California Penal Code §487(d)(2) — Grand Theft of a Firearm
PC §487(d)(2) makes theft of any firearm — regardless of value — grand theft, a straight felony, and a serious-felony strike under PC §1192.7(c)(26). Exposure is 16 months, 2, or 3 years in state prison, plus lifetime firearm prohibition under PC §29800. Unlike other §487 subdivisions, §487(d)(2) is not a wobbler — it cannot be reduced to a misdemeanor under §17(b). A conviction doubles all future felony sentences under the Three Strikes Law and triggers a 5-year prison prior under §667(a).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Grand Theft of a Firearm Cases in All LA County Courts
01 — Quick Facts
PC §487(d)(2) — Grand Theft of a Firearm at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §487(d)(2) — Grand Theft of a Firearm |
| Code Type | Penal Code (PC) |
| Classification | Straight Felony |
| Penalty | 16 months, 2, or 3 years state prison |
| Value Threshold | None — any firearm value |
| Strike | YES — serious felony under §1192.7(c)(26) |
| 5-Year Prior | YES — §667(a) qualifying |
| Firearm Ban | Lifetime prohibition — §29800 |
| §17(b) Reduction | NOT AVAILABLE — straight felony |
| Immigration | Aggravated felony / CIMT |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §487(d)(2)?
What Is California Penal Code §487(d)(2)?
PC §487(d)(2) Reads:
"Grand theft is theft committed in any of the following cases: ... (d)(2) When the property taken is a firearm."
— California Penal Code §487(d)(2)
§487(d)(2) was elevated to a straight felony and a strike offense by Proposition 63 (2016), overriding Proposition 47's general theft threshold. The statute reaches any theft of a firearm — no minimum value, no wobbler treatment, no §17(b) reduction. The 'firearm' element applies whether or not the weapon was operable, loaded, or accessible. Common LA fact patterns include vehicle burglaries where a firearm is discovered inside, home burglaries where firearms are among stolen property, and gun-show / range thefts.
Why This Law Matters
§487(d)(2) is one of California's most severe theft offenses — a strike, a §667(a) prior, and a lifetime firearm ban with no misdemeanor path. Defense strategy centers on the firearm element itself: was it actually a firearm under §16520; did the defendant know it was in the taken property; and was the taking actually a theft or a receiving-stolen-property scenario. Rubin Law defends by challenging the firearm characterization, negotiating reduction to §496 receiving stolen property, and litigating strike-avoidance plea structures.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §487(d)(2)
The People must prove each element beyond a reasonable doubt.
Theft — General Elements
Taking of property belonging to another, without consent, with intent to permanently deprive.
Property Taken Was a Firearm
PC §16520 defines firearm — any device from which a projectile is expelled by force of an explosion or other combustion.
Knowledge That It Was a Firearm
Case law requires knowledge that the item was a firearm — not merely that some object was in the taken property.
Specific Intent
Intent to permanently deprive at the time of taking.
04 — Penalties
Penalties for PC §487(d)(2) Grand Theft of a Firearm in California
Penalty structure and enhancements for this offense.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §487(d)(2) Felony | PC §487(d)(2) | 16 months, 2, or 3 years state prison | Limited — court discretion | YES — serious felony |
| Second Strike (with prior) | PC §667(e)(1) | Doubled — 32 mo, 4, or 6 yrs prison | None | STRIKE |
| Third Strike (2 priors) | PC §667(e)(2) | 25 years to life | None | STRIKE |
| 5-Year Prior | PC §667(a) | +5 years consecutive per prior | N/A | N/A |
Related Enhancements & Charges
Three Strikes Doubling
PC §667(e)
Second strike doubles the base term.
5-Year Serious-Felony Prior
PC §667(a)
Consecutive 5-year enhancement per prior strike.
Lifetime Firearm Prohibition
PC §29800
Lifetime firearm possession ban.
Companion §211 Robbery
PC §211
Where force or fear used — additional strike.
Beyond the Sentence
- Lifetime firearm possession ban under §29800
- Serious-felony strike under §1192.7(c)(26) — future felonies doubled
- §667(a) 5-year prior for any future serious felony
- Aggravated-felony immigration exposure — deportation
- Professional-license loss — most licensed professions
- Loss of federal firearm rights under 18 U.S.C. §922(g)
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §487(d)(2) Grand Theft of a Firearm Charges
Rubin Law, P.C. defends this offense through the following strategies.
Not a Firearm Under §16520
Inoperable weapons, disassembled parts, antique / pre-1899 firearms, and airsoft / BB / pellet guns fall outside §16520. Rubin Law audits the weapon characterization.
PC §16520
No Knowledge of Firearm
Vehicle-burglary and package-theft cases where defendant did not know firearm was inside the taken property defeat the knowledge element. People v. Sanchez knowledge requirement.
People v. Sanchez
Reduction to §496 Receiving Stolen Property
Where defendant did not commit the initial taking, negotiated plea to §496 receiving stolen property (a wobbler, non-strike) is a critical alternative.
§496 Reduction
Claim of Right / Consent
Family disputes, roommate situations, and inherited-firearm disputes frequently involve genuine claim-of-right — defeating theft intent.
Claim of Right
Mistaken Identity
Firearm-theft cases frequently involve show-up ID, blurry video, and multi-suspect scenarios. Rubin Law challenges eyewitness reliability aggressively.
ID Challenge
Romero Motion (Strike Dismissal)
Under People v. Romero, court may dismiss the strike allegation in furtherance of justice. Youthful offender, minimal record, and rehabilitation factors support Romero relief.
People v. Romero
Constitutional Sources
07 — Court Process
How PC §487(d)(2) Grand Theft of a Firearm Cases Move Through Los Angeles Courts
Typical case flow through the LA County courts.
- 1
Step 1 — Arrest / Search
Firearm-theft cases frequently involve vehicle stops and residential searches. Do not consent to search or questioning.
- 2
Step 2 — Filing / Arraignment
DA files felony §487(d)(2) with strike allegation and, if applicable, §667(a) prior. Bail argument central.
- 3
Step 3 — Preliminary Hearing
Firearm characterization, knowledge, and identification litigated. Rubin Law aggressively pushes for §496 reduction at prelim.
- 4
Step 4 — Motion Practice
Romero motions, suppression (§1538.5), Sanchez / eyewitness challenges, and Pitchess on arresting officers.
- 5
Step 5 — Plea Negotiation
Primary targets: reduction to §496 (non-strike wobbler), strike-avoidance structuring, and §1170(h) county-jail placement.
- 6
Step 6 — Trial or Sentencing
Trial defense focuses on firearm characterization and knowledge. Sentencing targets Romero relief, low term, and mitigated placement.
Los Angeles Courts That Handle PC §487(d)(2) Grand Theft of a Firearm Cases
Filings are venued in the courthouse serving the taking location.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Grand Theft of a Firearm Defense Attorney
Daniel S. Rubin has defended clients charged with grand theft of a firearm and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §487(d)(2) in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Grand Theft of a Firearm Cases Throughout LA County
09 — FAQs
PC §487(d)(2) Grand Theft of a Firearm Questions — Los Angeles
What is PC §487(d)(2)?
PC §487(d)(2) makes theft of any firearm — regardless of value — a straight felony and a serious-felony strike. Exposure is 16 months, 2, or 3 years state prison, plus lifetime firearm prohibition and §667(a) 5-year prior status.
Is §487(d)(2) a strike?
Yes. Under PC §1192.7(c)(26), grand theft of a firearm is a serious felony strike — future felonies doubled under the Three Strikes Law, and each prior triggers a 5-year §667(a) enhancement.
Can §487(d)(2) be reduced to a misdemeanor?
No. §487(d)(2) is a straight felony — it cannot be reduced to a misdemeanor under §17(b). The only reduction path is negotiated plea to a different offense such as §496 receiving stolen property.
What is the value threshold?
There is no value threshold. Any firearm — even a $50 rusted revolver — triggers §487(d)(2) grand theft, felony status, and strike consequences.
What if I didn't know a firearm was inside?
Knowledge is required. If you took a vehicle or a bag without knowing a firearm was inside, §487(d)(2) fails — but companion charges may still apply. Under People v. Sanchez, knowledge must be proven beyond a reasonable doubt.
Does §487(d)(2) apply to airsoft or BB guns?
No. PC §16520 defines firearm as a device that expels a projectile by explosion or combustion. Airsoft, BB, and pellet guns are excluded — they operate by air / spring pressure.
What are the immigration consequences?
§487(d)(2) is an aggravated felony (theft over 1 year) and a CIMT — mandatory deportation and permanent inadmissibility. Immigration-safe alternative pleas are essential.
Available 24/7 — Free Consultation
Charged with PC §487(d)(2) Grand Theft of a Firearm? Call Rubin Law.
§487(d)(2) is a straight-felony strike with lifetime firearm ban and no §17(b) reduction path. Rubin Law, P.C. defends by challenging firearm characterization, negotiating §496 reduction, and litigating Romero strike relief. Call (213) 723-2337.