When someone pleads guilty to a felony or other specified crimes, the courts require them to complete what I refer to as a gun form, which is essentially mandated by California Proposition 63. Everyone must fill out that form and indicate whether they have any registered guns or any guns in their possession.
This is a very dangerous proposition because I've actually had a couple of clients fill it out, and they forgot that they had a couple of guns registered to them many years ago. You've already pled guilty, then put on probation, for example, or have been sent to prison. However, probation is a problem because you can violate your probation for filling out the form incorrectly, and that's obviously unfair. So, what many criminal defense attorneys, including myself in some cases, are doing is advising clients not to fill out the form.
Search Warrant to Discover Guns in Your Home
However, not filling out the form also carries its own set of risks. If you choose not to disclose your gun ownership, the court will receive information from the probation department about any guns registered in your name in Los Angeles County. If you're found to have guns, the Judge may authorize a search of your home by the probation officer.
They'll just search because you're on probation. Then the police will break down your door and come in. It's a difficult situation.
If you're facing a felony plea and are apprehensive about the Proposition 63 form, it's crucial to coordinate with your criminal defense attorney. This step is essential to ensure that the form is filled out correctly, or in some cases, not filled out at all, depending on your circumstances. Your attorney's guidance can provide the reassurance you need in this complex situation.
I have one client who had a bunch of guns registered to him. So, we actually continued the case before he pled so that we could set up all his guns because he could transfer his guns. He has to fill out the transfer paperwork because, as soon as they spot that you've got guns, in today's political climate related to guns and guns used, and now you're a convicted felon, they're going to be looking to try to get you in trouble somehow.
Don't Risk a Probation Violation
It's of utmost importance to handle the situation correctly to avoid probation violations. If you have guns registered in your name and are pleading guilty to a felony, it's imperative to properly transfer those guns. Failing to do so could lead to serious consequences, including potential imprisonment. This is not a matter to be taken lightly.
You don't want to be in a position where you move them out of your name, but you still keep them in a house where you're living — the probation department sweeps in, finds the guns, and now you have a probation violation. The prosecutor and judge are asking why you have those guns, thinking you're up to something sinister. Now, they're going to be looking to send you to prison for violating the terms and conditions of your probation, which says that you can no longer own, use, or possess guns, bullets, or anything of that nature.
Coordinate With Your Criminal Lawyer
So, if you're going to have to deal with that Proposition 63 form, coordinate everything through your attorney. Let your attorney figure out how to deal with it, depending on the circumstances of your case. What I do is I have a private conversation with my client related to that form, related to whether or not they own, use, or possess any weapons, or ever have in the past, because we don't want to be in a position where we have to do a hearing now to prove that you didn't falsely fill out that Proposition 63 form or to prove that you haven't violated your probation because you've got your hands on some guns.
So, if you have an issue with that and are pleading because of your gun rights, give me a call. We'll sit down and talk about it. I've represented many people who have to plead to felonies and have to deal with guns in Los Angeles County. You can bet your bottom dollar that now is one of the most cautious times you have had with all the shootings going on, not just in LA County but across the country.
Related Resources:
