Grand Theft Firearm – California Penal Code 487(d)(2) PC

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Los Angeles Grand Theft Firearm Defense Attorney

Stealing a firearm in California is always a felony regardless of the gun’s value. Under Penal Code 487(d)(2) the theft of any firearm is automatically classified as grand theft and carries state prison time, a lifetime ban on firearm ownership, and a permanent felony record. Prosecutors pursue these cases aggressively because any theft involving a firearm is treated as a public safety issue. If you have been charged with grand theft firearm in Los Angeles contact our office immediately. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against firearm charges and felony theft offenses throughout Los Angeles County. Call (310) 448-1529 or contact our office today for a free confidential consultation.

Is Stealing a Gun a Felony in California? What PC 487(d)(2) Covers

Yes. Stealing a firearm is always a felony in California under PC 487(d)(2). This is one of the key distinctions between firearm theft and general grand theft — there is no wobbler status, no misdemeanor option, and no $950 value threshold. Any unlawful taking of a firearm with the intent to permanently deprive the owner of it is automatically charged as a felony.

The charge applies to a wide range of conduct beyond physically taking a gun from someone. It covers:

  • Stealing a firearm from a home, vehicle, business, or person
  • Obtaining a firearm through fraud or deception including false identification or straw purchases
  • Taking a firearm from a law enforcement officer or military member
  • Using an inside connection to unlawfully obtain a firearm from a licensed dealer
  • Taking possession of a firearm without the owner’s consent regardless of the circumstances

The prosecution does not need to prove the firearm had any particular monetary value. The only value question is whether the object taken was a real, operable firearm. Non-functioning replicas and toy guns do not qualify under the statute.

What the Prosecution Must Prove Under PC 487(d)(2)

To secure a conviction for grand theft firearm the prosecution must establish all five elements beyond a reasonable doubt:

  • You took possession of a firearm
  • The firearm belonged to someone other than you
  • You took it without the owner’s consent
  • You intended at the time of the taking to permanently deprive the owner of the firearm
  • The object was a real, operable firearm

Intent to permanently deprive is the element most frequently contested in these cases. When the circumstances suggest the defendant intended to return the firearm, believed they had a right to it, or took it temporarily for a purpose that negated permanent deprivation the intent element may not be satisfied. Our firm builds the defense around the specific facts of how the taking occurred and our client’s state of mind at the time.

Grand Theft Firearm Penalties and Consequences in California

A conviction under PC 487(d)(2) carries the following penalties:

  • 16 months, 2 years, or 3 years in California state prison
  • Fines up to $10,000
  • Lifetime ban on firearm ownership and possession under both California and federal law
  • Permanent felony record affecting employment, housing, professional licensing, and immigration status
  • Felony probation in qualifying cases instead of prison

Additional charges and enhancements frequently accompany a grand theft firearm charge and significantly increase the total sentencing exposure:

  • Burglary under PC 459 if the firearm was stolen during entry into a building — adds 2 to 6 years consecutively
  • Robbery under PC 211 if force or fear was used — a strike offense carrying 2 to 9 years
  • Receiving stolen property under PC 496 if the defendant received rather than directly stole the firearm — a wobbler carrying up to 3 years
  • Felon in possession under PC 29800 if the defendant had a prior felony conviction — a separate charge carrying up to 3 years

Possession of a Stolen Firearm in California — PC 496

Many people charged in connection with a stolen firearm are not the person who originally took it. If you were found in possession of a firearm that was stolen by someone else you can be charged under Penal Code 496 for receiving stolen property even if you had no involvement in the original theft. This charge is a wobbler carrying up to 3 years in state prison as a felony or up to one year in county jail as a misdemeanor.

The prosecution must prove you knew the firearm was stolen. When the circumstances of how you came to possess the firearm are consistent with innocent acquisition — a purchase, a gift, or receipt without knowledge of the theft — our firm builds the lack of knowledge defense through the surrounding circumstances, the price paid, and any communications about the firearm’s origin. Many possession of stolen firearm charges do not hold up when the knowledge element is properly challenged.

Defenses to Grand Theft Firearm Charges

Lack of Intent to Permanently Deprive: The most direct defense. When the defendant intended to return the firearm, took it temporarily for a specific purpose, or had a claim of right based on a genuine belief in their ownership intent to permanently deprive cannot be established and the charge cannot stand.

No Knowledge the Firearm Was Stolen: In cases involving possession of a stolen firearm the prosecution must prove you knew the gun was stolen. Purchasing a firearm from someone who represented it as their own, receiving it as a gift, or acquiring it through normal channels without any indication it was stolen negates the knowledge element. Our firm presents the full context of how the firearm was acquired to establish this defense.

Mistaken Identity and Insufficient Evidence: Many firearm theft cases are based on surveillance footage, witness identification, and circumstantial evidence that is open to challenge. When the evidence connecting the defendant to the specific theft is weak, when identification procedures were unreliable, or when the chain of custody for the firearm is disputed our firm challenges every link in the prosecution’s evidence and holds them to their full burden of proof.

Fourth Amendment Suppression: Firearm cases frequently involve searches of vehicles, homes, and persons. When a firearm was discovered through an unlawful stop, an illegal search, or a warrant that lacked probable cause our firm files suppression motions to exclude it. When the firearm itself is excluded from evidence the prosecution frequently cannot proceed.

Contact a Los Angeles Grand Theft Firearm Defense Attorney Today

A grand theft firearm charge in Los Angeles is a serious felony with permanent consequences. With over 20 years of experience defending clients against firearm charges and felony theft offenses throughout Los Angeles County Attorney Hashemi knows how these cases are built and exactly where to challenge them. Contact our office today for a free confidential consultation. He will review the charges, analyze the evidence, and begin building your defense from day one.

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We are conveniently located in the Westside Towers serving clients facing grand theft firearm and related charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.