Q: How Is Grand Theft of a Firearm Committed?

There are several ways to commit grand theft firearm, but larceny is the most common form of this offense. It can be defined as follows: The defendant took possession of a firearm that belonged to another person. The defendant took the firearm without the consent of the owner or the owner’s agent. When the defendant took possession of the firearm, he or she intended to deprive the owner of it permanently, or to remove it from the owner’s possession long enough to deprive the owner of a major portion of its enjoyment or value. The defendant moved the firearm, even if it was only a small distance, and kept it for any period of time, no matter how brief. The other scenario is using false pretenses, which means the defendant allegedly used fraud or manipulation to acquire another’s firearm. Under state law, it is false pretense if you intend to deceive someone and either: Make a promise you do not intend to keep; Make a statement you know is false; Fail to provide information you are obliged to provide; or Recklessly claim something is true with no reason to believe it is. Grand theft of a firearm by false pretenses involves knowingly and intentionally deceiving a gun owner with a false pretense, to persuade the owner to give you possession and ownership of his or her guns. It also involves the gun owner letting you take possession of those firearms because he or she was relying on your false pretense. Here are some examples of grand theft of a firearm: A man with a prior felony conviction for rape steals a pistol worth $400 out of a parked vehicle. A woman borrows a valuable gun from her neighbor for the alleged purpose of showing it to her husband and then never returns the gun. A small group of men intercept a delivery to a gun store, stealing firearms totaling $10,000 in value.

Question 1

How Is Grand Theft of a Firearm Committed?

Accepted Answer

There are several ways to commit grand theft firearm, but larceny is the most common form of this offense. It can be defined as follows:

The defendant took possession of a firearm that belonged to another person.
The defendant took the firearm without the consent of the owner or the owner’s agent.
When the defendant took possession of the firearm, he or she intended to deprive the owner of it permanently, or to remove it from the owner’s possession long enough to deprive the owner of a major portion of its enjoyment or value.
The defendant moved the firearm, even if it was only a small distance, and kept it for any period of time, no matter how brief.

The other scenario is using false pretenses, which means the defendant allegedly used fraud or manipulation to acquire another’s firearm. Under state law, it is false pretense if you intend to deceive someone and either:

Make a promise you do not intend to keep;
Make a statement you know is false;
Fail to provide information you are obliged to provide; or
Recklessly claim something is true with no reason to believe it is.

Grand theft of a firearm by false pretenses involves knowingly and intentionally deceiving a gun owner with a false pretense, to persuade the owner to give you possession and ownership of his or her guns. It also involves the gun owner letting you take possession of those firearms because he or she was relying on your false pretense.

Here are some examples of grand theft of a firearm:

A man with a prior felony conviction for rape steals a pistol worth $400 out of a parked vehicle.
A woman borrows a valuable gun from her neighbor for the alleged purpose of showing it to her husband and then never returns the gun.
A small group of men intercept a delivery to a gun store, stealing firearms totaling $10,000 in value.

Question 2

What Are Penalties for Grand Theft of a Firearm?

Accepted Answer

Grand theft firearm is a felony offense that carries serious penalties, including:

16 months, two years, or three years in prison;
Up to $10,000 in fines; and/or
Felony probation.

In addition, if you are charged with any felony after a grand theft firearm conviction, you will face double the normal sentence for the subsequent offence. You can also lose your right to own a firearm.

Question 3

What Are the Defenses Against Grand Theft of a Firearm?

Accepted Answer

At Werksman Jackson & Quinn LLP, we pride ourselves on delivering the best legal defense available for every client. If we take on your case, we can work to protect your future, by demonstrating that:

You were falsely accused.
There was no intent to steal.
The firearm belonged to you (or you believed it did).
Total value of the firearms was $950 or less.
You did not have a prior sex crimes conviction.

Our Los Angeles theft crime defense lawyers have decades of experience handling complex, high-stakes cases. Do not trust your case to someone with less experience; let a skilled legal team advocate for your best interests. Call us at (213) 688-0460 to schedule a free consultation if you are facing grand theft of a firearm charges.

Los Angeles Grand Theft of a Firearm Defense Lawyers

Strong Legal Defense for Los Angeles Firearm Offenses and Theft Crimes

California Laws on Firearms Theft

How Is Grand Theft of a Firearm Committed?

What Are Penalties for Grand Theft of a Firearm?

What Are the Defenses Against Grand Theft of a Firearm?