In what circumstances will a defendant be found with an unloaded pistol in his home after a police search and seizure?

Defendant cites People v. Balbuena (1992) 11 Cal.App.4th 1136, a drug possession case, as factually similar to this case.² Balbuena is inapposite. There, officers entered a home 30 seconds to a minute after knocking and announcing their presence. They found the defendant lying on the floor. They also found a suitcase containing an unloaded pistol. No ammunition was found in the home. The court noted: "About 10 or 12 feet, and an extended sofabed, separated defendant from the suitcase[]." (Id. at p. 1138.) The court held there was insufficient evidence the defendant was personally armed with a firearm as required by former section 12022, subdivision (c). (Id. at p. 1139.) "Armed" meant on the defendant's person or available for offensive or defensive use. (Ibid.) The court reasoned: "The gun

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