§ 487(d)(2) PC - Grand Theft of a Firearm
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1. What is Grand Theft of a Firearm?
Grand Theft of a Firearm Law Reads As Followed:
“When the property taken is any firearm, grand theft is committed regardless of the value of the firearm.”
2. What Are Examples of Grand Theft of a Firearm?
Grand theft of a firearm under California Penal Code § 487(d)(2) PC can occur in many situations. What matters is that a firearm was unlawfully taken and the defendant intended to permanently keep it away from the rightful owner. Because the law treats firearm theft differently from other property crimes, it applies whether the gun is worth $200 or $2,000.
Below are common real-world examples that could lead to this charge:
1. Stealing a Firearm from a Home
Breaking into someone’s home and taking their handgun from a locked nightstand or safe—even without stealing anything else—can result in a grand theft of a firearm charge.
2. Taking a Gun from a Vehicle
Removing a hunting rifle from the backseat of a parked truck, or taking a handgun from a glove compartment without permission, qualifies as firearm theft.
3. Shoplifting a Gun from a Store
Walking out of a sporting goods store or licensed gun shop with a firearm without paying—even if the store sells it for less than $950—meets the definition of grand theft of a firearm.
4. Taking a Gun During Another Crime
If someone takes a police officer’s service weapon during a confrontation, or grabs a firearm while committing burglary or robbery, the act can be charged as grand theft of a firearm in addition to other felony charges.
5. “Borrowing” Without Intention to Return
Taking a friend’s shotgun to “borrow” for a hunting trip but never planning to return it can also be prosecuted as grand theft of a firearm because the law focuses on intent to permanently deprive the owner.
3. What are Common Defenses Against Grand Theft of a Firearm?
Being accused of grand theft of a firearm under California Penal Code § 487(d)(2) PC is serious, but a skilled criminal defense attorney can challenge the prosecution’s case in several ways. The right defense strategy depends on the facts, evidence, and circumstances surrounding the arrest.
Here are some of the most common defenses:
1. Lack of Intent to Permanently Deprive
The prosecution must prove you intended to keep the firearm permanently. If you took the gun temporarily, with the genuine intention to return it, this may undermine the “intent” element of the offense.
2. Owner’s Consent
If the gun’s owner gave you permission to take or use the firearm, even informally, you cannot be guilty of theft. Consent can be a strong defense when supported by testimony, text messages, or other evidence.
In cases involving stolen firearms from homes, vehicles, or stores, misidentification by eyewitnesses or surveillance footage errors can lead to false accusations. An attorney can challenge the reliability of such evidence.
4. Insufficient Evidence
If the prosecution cannot prove each element of the crime beyond a reasonable doubt—such as establishing you actually took the firearm or that it was in your possession—the case may be dismissed or reduced.
Disputes between friends, family members, or acquaintances can sometimes lead to false theft claims. Demonstrating motive for a false report, such as jealousy, revenge, or personal conflict, can be a powerful defense.
6. You Did Not Know the Item Was a Firearm
In rare situations, a person might take an item without realizing it was a firearm (for example, a wrapped package or locked case). Without knowledge that it was a gun, the theft may not qualify under § 487(d)(2) PC.
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4. What are The Penalties for Violating Grand Theft of a Firearm?
Under California Penal Code § 487(d)(2) PC, grand theft of a firearm is always a felony—no matter the value of the gun. The state takes these cases very seriously due to the potential dangers associated with stolen firearms.
Felony Penalties
A conviction can result in:
State Prison Sentence:
16 months, 2 years, or 3 years in state prison (California realignment rules may require serving the sentence in county jail in some cases).Felony Probation:
In some situations, the court may grant formal probation instead of prison time, often with strict conditions such as restitution, community service, counseling, or firearm restrictions.Fines:
Up to $10,000 in fines, plus court fees and restitution to the firearm’s owner.Permanent Criminal Record:
A felony conviction can affect employment, housing, licensing, and future firearm ownership rights.
Firearm Restrictions
A conviction results in a lifetime ban on owning, possessing, or purchasing firearms under both California and federal law.
Sentencing Enhancements
Additional prison time can be added if:
The theft was part of a burglary (entering a structure to commit the theft)
The firearm was an assault weapon or other prohibited firearm
The defendant has prior serious or violent felony convictions
The theft occurred alongside other crimes such as robbery or possession of a stolen firearm
Strike Offense
Grand theft of a firearm can be charged as a “strike” under California’s Three Strikes Law if it is connected to certain violent circumstances, such as being armed during the commission of another felony. Multiple strikes can significantly increase prison sentences.
5. What Are the Related Offenses To Grand Theft of a Firearm?
Charges for grand theft of a firearm under California Penal Code § 487(d)(2) PC often occur alongside, or can be reduced to, other related offenses. Understanding these related crimes is important because they can influence plea bargaining, sentencing, and defense strategies.
1. Petty Theft – Penal Code § 488 PC
If the firearm’s value is less than $950, the charge might be reduced to petty theft. However, since § 487(d)(2) PC makes firearm theft a felony regardless of value, this reduction usually requires aggressive negotiation by a defense attorney.
2. Burglary – Penal Code § 459 PC
If the theft occurred after unlawfully entering a home, business, or locked vehicle with the intent to commit theft, the prosecution may also file burglary charges. Burglary is a separate felony that can carry additional prison time.
3.Robbery – Penal Code § 211 PC
If the firearm was taken directly from a person using force or fear, the crime becomes robbery—a violent felony under California’s Three Strikes Law, which carries much harsher penalties.
4. Receiving Stolen Property – Penal Code § 496 PC
Someone found in possession of a stolen firearm—even if they didn’t personally steal it—can be charged with receiving stolen property. This can be charged as a misdemeanor or felony depending on the circumstances.
5. Possession of a Firearm by a Prohibited Person – Penal Code § 29800 PC
If the defendant is legally prohibited from possessing firearms (due to a prior conviction, restraining order, or mental health ruling) and is caught with the stolen gun, they can face this additional felony charge.
6. Possession of a Stolen Firearm – Penal Code § 27545 & § 26500 PC
Even without proof of the theft, knowingly possessing a stolen firearm can lead to separate charges under California’s firearm statutes.
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