Last night gang detectives and OC Probation were conducting proactive enforcement when they saw a known probationer and documented gang member driving around the area of Sigler Park, according to the Westminster Police Departement.
The officers correctly assumed the probationer was up to no good! A traffic stop was initiated and the detectives located a loaded firearm inside of the car. A records check of the firearm showed the gun was stolen.
To the detective’s surprise, the gun was not stolen from John Wilkes Booth, and was not used in the assassination of Abraham Lincoln. (The gun appeared to be a tiny Derringer type model popular in the Civil War era).
The subject was later booked into Orange County Jail for violations of his probation, felon in possession of a firearm, possession of a stolen firearm and ammunition, and possession of firearm by a gang member. Needless to say his probation is over and he is heading back to state prison.
Here are the potential penalties for the charges mentioned above, in Westminster, CA:
- Violation of Probation:
- If you violate probation, the court may revoke your probation and impose the original sentence, which could include jail or prison time.
- Felon in Possession of a Firearm:
- This is a felony under California Penal Code § 29800(a)(1), punishable by 16 months, 2 years, or 3 years in state prison.
- Possession of a Stolen Firearm and Ammunition:
- Possession of a stolen firearm can be charged as a felony, especially if the firearm is valued over $950. Penalties can include up to 3 years in state prison.
- Possession of a Firearm by a Gang Member:
- Under California Penal Code § 186.22, this can result in additional penalties, including an enhancement of 2, 3, or 4 years for the felony committed for the benefit of a gang.
These penalties can vary based on the specifics of the case and prior criminal history.
