California Penal Code 487(d)(2) PC -- Grand Theft Firearm

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Grand Theft Firearm -- California Penal Code 487(d)(2)

California grand theft typically applies to property, money, or other items that are unlawfully taken where the item's value exceeds $950 (otherwise, generally the state can only charge petty theft). There are, however, certain exceptions to this rule.and unlawfully taking a firearm is one of them.

Stealing a firearm will automatically subject you to a grand theft charge, regardless of the value of the firearm.¹ This crime is known as grand theft firearm (also commonly referred to as "GTF").

Although grand theft can be filed as either a misdemeanor or a felony, California grand theft firearm is always a felony. A conviction under this law subjects you to a California State Prison sentence of 16 months, or two or three years. A California GTF conviction additionally counts as a "strike" on your record, pursuant to California's Three Strikes Law.

Fighting a California Grand Theft Firearm Charge

Just like any other California theft charge, your intent in a grand theft firearm case is critical. If you didn't intend permanently or substantially to deprive the owner of his/her firearm, you can't be convicted of this offense.

For example, if you had a good faith belief that the firearm that you took actually belonged to you, you didn't have the intent to steal it. This defense is known as a "claim of right" and may apply even if your belief was mistaken or unreasonable, just as long as it was held in good faith.

∗That said, breaking into someone's house or business to reclaim your firearm may subject you to other criminal consequences. Consent may also serve as a defense. If the owner of the firearm consented to you taking the firearm, there is no crime. Absent a specific intent to steal a firearm, you must be acquitted of this charge.

Additionally, false accusations, shoddy police work, and "constitutional rights" violations should always be explored by your California GTF criminal defense lawyer in an effort to reduce or dismiss your charges.

If you have additional questions or would like to confidentially discuss your California grand theft firearm charge, we invite you to contact us. We have local criminal law offices in San Bernardino, Riverside, Newport Beach, Van Nuys, and all surrounding Southern California cities.

California Crimes Related to Grand Theft Firearm

California grand theft firearm is commonly prosecuted in connection with a Penal Code 459 burglary charge. If you intended to steal a firearm when you entered the premises on which it was kept, you could be charged with California burglary and California GTF. If you keep for yourself a gun entrusted to you by its true owner, Penal Code 503 embezzlement may be charged. And using force or fear to steal a gun from someone's immediate possession constitutes Penal Code 211 Robbery. And purchasing or taking possession of a gun you know to be stolen constitutes Penal Code 496 Receiving Stolen Property.

To learn about Nevada theft laws, go to our page on Nevada theft laws.

Legal References:

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¹California Penal Code 487(d)(1) PC. Also see People v. Thomas, (1964) 43 Cal.App.3d 862 ("The Legislature in Penal Code section 487 has clearly defined the theft of items such as automobiles, firearms, and certain farm animals as grand theft, regardless of the value of the item taken."). Thus stealing a gun constitutes grand theft firearm and stealing a vehicle constitutes grand theft auto...regardless of their respective values.

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