Taking a Firearm from a Police Officer in California

Penal Code 148(d) PC Explained

Attempting to take a firearm from a police officer in California is treated as an extremely serious offense because of the immediate danger it creates for officers, bystanders, and the public. This conduct is criminalized under Penal Code 148(d) PC.

Even if the attempt is unsuccessful and the firearm is never removed from the officer's control, the act alone can result in misdemeanor or felony charges, depending on the circumstances.

What is Penal Code 148(d)?

Penal Code 148(d) makes it a crime to remove, take, or attempt to remove or take a firearm from the person or immediate presence of a peace officer or public officer while the officer is performing lawful duties.

Importantly:

The law does not require intent to steal the weapon permanently
The crime focuses on the attempt itself
The prosecution must prove specific intent to take the firearm

The statute targets conduct that escalates ordinary resisting-arrest situations into potentially deadly encounters.

What Does the Prosecution Have to Prove?

To secure a conviction under PC 148(d), prosecutors must prove beyond a reasonable doubt that:

The victim was a peace officer or public officer
The officer was lawfully performing their duties
The defendant specifically intended to remove or take the firearm
The defendant committed a direct but ineffective act toward taking the firearm

The statute itself lists examples of qualifying conduct, including:

Unfastening the officer's holster strap
Partially removing the firearm from the holster
Releasing the firearm's safety
Touching the firearm while stating intent to take it (with corroboration)
Attempting to grab the firearm after it falls during a struggle
Fingerprints or forensic evidence showing contact with the firearm or holster

Accidental contact or incidental touching alone is not enough. The prosecution must show intent.

Examples of Penal Code 148(d) Violations

Example 1 – Holster Strap
During a confrontation, a person unsnaps an officer's holster strap while reaching toward the weapon. Even if the firearm is never removed, this can establish specific intent.

Example 2 – Dropped Firearm
During a struggle, an officer's firearm falls to the ground. The suspect lunges toward it but is stopped. This conduct qualifies as an attempted taking.

Penalties for Taking or Attempting to Take a Police Firearm

Penal Code 148(d) is a wobbler, meaning it may be charged as either a misdemeanor or a felony.

Misdemeanor

Up to 1 year in county jail

Felony

16 months, 2 years, or 3 years in county jail under realignment

Charging decisions often depend on:

Level of force used
Whether anyone was injured
Defendant's criminal history
Whether the firearm was actually removed
Presence of additional charges (battery on an officer, resisting arrest)

Common Legal Defenses to PC 148(d)

Being charged does not mean a conviction is inevitable. Possible defenses include:

Lack of Specific Intent

If contact with the firearm occurred accidentally during a struggle, the required intent may be missing.

Insufficient Evidence

Fingerprint evidence, witness testimony, or forensic proof may be unreliable or inconclusive.

Mistaken Identity

In chaotic encounters involving multiple people, officers or witnesses may misidentify who attempted to take the firearm.

Unlawful Police Conduct

If the officer was not lawfully performing their duties, the statute may not apply.

An experienced defense attorney will evaluate body-worn camera footage, forensic evidence, and witness statements to identify weaknesses in the prosecution's case.

Why Early Legal Representation Matters

Charges under Penal Code 148(d) often accompany:

Early intervention can:

Prevent charge escalation
Preserve favorable evidence
Challenge intent allegations
Influence filing and charging decisions

The earlier a defense strategy is developed, the more options are available.

Speak With a California Criminal Defense Attorney

If you are under investigation or arrested for attempting to take a firearm from a police officer, the consequences can be severe and long-lasting. Immediate legal guidance is critical.

Contact Eisner Gorin LLP in Los Angeles at 818-781-1570 for a confidential case evaluation regarding Penal Code 148(d) charges.

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