Last night, police officers responded to the 1100 block of S. Harbor Blvd. regarding a male who approached someone asking if they “wanted any problems,” according to the Fullerton Police Department.
The officers quickly located the subject and confirmed he was, in fact, the only problem in the area.
The suspect was arrested and booked in jail for possession of a stolen firearm.
Pro tip: If you’re going to look for trouble, maybe don’t carry felony-level accessories while doing it.
Legal Penalties Faced by the Suspect
Based on recent California law and the specific details from the Fullerton Police Department, the suspect faces significant legal penalties due to the aggravating factor of the firearm being stolen.
Potential Charges & Penalties
Possession of a stolen firearm in California is typically prosecuted as a felony under several possible statutes:
- Carrying a Loaded Firearm in Public (Penal Code 25850 PC): While often a misdemeanor, it becomes an automatic felony if the firearm is stolen.
- Penalty: 16 months, 2 years, or 3 years in state prison and a fine of up to $10,000.
- Carrying a Concealed Weapon (Penal Code 25400 PC): This is also a “wobbler” that elevates to a straight felony if the suspect knew or should have known the gun was stolen.
- Penalty: Up to 3 years in county jail or state prison and fines up to $10,000.
- Receiving Stolen Property (Penal Code 496 PC): This can be filed as a separate charge alongside the weapons violations.
- Penalty: Up to 3 years in prison.
Aggravating Factors
The suspect’s situation may worsen depending on their criminal history:
- Prior Felonies: If the suspect has a prior felony conviction, they could be charged under Penal Code 29800 (Felon in Possession of a Firearm), which carries a mandatory felony sentence of up to 3 years.
- Three Strikes Law: A conviction for Grand Theft Firearm or similar serious felonies counts as a “strike,” which can double future sentences or lead to 25 years to life for a third strike.
Long-Term Consequences
A felony conviction in California results in:
- A lifetime ban on owning or possessing firearms.
- Significant impact on employment, housing, and professional licensing.
- Potential deportation or inadmissibility if the suspect is a non-citizen.