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Fish and Game Misdemeanor, Discharge of a Firearm

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  • 09-18-2011, 07:57 PM
    87mariner
    Fish and Game Misdemeanor, Discharge of a Firearm
    My question involves criminal records for the state of: California. Hello there. Long story short, I was cited for "discharge of a firearm across a public road." Fish and Game Code 3002(b). Unfortunately it is a misdemeanor charge. 1) If I appear in court and be honest with the judge that it was my first hunt and that I knew better, will he/she drop the charge to an infraction? And 2) Will this charge affect the background check in purchasinging a handgun in the state of California? Thank you
  • 09-20-2011, 08:30 AM
    Mr. Knowitall
    Re: Fish and Game Misdemeanor, Discharge of a Firearm
    It's not within the judge's discretion to plea bargain. If you want to plea bargain you have to talk to the prosecutor. ("... it was my first hunt and that I knew better..." - You mean, did not know better?)

    Disqualifying misdemeanors are listed in PC 12021; I didn't see this one listed.
  • 09-20-2011, 06:13 PM
    aardvarc
    Re: Fish and Game Misdemeanor, Discharge of a Firearm
    When you tell the court that this was your first hunt and you didn't know better, the very next words out of the judge's mouth are likely to be:

    "Didn't you complete the REQUIRED hunter safety course, which would have covered exactly how dangerous and illegal it is to shoot across a roadway?" California requires hunter education training for all persons who have not formerly held a California hunting license, who do not have a hunter education certificate of completion, or who do not have a current, valid, hunting license from another state or province.

    If you DID know better, and decided to shoot across the roadway anyway, don't expect the prosecutor to be looking to cut you any slack.
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