Vallejo, CA asked in Criminal Law for California

Q: Is it illegal for an 18 year old on probation to take pictures hold his 23 year old brother gun with him?

My boyfriend's brother just turned 18 in September and he was on probation as a minor and it carried over after he turned 18. My boyfriend has two firearms that he keeps in a safe with the ammo that his brother doesn't know that code to. He and his brother took some pictures of them both holding the fire arms. Now because of the terms of the probation he has a search and seziure and the police took the gun boxes (empty) and the safe with one of the firearms and a bunch of ammo in it. They are holding his brother for possession and they are asking my boyfriend to bring his 9mm down to the police station which is at my house. Can the brother be charged with possession because of the picture? Can my boyfriend get his gun safe back with the ammo and 22 in it? Do they have a right to confiscate the 9mm?

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1 Lawyer Answer
David Michael Lehr
David Michael Lehr
  • Criminal Law Lawyer
  • Ventura, CA
  • Licensed in California

A: If the brother could not possess weapons because of a juvenile conviction, there are several issues.

1) If brother truly could not access the safe, then your BF should get the safe back.

2) the picture may be enough for a probation violation on the brother.

3) And also maybe a new adult charge for 29800 P.C.

Good luck!

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