Adam Gitschlag, the suspected ringleader and Iraq war veteran, was arrested at his home in Orange County for his alleged role in the illegal firearms scheme. Other individuals, including a Navy SEAL in San Diego, were also arrested and charged with smuggling machine guns from Iraq for the purpose of selling them on the black market.

The arrests were made as a result of investigations carried out by the joint efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and local law enforcement agencies.

According to investigative documents, Gitschlag allegedly oversaw the sale of two cases containing firearms, including an AK-47 rifle, two Russian and Romanian variants of the weapon, and two other semiautomatic rifles. According to the ATF, Gitschlag and another former marine met with some men, including a Florencia 13 street gang member, at a Pasadena post office parking lot and sold them the weapons for $6,000. Unbeknown to Gitschlag, one of the men was actually working as an ATF informant.

In the presence of the Florencia 13 gang member, the informant asked Gitschlag if he would be will to sell firearms to other gang members in the future. According to the search warrant affidavit, Gitschlag replied that he would.

When asked about his connection to the firearms sales, Gitschlag denied the charges as “definitely untrue” and further stated that he is a private weapons collector who loves his country.

Since California law dictates that it is illegal to own or sell unregistered assault weapons, Gitschlag will likely face felony charges that includes California Penal Code Section 12280. This statute punishes any person within the state who manufactures, distributes, transports, imports, keeps for sale, or offers for sale any assault rifle or .50 BMG rifle.

Gitschlag could serve four, six, or eight years in state prison if he is convicted. Additional sentence terms may also be added depending on the emerging circumstances of his case like multiple counts or other aggravating factors.

If you find yourself similarly charged with possessing or distributing unregistered assault rifles, or other dangerous weapons, you should seek the counsel of an experienced criminal defense attorney. Among the defenses that an attorney can raise on your behalf is the fact that the weapons may have been discovered during an illegal search by police. Every citizen of the United States is guaranteed the protection of the 4th Amendment against unreasonable searches and seizures by police without a warrant. Depending on your circumstances, an attorney can argue some defect in police procedure in carrying out the search that would render any resulting evidence unusable in trial. If your attorney can successfully throw out such key evidence, the charges against you may be reduced or dismissed altogether.

At Wallin & Klarich, our Orange County attorneys have been in practice for over 30 years and will diligently put that experience to use in helping you overcome your weapons charge. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

If you or a loved one is facing firearm charges, contact the Criminal Defense attorneys at Wallin and Klarich. In the state of California, the laws involving firearms are very complicated and extensive. We at Wallin and Klarich understand these laws and have years of experience defending clients against firearm charges like carrying a concealed weapon, brandishing a weapon, and possession of firearms. Call the Wallin and Klarich Orange County criminal defense attorneys to start investigating the facts of your case and planning your defense.

Recently, the California Court of Appeal held that a defendant who was found not guilty of murder, attempted robbery, kidnapping by a jury could not later be found guilty of being in possession of a firearm.

Two years ago, three men entered a home in an attempt to rob it and one of them shot and killed a man in the home. The defendant was charged with murder, attempted robbery, kidnapping and being a felon in possession of a firearm. The defendant was able to sever the firearm charge from the others and went to trial on the other charges.

The jury determined that the defendant was not guilty beyond a reasonable doubt, therefore he was not the shooter and was acquitted. However, the trial court later found that the defendant was guilty of being in possession of a firearm.

The Court of Appeal disagreed; they stated that the only issue at jury trial was the identity of the shooter and since the jury determined that the defendant was not the shooter, there is no way he can be guilty of possessing a firearm. Therefore, the Court of Appeal reversed the trial courts decision.

It is important to contact a criminal defense attorney who can provide clarity in terms of your rights under the Constitution. If you or someone you love has been accused of a crime in California, contact the skilled Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-749-0034 or www.wklaw.com for a consultation of your case. We can help you.