People v. Jeffers

41 Cal.App. 4th 917 (1996)

Facts

Jeffers (D) entered Chuck's Gun Works and dropped off a box that had been wrapped in a paper bag. When the shop owner opened the box, he found a .380 caliber handgun. D was leaving the shop when the shop owner asked D for more information at which point D gave him his name, address, and telephone number. The shop owner noticed that the serial number had been ground off and reported this to federal authorities. They, in turn, contacted D to find out more information. D was an ex-felon but told police that he had merely dropped off the wrapped package for a friend by the name of Kent Johnson. No such person was located by the authorities who charged D with possession of a firearm by an ex-felon. At trial, there was evidence to lend credibility to D's story, but the trial judge refused D's offered instructions regarding knowledge of the possession of a gun. D was convicted and appealed.