Grand Theft of a Firearm - Penal Code 487(d)(2) PC
Grand theft firearm, often called "GTF," is covered under California Penal Code Section 487(d)(2). It is a type of grand theft involving the theft of a firearm.
Under PC 487(d)(2), any theft of a firearm is considered a grand theft, and regardless of the situation, the prosecutor will pursue a felony charge.
Since Proposition 47 was enacted in 2014, firearm thefts are classified as grand theft firearm if the firearm's value is $950 or more, if you have a prior conviction for a sex-related offense in California that mandated registration as a sex offender, or if you have a conviction for certain other felony crimes.
The core criminal aspect of grand theft firearm charges is the intention to deprive the owner of their firearm permanently.
If the prosecutor cannot prove this intent beyond a reasonable doubt, they cannot secure a conviction under Penal Code Section 487(d)(2).
If accused of grand theft firearm, consult a California criminal defense attorney at Cron, Israels & Stark. A conviction may lead to severe penalties, including a "strike" under California's three-strikes law.
Definition of Grand Theft Firearm
California Penal Code Section 487(d)(2) defines the offense of grand theft firearm as follows: "Grand theft of a firearm occurs when someone takes a firearm that has a value exceeding $950, or they have a prior conviction of a specific serious offense."
It's important to note that certain elements must be present before you can be charged with grand theft firearm.
First, as mentioned earlier, the stolen firearm must be valued at over $950, or you must have a prior conviction for specific crimes in California. These prior convictions include the following:
- Sexually violent crimes perpetrated through the use of force, duress, or fear of bodily harm, including threats of retaliation.
- Lewd acts, sodomy, oral sex, or statutory rape involving a minor under 14.
- Any other sex offenses that require registration as a sex offender.
- Murder or attempted murder.
- Attempted attack using a machine gun on police officers or firefighters.
- Gross vehicular manslaughter while intoxicated
- Any other violent felony offense that can result in life imprisonment or the death penalty.
As shown above, many of these prior convictions are unrelated to theft crimes. This is a consequence of California Proposition 47.
Grand Theft of a Firearm by Larceny
The primary example where you could face charges for a grand theft firearm is theft by larceny of a firearm, which is defined legally as follows:
- You acquired a firearm previously owned by someone else.
- You did not obtain the owner's permission to take the firearm.
- You intended to deprive the owner of the firearm permanently.
- You handled the firearm and retained it for a certain period.
As mentioned above, the key element for a GTF crime is "intent." It's important to note that when you took the firearm, you must have intended to deprive the owner of its value temporarily and move it to another location, even if only for a short distance or a brief period.
Grand Theft of a Firearm by False Pretenses
Another way you could face charges for grand theft firearm is through theft by false pretenses. This occurs when you use fraud to acquire someone's firearm, commonly known as false pretenses.
In this crime, you deceive the gun owner into allowing you to take their firearm, based on the false information you provide. Legally, theft by false pretenses is defined as follows:
- You deliberately misled a gun owner through a false pretense.
- You aimed to persuade the owner to permit you to take possession of their firearm.
- The owner allowed you to take their firearm based on your false pretense.
You commit a false pretense if you lie about what you know to be false, assert something as true without reason, withhold information you're obliged to share, or promise to do something you don't intend to fulfill.
Grand theft firearm by trick closely resembles theft by false pretenses. In the case of theft by false pretenses, the owner transfers both possession and ownership of the firearm to you.
In contrast, with grand theft by trick, the owner only permits you to take possession without intending to transfer ownership.
Grand Theft of a Firearm by Embezzlement
Another way you could be charged with grand theft firearm is through theft by embezzlement. This occurs when the owner trusts you, but you fraudulently use the firearm for your own benefit and deprive them of its use. Legally, theft by embezzlement of a firearm is defined as follows:
- The person who owns the firearm has entrusted you.
- You unlawfully transferred the firearm for personal gain.
- When you converted the firearm, you intended to prevent the owner from using it.
It should be noted that you are considered to have acted fraudulently if you exploit the firearm owner or cause them to lose the firearm through breach of trust. You can still be charged with firearm theft by embezzlement even if you intended to return the firearm.
What Are the Related Offenses?
- Penal Code Section 488 - Petty Theft
- Penal Code Section 459 - Burglary
- Penal Code Section 29800 - Felon with a Firearm
What are the Penalties If Convicted?
If you are convicted of violating California Penal Code Section 487(d)(2), which pertains to grand theft of a firearm, it is automatically classified as a felony. The legal penalties for this conviction can include:
- Felony probation,
- A prison sentence ranging from 16 months to 3 years in a California state prison, and
- A fine of up to $10,000.
Additionally, grand theft firearm is considered a serious felony under California's Three Strikes Law.
If you're convicted of this or another qualifying offense and then commit a second felony, your sentence for the second offense will be doubled. Committing a third felony, known as a "strike," can lead to a prison sentence of 25 years to life.
What are the Possible Legal Defenses?
Our criminal defense lawyers have access to a range of potential legal defenses. Since each grand theft firearm case involves unique circumstances, our attorneys will carefully review the details to craft an effective defense strategy tailored to your situation.
The most common legal defenses include the following:
- Lack of intent: The prosecutor must prove intent to convict you of grand theft firearm under California Penal Code Section 487(d)(2). If they can't, such as when you took a firearm with permission and forgot to return it, you might avoid conviction. Demonstrating a lack of intent can cast doubt and help you defend against charges.
- Reasonable belief you owned the firearm: In some GTF cases, attorneys might show you genuinely believed you owned the firearm when you took it, even if later proven wrong. This is called the claim of right defense. Its purpose is to create doubt, since the prosecutor must prove every element of the crime beyond a reasonable doubt.
- Firearm had a value of under $950: In some cases of grand theft firearm, our criminal attorneys might demonstrate that the stolen firearm's total value was under $950. If successful, your charges could be reduced to petty theft, a misdemeanor with less severe penalties.
- False accusation: In certain grand theft firearm cases, our lawyer may be able to present evidence proving you were falsely accused and wrongfully arrested. It's quite common for alleged victims to make unfounded allegations driven by anger, revenge, or jealousy.
If you are under criminal investigation, or already charged with grand theft firearm is covered under PC 487(d)(2), you need to consult with a criminal defense lawyer at Cron, Israels & Stark for a case review.