Aldon Smith possibly facing criminal charges for possessing illegal assault rifles

The San Jose Mercury News just reported the Santa Clara District Attorney’s Office “is leaning toward” charging Aldon Smith with possessing illegal assault rifles. If he’s charged and convicted, he could face probation or up to three years in prison.

To read more, click here.

  1. In a time when county prisons are letting real criminals go because of a lack of money. And many white color crimes (like embezzlement) not prosecuted due to expense- it seems really foolish to bring a costly suit over a weapons charge that requires specific intent.

    The DA is going to prosecute a guy who got a knifed to his gut, in his own house, for having a weapon (for protection) that reloads too quickly due to some arbitrary standard that was set by a legislative body that only 20% of the public believe does a good job in any given year.

    Good luck in finding any juror wanting to find a victim guilty who just happens to be one of the biggest stars of a football team that plays in the county. I didn’t know Santa Clara has so much money to waste.

    1. “The DA is going to prosecute a guy who got a knifed to his gut, in his own house, for having a weapon (for protection) that reloads too quickly due to some arbitrary standard that was set by a legislative body that only 20% of the public believe does a good job in any given year”. 1. He was stabbed at his own home because he hosted a party for a bunch of thugs. Guests were charged for entering and drinks. The part was filmed and is available to watch on You Tube. It’s obvious that Aldon enjoys that lifestyle. 2. If he felt he needed protection in his own home (which is odd), he could have purchased a licensed and Ca legal firearm. He didn’t. He had an illegal, fully automatic weapon. What did he do with that weapon? He impersonated Tony Montana in his front yard and shot rounds from a fully automatic weapon into the air to get his paying guests to leave. 3. AK-47′s are not illegal because they reload too quickly. They are ASSAULT RIFLES. They are made to kill people, just like other assault rifles. You can defend yourself with handgun, and you can own it legally.

      1. The fact that he had a party or charged is irrelevant. Poor decision?- sure- against residential ordinances? perhaps (depends on the zoning)… but more of a monetary issue.

        2) it is odd to have firearms in your home for protection??? So odd that it is a protected constitutional right that is excercised by MILLIONS of americans. Also the weapon itself is legal- the issue is the magazine capability. Apparently the weapon needed to be modified with a “bullet button” (by the way- these magazine bans are not even necessarily constitutional- The Supreme court has refused to hear a case based on assault weapons bans because of the fact that they would have to rule the bans unconstitutional and have yet to ok magazine bans)

        Also firing a weapon in the air as a warning is also legal- notice that Aldon Smith is not being charged with unlawful discharge of a firearm. Smith was excercising his right to self defense.

        and finally- the 2nd amendment is all about giving people the right to kill others in self defense against people and a tyranical government. Automatic weapons are the main weapon that the 2nd amendment is meant to protect. Again- this weapon itself is legal in CA- the issue is that the weapon wasn’t appropriately modified. (By the way, CA gun laws are some of the most complicated and backward in the whole US. )

      2. The law is there to protect the citizens of the state. If this were a case about some Oakland inner city youth, the opinion would be completely different. And it is exactly this sort of excuse thinking that puts these players on the pedestal.
        Number 1 is relevant to the law. Did he report the income from charging for entrance he made to the government? Did he have the appropriate liquor licenses? And the fact that 911 and the hospital were utilized are exactly why there are taxes and licenses in place.
        Are we suppose to tell the nurses, firefighters, police, doctors, and every other profession to work for free because an individual thought he was entitled to operate beyond the law?
        Aldon Smith should consider himself fortunate that he is still alive and that no one lost their life during this charade.
        Football is entertainment. Let’s not forget that. Life is fragile and it’s a great responsibility and honor to live amongst each other.

  2. Good timing, with the season starting. Maybe they (SJ Police) can wait to pick him up on Sun. Morning and book him into jail. It’s a good thing Baalke got rid of Harrelson and Johnson . Maybe Baalke can trade Smith for another 7th rounder instead of giving him a big contract.

  3. (deep sigh)
    Cali has strictest weapons regulations that I know of, so maybe Aldon didn’t know his guns were illegal here. That’s not an excuse in court though.

    1. It actually is in this case. Aldon Smith must be proved to have known that he was breaking the law by bringing the weapon into Cali. They must show Smith had criminality of the mind.

      Possessing the weapon alone isnt enough to find him guilty.

      1. Interesting. If you are correct, it would REALLY be strange to file charges that would be that hard to win in court. The only motivation I could see would be to demonstrate that the DA wasn’t playing celebrity favoritism; and that’s kinda turkey poop.

      1. Jack, thanks. I read that he has still been in a non-contact jersey in practice so I’m guessing that’s just been precautionary so he can be healthy for this game. Need a good game from him Sunday because I don’t think Rodgers will shy away from testing him.

  4. This could be very bad for Aldon. D.A. probably took a lot of heat for letting Brooks go. I think if he had just possessed the weapons, he would get fined. But the fact that he discharged them while intoxicated may do him in. I’m getting really really tired of the negative publicity surrounding this team.

    1. The team likely treated the Brooks incident in-house away from the public community.

      But if the team did/has not financially penalized or disciplined Brooks in any form, they are opening themselves up for future incidents that could damage the team culture and image for years to come.

      Having said that, I do question why the DA office took more then a year to finalize their findings.

  5. I didn’t realize that he could still be charged AFTER the police investigated and didn’t press charges. Even if the DA decides to make an example out of him, I don’t think he’ll get much more than probation or a suspended sentence.

    I won’t comment specifically on CA state gun laws (I live in NY state, we already have silliness happening in that regard for me to mix up Cali biz), there has to be some middle ground here…does it really do anything to punish him over a year AFTER the incident? My impression is that Aldon won’t be throwing any parties again anytime soon.

      1. Well….Aldon better go make a campaign donation to the DA :). Seriously this is a crappy situation for him on so many levels, mostly personal.

      2. Yes, it is. And your joke about contributions may not be far off the mark. We have to remember that, as sports fans, we may not realize how much some influential people do not like football and athletes in general. The DA may be feeling some pressure here, beyond his desire to give the appearance of not being soft on celebrities.

        There is another possibility as well. This may be a way to encourage better cooperation on the matter in which Smith is a witness. It is not unknown for prosecutors to play such games.

      3. That’s a good point…maybe the solution to Aldon getting past this is doing a few PSA’s talking against gun violence. That way Aldon, doesn’t go to PRISON, and the DA sends the message that he wants to send “no gun violence.” This is technically Aldon’s 1st offense, so this kind of deal may work. Besides, if Aldon gets off then makes a political donation, that may actually go over worst than him just getting off lol!

  6. Aldon is a witness for the prosecution … they need him to testify against the gang-bangers. I’m sure Aldon has top flight counsel and they will probably plead to a misdeamenor and he’ll get 6 months probabtion.

    The real story here is … what’s up with the cover charge and $5 drinks? BRUTAL!

  7. Even if this turns out to be a non issue legally, you still have goody two shoes Goodell handing down some form of suspension to worry about.

  8. Stupid and ignorant on Aldon’s part. I never discharge my illegal firearms at parties. As for Aldon on the field this year, if he’s allowed to play for most of it… Will he be distracted and lose focus, or will he go Ray Lewis on it by using football to shut out all the noise, and take his frustrations out on his opponents?

  9. Hopefully the DA files the misdemeanor rather than the felony charge, because that sounds more commensurate with the facts (so far).

    The ballistics report showed that the bullets in the man’s foot came from neither Aldon nor Delanie’s gun.

    Also, it sounded quite simple to make the gun legal for California. And certainly Aldon took no advantage of the illegal aspect of the gun that night.

  10. The 49ers have an opportunity to send a message to the high school sports community:
    1. Do not drink before you turn 21.
    2. Be selective about the types of parties which you attend.
    3. Do not use any illicit drugs.
    4. Realize that if you break rule #1, #2 or #3 then you might end up dead.

    Does that sound like an important message? Hope so.
    Coach Jim Harbaw: did you learn your lesson in San Diego?
    Please advise…..

  11. Why did the DA wait until after the lawsuit to respond? Had they forgotten about this case and the lawsuit reminded them of it? The timing doesn’t make sense. Either the DA was lazy and not doing their job or this is attention grabbing stunt.

  12. Nick:
    This “distraction” is certainly beyond Crab in a hotel room
    with two females in the week prior to the Super Bowl…

    So either (1) splinters in Aldon’s butt or (2) trade him.

    1. Aldon Smith hasn’t been a big enough problem to warrant trading him. Now he might be fined or maybe suspended for one half but nothing else.
      You also think that Harbaugh is the solution to a problem that has existed since before he was born. Very bright.

  13. Getting charged with “assault weapons” a made up term to make guns sound more dangerous is the fault of Californians and Americans. For letting the elected officials crap on our rights ad americans. And politics don’t eventually trickle down into our daily lives or forms of entertainment?
    He didn’t go out and rob a bank or someone, nor did he brandish one in public with the intent to threaten another person. This is what disgusts me about the state of this country and state. Pathetic!

  14. Grant, do you realistically think that if charges do get filed, Aldon will be penalized via loss of game privileges? Also, does the trade of Cam Johnson now look not very wise considering we might lose AS for some time pending the results of these charges? It seems to me the depth at that position would be sorely missed. Thanks

  15. Best Roman quote from his presser, “They’re gonna do what they do and we’re gonna do what we do. We just have to do what we do better than they do what they do.”

    1. I think G-Ro has a very funny sense of humor. He always says things in a way that says both sides of the argument, then spin it with a slight favor toward us….then he smiles lol!

  16. What a complete joke! Da what don’t you start prosecuting all the true criminals across the bay! The kid was 21 years old, he made a huge mistake and got stabbed for it! Can we please move on!

  17. Note to Colin (we must win this game) Kaepernick: you are correct.

    a Niner loss will mean much, much more than a week one loss by
    New Orleans, New England, the Giants, the Broncos or the Packers.
    Even the Eagles for that matter.
    Reason: those other QBs have long-term resumes to build on and carry them into week 2, 3, 4, etc;
    If you doubt me, Colin, just look around the locker room Sunday night, late. Tell me what you see in the eyes of your teammates……Good luck, buddy.

    1. The Giants NO! Because that’s a division game, it’s a huge to lose to a division opponent week one.

      The Saints and Falcons same thing, division game!

      As for the long term analogy, what if any of those QB’s get hurt or stink it up? It’s still a loss and highly doubt CK loses any respect of his teammates unless he turns it over 5 times which Roman and Harbaugh will never allow. They will still be ball control and run orientated.

  18. Admittedly not an attorney, I think “intent” became moot with actual possession of the weapons inside CA, a violation of the law. Could be wrong on that.
    All that aside, how many parties have you attended that require a paid admission, charge for beverages and announce “party’s over” by the indiscriminate discharge of military grade weaponry, resulting in gunshot wounds? Good god, what were they thinking?
    We cover for Aldon because of his incredible athletic gifts and value to our team. However, it might be time to start thinkng that he is trouble for that team. His actions intimates serious failures of judgement (this is not the first issue that brings his character into question). What’s next? Personally, I’d feel very uncomfortable living next door to this man. The high character of this team, as espoused by their coach, is sounding hypocritical. The team is going to need to address this harshly, perhaps bite the bullet and suspend him, regardless of league action, to continue to fly the banner as a high-character team. They need to make a strong statement to show a zero tolerance for criminal behavior. Otherwise, I fear the team will become populated with more “characters”.

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