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  1. #1
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    Jan 2010
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    Unhappy CCW Charges Over Weapons in a Vehicle

    My question involves criminal law for the state of: California

    Ok so i got a ride from my friends buddies who i barely met because my friends car was packed so i rode with his buddies and we got pulled over and they found two shot guns in the trunk and i was sitting in the back seat i had no idea those guns were in their and they took me in for ccw concealed weapons and are charging me with a felony also what can i do i need help about my case because i didnt even know theese guys that good and im out on bail right now please help anyone????

  2. #2
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    Default Re: CCW Charges Over Weapons in a Vehicle

    Quote Quoting ERICSERMON
    View Post
    My question involves criminal law for the state of: California

    Ok so i got a ride from my friends buddies who i barely met because my friends car was packed so i rode with his buddies and we got pulled over and they found two shot guns in the trunk and i was sitting in the back seat i had no idea those guns were in their and they took me in for ccw concealed weapons and are charging me with a felony also what can i do i need help about my case because i didnt even know theese guys that good and im out on bail right now please help anyone????
    Wait? What?!? You were charged with carrying a concealed weapon because someone else's shotguns were in the trunk? A shotgun in the trunk will not constitute an unlawfully concealed weapons charge ... unless, maybe, the back seats pulled down for quick and easy access to a pair of LOADED shotguns, then, perhaps it could.

    Otherwise, either the officers were woefully in need of some training or there is some important detail or details missing from this tale.

    What statute have you been charged with violating? (What code section?)

  3. #3
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    Jan 2010
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    Default Re: CCW Charges Over Weapons in a Vehicle

    It has two sections one is
    12025(a)(1)pc- CCW W IN YEH W/PT F
    12031(A)(1)pc Carylond F/Arm

    13407777/ 16 10 / 203457

    And yea i was just riding in the back seat and that car was my only way home and we stopped at a 7 eleven to get something to eat and were pulled over in the parking lot im mad because i had nothing to do with it im appreciating your help

    sorry said carry load firearm

    sorry said carry load firearm

  4. #4
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    Default Re: CCW Charges Over Weapons in a Vehicle

    Quote Quoting ERICSERMON
    View Post
    It has two sections one is
    12025(a)(1)pc- CCW W IN YEH W/PT F
    12031(A)(1)pc Carylond F/Arm
    This sounds very, very off ... SOMETHING has to be missing. Perhaps the brain trust you were riding with had done something with the guns earlier, and you were swept up in the net that caught them from some earlier incident?

    Here is 12025(a):

    12025. (a) A person is guilty of carrying a concealed firearm when
    he or she does any of the following:
    (1) Carries concealed within any vehicle which is under his or her
    control or direction any pistol, revolver, or other firearm capable
    of being concealed upon the person.

    (2) Carries concealed upon his or her person any pistol, revolver,
    or other firearm capable of being concealed upon the person.
    (3) Causes to be carried concealed within any vehicle in which he
    or she is an occupant any pistol, revolver, or other firearm capable
    of being concealed upon the person.

    These were full size shotguns? If so, then this section should be dismissed out of hand as shotguns are clearly not covered under 12025(a). And how were you in control of the vehicle???

    Likewise, 12031(a)(1) could not apply:

    12031. (a) (1) A person is guilty of carrying a loaded firearm when
    he or she carries a loaded firearm on his or her person or in a
    vehicle while in any public place or on any public street in an
    incorporated city or in any public place or on any public street in a
    prohibited area of unincorporated territory.

    This might be possible, but against you? A passenger??

    Neither charge really fits the circumstances you mentioned. If what you say is the complete, God's honest proof, you should not only get the charges dismissed out of hand at the preliminary hearing, but, you might also make a personnel complaint against the officers involved as they need some SERIOUS retraining. And if their supervisors did not catch this error in report review, then the supervision and review process needs some repair.

    Just how did they come to search the trunk and find the weapons? Perhaps there is some clue as to what happened or what the officers were thinking in why they stopped and searched the car.

  5. #5
    Join Date
    Jan 2010
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    Default Re: CCW Charges Over Weapons in a Vehicle

    Quote Quoting cdwjava
    View Post
    This sounds very, very off ... SOMETHING has to be missing. Perhaps the brain trust you were riding with had done something with the guns earlier, and you were swept up in the net that caught them from some earlier incident?

    Here is 12025(a):

    12025. (a) A person is guilty of carrying a concealed firearm when
    he or she does any of the following:
    (1) Carries concealed within any vehicle which is under his or her
    control or direction any pistol, revolver, or other firearm capable
    of being concealed upon the person.

    (2) Carries concealed upon his or her person any pistol, revolver,
    or other firearm capable of being concealed upon the person.
    (3) Causes to be carried concealed within any vehicle in which he
    or she is an occupant any pistol, revolver, or other firearm capable
    of being concealed upon the person.

    These were full size shotguns? If so, then this section should be dismissed out of hand as shotguns are clearly not covered under 12025(a). And how were you in control of the vehicle???

    Likewise, 12031(a)(1) could not apply:

    12031. (a) (1) A person is guilty of carrying a loaded firearm when
    he or she carries a loaded firearm on his or her person or in a
    vehicle while in any public place or on any public street in an
    incorporated city or in any public place or on any public street in a
    prohibited area of unincorporated territory.

    This might be possible, but against you? A passenger??

    Neither charge really fits the circumstances you mentioned. If what you say is the complete, God's honest proof, you should not only get the charges dismissed out of hand at the preliminary hearing, but, you might also make a personnel complaint against the officers involved as they need some SERIOUS retraining. And if their supervisors did not catch this error in report review, then the supervision and review process needs some repair.

    Just how did they come to search the trunk and find the weapons? Perhaps there is some clue as to what happened or what the officers were thinking in why they stopped and searched the car.
    Heres what happend after hanging out with some friends at a house i got hungry and asked the driver to take me to a 7 eleven to get a hot dog on the way over there 3 cop cars passed by us on a small dead end street flashed the lights into our car while driving and drove off because they didnt put their lights to pull over so as we got to the 7 eleven the cops pulled us over right their.I wasnt passenger it was the driver and a girl passenger then (ME) in the back seat and a girl next to me so they tell us to sit on the floor then they search the trunk and lift up a blanket and find two shot guns (NOT SAWD OFF) so then they do more searching then charge me with two charges which are felonys so i was like what the hell did i do i had no idea that was their talked to detectives in city jail and they asked me if they would find my dna on the guns i said no didnt know they were in their so no im just so stressed out im out on bail right now but its B/S you know what can i do thank you so much for your help.

  6. #6
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    Sep 2005
    Location
    California
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    Default Re: CCW Charges Over Weapons in a Vehicle

    About all you CAN do is consult an attorney. Unless there is something more to the incident, or the police believed there was, then this should die a swift death. An attorney should be able to get the DA to drop the charges. if not, then if it goes to prelim, a court may very well dismiss there as I do not see how 12025 applies at all, and 12031 would be hard to apply to you - a passenger - unless they can tie you to knowledge of the weapon.

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