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.
With probation 90-364 days