People v. Nelson CA3

BACKGROUND

In September 2020, Butte County Sheriff’s officers responded to a report of gunshots at defendant’s residence. When they arrived, the officers observed that

1 defendant “smelled of alcohol and was slurring his words.” Defendant told them he did not hear any gunshots and that he was, in fact, “a felon who couldn’t own firearms.” Defendant’s mother told a different story. She said that prior to their arrival, defendant was in the backyard shooting an “AR-15 style rifle.” After receiving permission, officers searched the residence. They found a “short barreled AR-15 style rifle” in the garage. The rifle was “loaded with a high capacity magazine and had a round chambered.” In the garage they also found two .22-caliber rifles (one with a round chambered) and several types of ammunition. Two of the firearms did not have serial numbers. In the master bedroom of the house, a 12-gauge shotgun was found along with “two cans containing shotgun rounds.” In defendant’s bedroom they also found a surveillance system. The People subsequently charged defendant with several criminal acts including possession of an assault weapon (Pen. Code, § 30605, subd. (a))1 and possession of a…