Carrying a Loaded Firearm With Aggravated Circumstances | Penal Code § 25850

Description

Carrying a Loaded Firearm With Aggravated Circumstances charges may be triggered if a loaded firearm is carried on a person or in a vehicle while in a public place or on any public street. If the owner of the gun has been previously convicted of a felony or there is reasonable cause to believe the gun is stolen or the owner is an active member of a street gang charges cannot be reduced to a misdemeanor. An example of an activity which could result in a charge of Carrying a Loaded Firearm with Aggravated Circumstances are officers see ammunition on the floor of your car and discover a shotgun in the backseat.

What does the prosecutor have to prove?

1. Defendant carried a loaded firearm on his or her person, or in a vehicle.
2. Defendant was in a public place or public street in an incorporated city or in a prohibited area of an unincorporated territory.
3. The said firearm was stolen.
4. The defendant knew or had reasonable cause to believe the firearm was stolen.
5. Defendant has a prior firearm offense.

Punishment

Felony: 16months/2years/3years
With probation 90-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	Yes