Carrying Concealed Firearm, Airport Court Judicial Diversion

Our client, age 29, was invited by friends to meet up and play golf at Top Golf in El Segundo.  Our client was a Navy veteran and was now an electrical engineer in the San Diego area.

He had no prior criminal history except for a DUI he suffered while in the Navy and while stationed in Washington state.

He also had a few firearms.  For reasons even he himself did not fully understand, he decided to carry his firearm, loaded, while playing golf with his friends.

After nine holes, the group went to course’s restaurant and had a few drinks.  A waitress there could see the outline of the firearm in our client’s pant pocket and called 911. 

The El Segundo Police Department came to the course and found our client just about to leave, as he was walking out of the restaurant to get in his car and drive back to San Diego.

Officers asked him if he was carrying a concealed firearm and he said he was.  He then pulled out his loaded nine millimeter handgun and handed it over to the police.  Police asked him why he was carrying it and he told police that he had a concealed carry license from Washington state, which police were unable to verify.  The firearm also was not registered to our client, although he also told police he bought it in Washington in an attempt to excuse the lack of registration.

Our client was then arrested for violation of Penal Code § 25400(a)(2), carrying a concealed firearm, and released on his own recognizance after signing a promise to appear in the Airport Courthouse in about three months.

Once the client returned to San Diego, he called Greg Hill & Associates and spoke with Greg about his case.  He explained what had happened and wanted to know if he would be serving any jail time.  He wanted to know if the case could be dismissed because he believed he would be fired if he was convicted of another crime (in addition to his DUI).

Greg explained how such cases are generally handled and discussed judicial diversion with him and what that involved.  Greg also explained veteran’s diversion under Penal Code § 1001.80 and explained how judicial diversion should probably be used now, not veteran’s diversion, because veteran’s diversion can only be used once and it applies to DUI, which judicial diversion does not.  So, just in case the client received a DUI in the future, he should keep veteran’s diversion available for that.

Greg also recommended that the client immediately enroll in and complete a firearm safety course.  Greg gave the client a phone number and address to a course provider in Torrance, as the client often came up to Los Angeles from San Diego.  The client then did that within one week and emailed Greg the small certificate he was given for completing the course.

Greg then appeared in the Torrance Superior Court for our client and received the police report and discussed the case with the assigned district attorney.  The People’s offer involved our client being placed on one year of informal diversion and having a conviction.

Greg told the prosecutor and the judge that he would therefore file a motion for judicial diversion, which Greg then did.

In ruling on the motion for judicial diversion, the judge explained on the record that he “really struggled with this case.”  He said he strongly considered denying the motion (which we think would be improper because judicial diversion is only unavailable for domestic violence, DUI, elder abuse, child abuse, stalking and crimes requiring registration under Penal Code § 290 (sex offenses)).

Nonetheless, Greg listened to the judge explain that he decided to grant judicial diversion because our client immediately took the firearm safety course and showed immediate acceptance of responsibility.  However, the judge warned our client that he may have to report his arrest to Washington if he in fact did have a concealed carry permit.  The judge also scolded our client for consuming any alcohol while having a loaded firearm in his possession.

The terms of diversion for our client were harsh: one year of diversion with an obligation to perform 40 hours of community service, pay a $100 diversion court fee, attend 26 Alcoholics Anonymous (AA) meetings, write a letter of apology to Top Golf, stay away from all Top Golfs and surrender his firearm and ammunition for destruction.

Our client gladly accepted such terms, as he wanted to keep his job above all else.

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