Grand Theft Firearm DefenseCalifornia Penal Code § 487(d)(2)

What counts as a violation of Penal code § 487(d)(2)?

Under Penal Code § 487(d)(1), stealing a firearm is considered “grand theft.”

What is the punishment for violating Penal code § 487(d)(2)?

Grand theft is a wobbler offense meaning that it can be charged as either a misdemeanor or a felony.

The maximum potential sentence for misdemeanor grand theft is up to one (1) year in county jail.

For felony grand theft, you may be sentenced to sixteen (16) months, two (2) years, or three (3) years of incarceration

What are the defenses to Penal Code § 487(d)(2)?

• You had permission to use it
• You did not realize the firearm belonged to someone else (you mistakenly believed it was yours)

What are the defenses to Penal Code § 488?

• You had permission to use the property
• You did not realize the property belonged to someone else
• You were borrowing the property