Ray Hill
- Ref # CAC10027
- February 15, 2025
Appeals Ruling Highlights “Readily Available” Ammo When Charging Assault with Unloaded Gun
By Ray Hill
Professor Emeritus
Santa Rosa Junior College
Rule
Assault with a firearm (245(a)(4) P.C.) can be committed with an unloaded gun when the defendant has ammunition readily available and has the means to load the firearm immediately
Facts
The defendant, a convicted felon, was involved in a verbal altercation with four others at a gas station in Helendale in San Bernardino County. He retrieved a 12-gauge Mossberg shotgun from the trunk of his car, racked the slide several times (no shells were ejected), and pointed the gun at each of the victims while making threats to kill them (“You bitches going to get it,” “I’m from Peckerwood ....
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