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California Proposition 63 – Filling Out the Gun Form in Criminal Courts

Posted by Ronald D. Hedding, ESQ. | Dec 04, 2018

When somebody pleads guilty to a felony or other certain crimes, the courts will make them fill out what I refer to as a gun form, which is basically pursuant to California Proposition 63. Everybody has to fill that form out and indicate whether or not they have any guns registered to them 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. But probation is a problem because you can violate your probation for filling that form out incorrectly, and obviously, that's not fair. So, what a lot of criminal defense attorneys are doing — including myself in some cases — is just advising clients not to fill the form out.

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 do the search because you're on probation. Then the police will break down your door and come in. It's a difficult situation.

So, if you're going to plead to felony and you're concerned about filling out the Proposition 63 form, you obviously want to coordinate that with your criminal defense attorney because you don't want to fill it out incorrectly and sometimes you don't want to fill it out, again depending on your circumstances.

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 all his guns up 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 essential to handle the situation correctly to avoid probation violations. If you have guns registered in your name and are pleading to a felony, you must properly transfer those guns. Failing to do so could lead to serious consequences, including potential prison time.

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 that says that you can no longer own, use, or possess guns, a bullet, 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 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 with all the shootings going on, not just in LA county but across the country.

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About the Author

Ronald D. Hedding, ESQ.

Ronald D. Hedding, Esq., is the founding member of the Hedding Law Firm. Mr. Hedding has an extensive well-rounded legal background in the area of Criminal Law. He has worked for the District Attorney's Office, a Superior Court Judge, and as the guiding force behind the Hedding Law Firm. His multi-faceted experience sets Mr. Hedding apart and puts him in an elite group of the best Criminal Defense Attorneys in Southern California.

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