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Nephew Arrested with my Pistol…Will I Be Affected?

February 11, 2010 Legal Issues, Out-of-State Carry, State Firearms Laws No Comments

Question: My nephew had my 9mm pistol as I let him use the firearm to go target practice shooting while he was visiting family in CA. He got pulled over with my 9mm loaded while intoxicated and is now being charged with carring a loaded concealed firearm along with a DUI.  Will this have any affect on my CCW in Arizona since it is my gun that he had in his possession?

Answer: Fortunately for you, it will not.  While it is not always a good idea to load out firearms, as long as he was legally able to possess a firearm in Arizona, it was legal for you to loan it to him.  It was NOT very smart of him to take your firearm to California without having a complete understanding of the laws there.  Based on my understanding of California law, the weapons charge is far more serious than the DUI.  Having a loaded, concealed firearm in his possession alone carries a penalty of up to one year in jail and a fine of up to $1000.  I’m sure that they firearm was confiscated.  You may wish to contact the Police Department that arrested your nephew and see if there is a way for you to recover your firearm.  I’m guessing that you would not be in a position to recover it until after the case is tried since it would most likely be considered to be evidence.  For future reference, I would be very careful about traveling to California with a firearm in the future.

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