Can a gun spec be added to a receiving stolen property of a gun charge?
4 attorney answers
There are two types of gun specifications. One is the open, active use of the gun during the offense, called brandishing, the other is passive possession to in some way facilitate the crime. The latter carries a lesser prison sentence. You raise a good point though. The state cannot, what lawyers call, "bootstrap" the gun spec. In other words, the underlying offense itself cannot necessarily be possession of the gun. You should set an appointment with a lawyer to see if your son merely possessed the gun as a necessary element of receiving stolen property, or did something else with the gun during the offense.
It sounds weird, but without knowing the facts there's no way to know if it is improper.
Your son needs to hire an attorney and start evaluating the evidence.
These answers provided by Sean P. Martin, Esq. are not intended nor shall it be deemed to be the rendering of legal advice. The answers above are given based on the information provided, which is insufficient to give meaningful legal advice. These answers shall not be construed as part of the creation of an attorney-client relationship, nor shall it impose an obligation on the part of the attorney to respond to further inquiry. The Questioner has responsibility of obtaining legal advise from an attorney and is urged to do so.
A specification just means that a gun was used or was there during the commission of a felony. It is a bit odd to get hit with receiving a stolen gun and a gun specification.