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« Oral argument in US v. Castleman | Main | Another example of dumb crooks »

Sean Penn and firearms laws

Posted by David Hardy · 15 January 2014 07:47 PM

Sean Penn (whoever he is) has his girlfriend (whoever she is) talk him into melting down his 65 guns. David Codrea asks a simple question: given that Penn has a domestic violence conviction, what is he doing with 65 guns, or even one, in the first place? Celebrities have different rules, I suppose, especially in California.

4 Comments | Leave a comment

Flighterdoc | January 15, 2014 9:34 PM | Reply

Aren't those still firearms? Were they transferred legally?

Jim D. | January 16, 2014 2:06 PM | Reply

If the firearms are in someone else's name, when this guy presents them for destruction are they legally in his possession at that time, or has he purloined someone else's possessions? Can a prohibited person present another's firearms for destruction without the lawful owner's presence? What would stop a gang-banger from pleading innocence because he was on his way to a buy-back with someone else's gun?

Mannie | January 18, 2014 8:10 AM | Reply

If the weapons are under your control, you are in possession of them.

Wade | January 20, 2014 5:25 AM | Reply

Not to defend Penn, but it's entirely possible that he pled to a misdemeanor other than domestic assault. The story at the link is very short on details about what happened. He could have pled to simple assault (omits the "family or household member" element) or disorderly conduct or some other misdemeanor.

It's also possible that his plea agreement allowed for a deferred adjudication and dismissal of the domestic assault charge, which result would not count as a conviction.

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