Grand theft firearm is a serious felony offense under California Penal Code 487(d)(2) PC, making it distinct from other theft crimes. Unlike general grand theft, which requires the stolen property to be worth more than $950, the theft of a firearm is automatically classified as grand theft, regardless of its value. A conviction carries severe penalties, including state prison time, a felony record, and permanent loss of firearm rights. Because firearm-related crimes are considered a public safety risk, prosecutors pursue these cases aggressively, often seeking the harshest possible penalties.
A grand theft firearm charge applies when someone unlawfully takes a firearm with the intent to permanently deprive the owner of possession. This can involve physically stealing a gun, acquiring one through fraud or deception, or taking possession without the owner’s consent. In many cases, additional charges or sentencing enhancements may apply, especially if the firearm was used in another crime or if the accused has prior convictions. With so much at stake, it is critical to understand the severity of these charges and the potential long-term consequences of a conviction.
If you are facing grand theft firearm charges in Los Angeles, it is crucial to seek legal representation as soon as possible. A skilled Los Angeles criminal defense attorney can evaluate the evidence, identify weaknesses in the prosecution’s case, and develop a strong defense strategy to fight the charges. At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against firearm-related theft charges and felony offenses. Our firm is dedicated to protecting your rights and future by challenging the prosecution’s claims, negotiating reduced charges, or seeking case dismissals whenever possible. Taking immediate action can significantly improve your chances of a favorable outcome.
What Is Grand Theft Firearm Under Penal Code 487(d)(2)?
California Penal Code 487(d)(2) PC defines grand theft firearm as the unlawful taking of a firearm of any value with the intent to permanently deprive the owner of possession. Unlike general grand theft, which requires the stolen property to be worth more than $950, grand theft firearm applies regardless of the firearm’s value.
To convict someone of grand theft firearm, prosecutors must prove:
- You took possession of a firearm – This includes physically taking the firearm or using fraud or deception to obtain it.
- The firearm belonged to someone else – The prosecution must prove the firearm was not lawfully yours.
- You took the firearm without the owner’s consent – The firearm must have been taken unlawfully.
- You intended to permanently deprive the owner of the firearm – If you planned to return the gun, this element may not be met.
- The firearm was a real, operable gun – Non-functioning weapons or toy guns do not qualify under this statute.
Examples of Grand Theft Firearm Cases
- Stealing a firearm from a store, home, vehicle, or person.
- Taking a gun from a law enforcement officer or a military member.
- Illegally acquiring a firearm through deception, fraud, or identity theft.
- Using an inside connection to unlawfully obtain a firearm from a licensed dealer.
Related Offenses
- Petty Theft (PC 488) – If the stolen firearm is valued under $950 (before legal changes in 2014).
- Receiving Stolen Property (PC 496) – Possessing or selling a stolen firearm.
- Burglary (PC 459) – Entering a home or business to steal a firearm.
- Robbery (PC 211) – If force or intimidation was used during the firearm theft.
Penalties for Grand Theft Firearm in California
Felony Sentencing for Grand Theft Firearm
- State Prison Sentence – 16 months, 2 years, or 3 years in California state prison.
- Felony Probation – In some cases, a judge may allow probation instead of prison time.
- Fines – Up to $10,000 in fines, depending on the case.
- Firearm Rights Revocation – A conviction results in a lifetime ban on firearm ownership.
- Strike Offense (Three Strikes Law) – If the firearm was taken through force or threats, it may count as a strike offense under California’s Three Strikes Law, increasing penalties for future convictions.
Aggravating Factors That Increase Penalties
- The firearm was stolen during a burglary (PC 459) – This can add additional prison time.
- The firearm was taken from a law enforcement officer or military personnel.
- The theft involved multiple firearms or was part of an organized scheme.
Legal Defenses Against Grand Theft Firearm Charges
- Lack of Intent – If you did not intend to permanently deprive the owner of the firearm, you may not be guilty of grand theft.
- Mistaken Identity – Theft charges often rely on surveillance footage or witness testimony, which can be inaccurate or unreliable.
- False Accusations – Disputes over firearm ownership, misunderstandings, or personal conflicts can lead to wrongful accusations.
- No Knowledge the Firearm Was Stolen – If you unknowingly purchased or received a stolen firearm, you may not be guilty of grand theft firearm.
- Illegal Search and Seizure – If law enforcement violated your constitutional rights when obtaining evidence, it may be excluded from trial, weakening the prosecution’s case.
How Our Los Angeles Grand Theft Firearm Attorney Can Help
Attorney Hashemi has extensive experience defending clients against grand theft firearm charges and understands the serious consequences a conviction can bring. Every case is different, and the right defense strategy depends on the circumstances surrounding the charges. By carefully reviewing the prosecution’s evidence, witness statements, and legal procedures, we work to uncover weaknesses in the case that could lead to a dismissal or reduction of charges.
When possible, we negotiate to have felony charges reduced to misdemeanors or seek alternative sentencing optionsto help clients avoid jail time. If the case goes to trial, we build a strong defense by challenging evidence, questioning witness credibility, and arguing against insufficient proof. From the first consultation to the resolution of your case, we are committed to protecting your rights and securing the best possible outcome.
Charged with Grand Theft Firearm? Contact a Los Angeles Criminal Defense Attorney Today
If you are facing grand theft firearm charges, you need an experienced attorney who will take the time to understand your situation and fight for the best resolution. Attorney Hashemi will sit down with you, go over the details of your case, and explain your legal options. Whether it involves negotiating with prosecutors, challenging weak evidence, or preparing for trial, we will develop a defense strategy tailored to your specific needs.
A conviction under Penal Code 487(d)(2) PC can have lasting consequences, but the right legal representation can make all the difference. Do not wait to take action—contact our Los Angeles criminal defense attorney today for a free consultation and take the first step toward protecting your future.
Schedule Your Consultation Today
📞 Phone: (310) 448-1529
📅 Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
📧 Email: Contact@hashemilaw.com
🏢 Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
⏰ Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling, including weekend appointments.
