November 10, 2013; San Francisco, CA, USA; San Francisco 49ers outside linebacker Aldon Smith (99) rushes against Carolina Panthers tackle Nate Chandler (78) and tackle Byron Bell (77) during the second quarter at Candlestick Park. Mandatory Credit: Kyle Terada-USA TODAY Sports

49ers LB Aldon Smith appears in court on felony gun charges

San Francisco 49ers outside linebacker Aldon Smith appeared in court today to be arraigned on three felony counts of possessing an illegal assault weapon, according to the ABC affiliate in San Francisco.

Smith entered an in-patient treatment facility to address a substance abuse problem after the linebacker received his second DUI back in September.  He spent about a month at the facility and played his first game back with the 49ers on Sunday.

Smith didn’t record a tackle in that game – in limited action – and was reportedly not happy with his role.

‘Not really,” Smith said, when asked if he was content with his role on Sunday against the Carolina Panthers, according to Matt Maiocco at CSN Bay Area.

“I’m a competitor,” he continued, “and I want to be on the field, but whatever works. The season is long, so we’ll see how it goes.

“I don’t really call those shots. I just put my clothes on, put my cleats on and play.”

Of course the 49ers lost 10-9 to the Panthers, so frustration was undoubtedly boiling over.

Smith was charged with the three felonies after police discovered assault weapons that are illegal in California — but legal in Arizona where he purchased them – at a house party hosted by the All Pro.

From the ABC report:

Prosecutors have said that Smith purchased the three rifles on two occasions in 2011 while in Arizona. Two were bought in Phoenix on Dec. 10 of that year, a day prior to the 49ers’ game against the Arizona Cardinals.

The three rifles are legal in Arizona, but it is a felony to possess one in California, according to Santa Clara county Deputy District Attorney Brian Buckelew.

As to the purpose of Tuesday’s court date…

Smith may enter a plea to the charges, and the judge will then set the next court date in the case and allow Smith to review discovery in the case provided by prosecutors, Deputy District Attorney Brian Buckelew said.

Tags: Aldon Smith Carolina Panthers NFL San Francisco 49ers

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