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Can you be aressted if a firearm is stolen?
If you're found to be in possession of a stolen firearm, expect to be taken into custody. If their investigation determines that you were knowingly in possession of a stolen firearm, then you'll be charged.
Who is charged when a firearm found in a vehicle?
Assuming something about the firearm or the manner in which it was transported is illegal, usually whoever is closest to it will be the first one to come under suspicion. If there's doubt, everyone in the vehicle can be detained and question until someone admits to possession of it.
Can you be charged with possession if drugs were found on you but you had no knowledge of them and the actual owner is coming forth at trial to say it was his?
If drugs were found on you then you were in possession so yes you can be charged. You may or may not be convicted.
Can you be arrested if they have no evidence that you stole a gun?
If you're found in possession of a stolen firearm, you can expect to be arrested, and you can also expect to be charged, as well.Added: It is not necessary for them to find the gun in your possession. Simply the testimony of an eyewitness, video-tape, or the testimony of an accomplice is enough probable cause for you to be arrested.
What is the penalty for a convicted felon found to own a firearm in California?
In addition to California law that makes possession of a firearm by a convicted felon a STATE felony, Federal law prohibits possession, and requires a 5 year sentence, without probation or parole.
Has anyone ever been found not guilty of possession of a firearm by a felon?
No the weapon first has to be found, then only can a person be convicted.
Can a ex-convict who is in a house where there is a gun owned by someone else can they still be charged?
If the ex-convict is a convicted felon - yes - they certainly can be charged. Even being in the same house as a firearm is considered being in "constructive possession" of the firearm.
If you get caught with weed in your car and it is not your what happens?
If it was found anywhere near the area in which you were seated you can be charged with possession.
Can a convicted felon live with someone that has gun in a safe and they have no access to the weapons?
Most likely YES. As with all such legal questions an experienced Criminal Attorney should be consulted first; even the local District Attorney office could offer a judgment. Generally, except for felony convictions in foreign countries, US felons are prohibited from possessing firearms. The extent of possession is the big question:[excerpt] The crime of possession of a firearm by a felon has two elements-a prior domestic felony conviction and possession of a firearm. The statutes "makes no reference to intent and … a prosecutor is only required to show that the felon 'possessed' the firearm with knowledge that it was a firearm." Possession "'means that the defendant knowingly had actual physical control of a firearm.'" The standard jury instruction addressing "Possession" further explains that "an item is ... in a person's possession if it is in an area over which the person has control and the person intends to exercise control over the item." Possession "may be imputed when the [firearm] is found in a place immediately accessible to the accused and subject to his exclusive or joint dominion and control, provided that the accused has knowledge of the presence of the [firearm]." So proceed carefully.Another View: Short answer: No, you cannot. You would be in what the law refers to as "constructive possession" of the weapon and subject to arrest and prosecution.
How can you get arressted for cds2 when it was never found on you but some one eles?
If you were in, what is known as "concurrent possession," you could be charged.
Can a felon have a black powder gun in ca?
Felon = Federally prohibited from possessing a firearm. It is considered illegal in every state for a convicted felon to be in possession of a firearm. By definition, a firearm is a weapon that is designed to expel a projectile by the action of smokeless or black powder. A felony firearm charge can also be brought against convicted felon who is found in possession of a firearm, regardless of the intended or actual use of the weapon. The offense level for this type of felony firearm crime also varies by state but is greater when the gun is loaded, kept or used unlawfully. The laws governing the penalties for felony firearm crimes vary by state and the specific circumstances of the crime. A person can also be charged in a felony firearm case when they knowingly purchase a firearm for a felon, an offense called "straw" purchasing. It is also a felony firearm crime to purchase, or otherwise handle, a firearm with the intent of furnishing it to a convicted felon.
Is it illegal to possess a firearm after being convicted of misdemenor possession of marijuana?
In general, no. However, if you found to be "a habitual user" of any controlled substance, that CAN be a disqualifier.
