Grand Theft Firearm – Penal Code 487(d)(2)
Grand theft firearm is defined under California Penal Code 487(d)(2). This offense occurs when someone unlawfully takes a firearm that belongs to another person with the intent to permanently deprive the owner of it.
Unlike most theft crimes, California law treats the theft of a firearm more seriously because firearms are considered inherently dangerous weapons. For this reason, grand theft firearm charges are typically prosecuted as felony offenses.
Grand theft firearm is often referred to as GTF in criminal cases. Prosecutors throughout Los Angeles County aggressively pursue these cases because stolen firearms are frequently connected to other criminal activity.
If you are accused of violating Penal Code 487(d)(2), you could face felony charges, prison time, and a strike under California's Three Strikes law.
Understanding how this law works, how prosecutors prove the crime, and what defenses may apply is essential if you are facing grand theft firearm allegations.
For the best chance at a favorable outcome, consider reaching out to an experienced California criminal defense attorney at Esfandi Law Group.
We're here to help—call us for a free consultation at (310) 274-6529 or contact us through this link whenever you're ready.
Legal Definition of Grand Theft Firearm
California Penal Code 487(d)(2) defines grand theft firearm as the unlawful taking of a firearm belonging to another person with the intent to permanently deprive the owner of possession.
The prosecution must prove several elements beyond a reasonable doubt to obtain a conviction.
These elements generally include:
-
the defendant took possession of a firearm owned by someone else
-
the firearm was taken without the owner's consent
-
the defendant intended to permanently deprive the owner of the firearm
-
the firearm was moved or carried away, even a short distance
Intent is one of the most important elements of this crime. If prosecutors cannot prove that the defendant intended to permanently deprive the owner of the firearm, they cannot obtain a conviction for grand theft of a firearm.
In some cases, the value of the firearm or the defendant's prior criminal record may affect how the offense is charged.
Prior Convictions That Can Trigger Grand Theft Firearm Charges
Under California law, certain prior convictions can elevate a firearm theft into a grand theft firearm offense.
These qualifying prior convictions may include:
-
sexually violent crimes involving force, duress, or threats
-
oral copulation, sodomy, or statutory rape involving a minor under 14
-
sex offenses that require registration as a sex offender
-
murder or attempted murder
-
assault with a machine gun on a police officer or firefighter
-
other violent felony crimes punishable by life imprisonment or death
Because of these prior convictions, even a firearm valued below $950 can sometimes result in grand theft firearm charges.
Types of Grand Theft Firearm
California law recognizes several ways a person can commit grand theft firearm.
Grand Theft Firearm by Larceny
The most common type of firearm theft is theft by larceny.
This occurs when someone physically takes another person's firearm without permission and with the intent to permanently keep it.
To prove theft by larceny, prosecutors must show:
-
the defendant took possession of a firearm owned by another person
-
the firearm was taken without permission
-
the defendant intended to permanently deprive the owner of the firearm
-
the firearm was moved, even if only a short distance
Examples include stealing a firearm from a home, vehicle, or retail store.
Grand Theft Firearm by False Pretenses
Grand theft firearm may also occur through deception.
This crime happens when someone tricks or deceives the owner into giving them possession of the firearm.
Prosecutors must prove:
-
the defendant intentionally deceived the firearm owner
-
the deception was used to convince the owner to give possession of the firearm
-
the owner relied on the false representation
-
the defendant intended to permanently keep the firearm
Examples include falsely claiming the firearm will be used temporarily for legal purposes while secretly intending to keep it.
Under California Penal Code § 532 PC, theft by false pretenses occurs when someone uses lies or deception to persuade a property owner to give up money, labor, or property.
Grand Theft Firearm by Embezzlement
Grand theft firearm may also occur through embezzlement.
This happens when the firearm owner entrusted the defendant with possession of the firearm, but the defendant fraudulently converted it for personal use.
To prove embezzlement, prosecutors must show:
-
the firearm owner entrusted the defendant with the firearm
-
the defendant fraudulently used or converted the firearm
-
the defendant intended to deprive the owner of the firearm
This type of theft often occurs in situations involving employees, family members, or individuals who were temporarily trusted with the firearm.
Penalties for Grand Theft Firearm
The key factor that causes theft to escalate to a felony is the $950 statutory value threshold.
Grand theft firearm under Penal Code 487(d)(2) is typically charged as a felony.
Possible penalties include:
-
felony probation
-
16 months in California state prison
-
two years in state prison
-
three years in state prison
-
fines of up to $10,000
A conviction may also result in a strike under California's Three Strikes law.
If someone later commits another serious felony, their sentence may be doubled. A third strike conviction can result in a sentence of 25 years to life in prison.
Related California Crimes
Several criminal statutes are closely related to grand theft firearm.
Petty Theft – Penal Code 484
Petty theft occurs when someone unlawfully takes property valued at $950 or less. While petty theft typically applies to lower-value items, it can still involve firearms depending on circumstances and prior convictions.
Under California Penal Code 487(c) PC, "Grand Theft Person" means unlawfully taking money, labor, or personal property directly from another person's body, clothing, or immediate control.
Burglary – Penal Code 459
Burglary occurs when someone enters a building, structure, or locked vehicle with the intent to commit theft or another felony. A burglary charge may apply if someone breaks into a gun store or residence to steal firearms.
Felon in Possession of a Firearm – Penal Code 29800
Penal Code 29800 makes it illegal for convicted felons to possess firearms. Someone accused of stealing a firearm may also face this additional charge if they are prohibited from owning or possessing firearms.
Receiving Stolen Property – Penal Code 496
Receiving stolen property occurs when someone buys, receives, conceals, or sells property they know or reasonably should know was stolen. A person can face this charge even if they were not the original thief.
Unlawful Possession of a Firearm – Penal Code 29805
This statute prohibits certain individuals who have been convicted of specified misdemeanors from possessing firearms.
Legal Defenses to Grand Theft Firearm Charges
A criminal defense attorney may challenge grand theft firearm allegations using several legal strategies.
Lack of intent
Prosecutors must prove the defendant intended to permanently deprive the owner of the firearm. If intent cannot be proven, the charge may be reduced or dismissed.
Claim of right
If the defendant reasonably believed the firearm belonged to them, this may serve as a legal defense.
Firearm value dispute
In some cases, the defense may challenge the value of the firearm. If the firearm is valued below certain thresholds and no qualifying prior convictions exist, the charge may be reduced.
False accusations
False accusations sometimes occur due to personal disputes, misunderstandings, or mistaken identity.
Frequently Asked Questions
What is grand theft firearm under California Penal Code 487(d)(2)?
Grand theft firearm occurs when someone unlawfully takes another person's firearm with the intent to permanently deprive the owner of it. Under California law, the theft of a firearm is treated more seriously than many other types of property theft because firearms are considered dangerous weapons.
Is grand theft firearm always a felony in California?
In most cases, grand theft firearm is prosecuted as a felony offense. Prosecutors typically treat firearm theft as a serious crime due to the potential risk to public safety. A felony conviction may result in state prison time, fines, and other long-term consequences.
What are the penalties for grand theft firearm?
A conviction for grand theft firearm under Penal Code 487(d)(2) may result in:
-
felony probation
-
16 months, two years, or three years in California state prison
-
fines up to $10,000
-
restitution to the victim
A conviction may also count as a strike under California's Three Strikes law depending on the circumstances.
What must prosecutors prove to convict someone of grand theft firearm?
To obtain a conviction, prosecutors must prove beyond a reasonable doubt that:
-
the defendant took a firearm belonging to another person
-
the owner did not consent to the taking
-
the defendant intended to permanently deprive the owner of the firearm
-
the firearm was moved, even if only a short distance
If the prosecution cannot prove each of these elements, the defendant cannot be convicted of the offense.
What defenses can be used against grand theft firearm charges?
Several legal defenses may apply depending on the facts of the case. Common defenses include:
-
lack of intent to permanently deprive the owner of the firearm
-
reasonable belief that the firearm belonged to the defendant
-
consent from the firearm owner
-
false accusations or mistaken identity
-
insufficient evidence to prove the elements of the crime
A criminal defense attorney can review the evidence and determine which defense strategies may apply.
Criminal Defense for Grand Theft Firearm Charges
Being accused of grand theft firearm is a serious matter that can lead to felony penalties and long-term consequences.
However, prosecutors must prove every element of the offense beyond a reasonable doubt, including intent to permanently deprive the owner of the firearm.
An experienced criminal defense attorney can analyze the evidence, challenge the prosecution's case, and pursue strategies that may lead to reduced charges or dismissal.
If you are under investigation or facing charges for grand theft firearm under Penal Code 487(d)(2), consulting with a California criminal defense attorney as early as possible can significantly impact the outcome of your case.
Esfandi Law Group is here to help. Schedule your free consultation today.