange County Jail for drug sales and being a felon in possession of a firearm.
Here are the potential penalties Kozak could face under California law:
- Felon in Possession of a Firearm (PC 29800)
- Classified as a felony.
- Punishable by 16 months, 2 years, or 3 years in county jail.
- Lifetime firearm prohibition applies.
- Drug Sales (Health & Safety Code §11352 or §11351)
- Felony offense.
- Penalties range from 3, 6, or 9 years in state prison for sale or transportation of controlled substances.
- Fines up to $20,000.
- Sentence enhancements possible for aggravating factors (e.g., large quantities, sales near schools).
- Possession of a High-Capacity Magazine (PC 32310)
- Defined as any magazine holding more than 10 rounds.
- Classified as a “wobbler” (can be charged as infraction or misdemeanor).
- Infraction: Fine up to $100 per magazine.
- Misdemeanor: Up to 1 year in county jail and/or fine up to $100 per magazine.