A San Diego County man who spent six days in a Mexican jail after mistakenly crossing the border with a legally owned firearm is suing California’s Attorney General for a determination on whether or not he can lawfully possess firearms.
In a newly filed lawsuit, obtained by Times of San Diego, Thomas Close was driving southbound on Interstate 5 on his way to a client’s house.
His mapping app, however, failed to alert him before missing the last U.S. exit, taking him into Mexico.
Mr. Close, who possessed a concealed carry permit, had a Heckler & Koch P2000 V3 handgun, a gun magazine and ammunition in his vehicle at the time.
After learning his mistake, Mr. Close, according to his lawsuit, immediately went to Mexican authorities to inform them of his mistake.
Law enforcement officers, however, detained Mr. Close on charges of carrying guns, ammunition and a magazine into the country.
Mr. Close was transported to jail, where he remained for six days, according to the complaint.
Unable to speak or understand Spanish, Mr. Close waited for his court hearing. On April 3, 2025, Mr. Close agreed to enter a guilty plea and pay 10,000 pesos as well as surrender his gun and ammunition in exchange for his release.
“Feeling he had no other choice, and genuinely fearing for his life and safety in a Mexican jail, [Mr. Close] agreed to plead what he understood and believed to be a guilty/no contest plea to the charge of possessing a magazine, in order to be released immediately, with the payment of a fine and forfeiture of the firearm,” reads the lawsuit.
Unbeknownst to him, Mr. Close was in fact found guilty of all charges and sentenced to three years in prison. While his prison term was lifted, Mr. Close left Mexico as what in the U.S. would be considered a felon.
Under California Law, it is against the law for any person to possess a firearm if they have been convicted of a felony in “any other state, government, or country.” Violating PC 29800 could result in up to three years in prison and a $10,000 fine.
For several months, according to the lawsuit, Mr. Close contacted Ca. Attorney General Rob Bonta’s Office and the Bureau of Firearms for clarification and for help but have thus far been unsuccessful.
“[California’s Attorney General and Director of the Bureau of Firearms] has provided equivocating answers that suggest that the Mexican convictions do not render [Mr. Close] a ‘prohibited person’ here, but they refuse to put that suggestion in writing. [Mr. Close’s] counsel has been asking a Deputy Attorney General for six months to look at the Mexican court records to get a clear determination as to whether Plaintiff’s convictions are considered a ‘felony’ that would disqualify him, but Defendants refuse to do so,” reads the lawsuit.
Mr. Close’s lawsuit now seeks a determination to be made.
“For this reason, [Mr. Close] has been unable to exercise his rights under the Second Amendment of the United States Constitution, and therefore seeks declaratory relief to vindicate his rights under the law.”
The lawsuit will now make its way through the courts.
