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Update on Reuben Foster gun charge

The two sides argued over whether it should be a felony or misdemeanor.

The big story on Thursday was Reuben Foster’s ex-girlfriend recanting her statement regarding a physical attack by the San Francisco 49ers linebacker. The judge will rule this coming Wednesday whether or not Foster will stand trial, but it sounds like she will also address the gun issue.

Foster was charged with three felonies, including illegal possession of an assault weapon. The testimony on Thursday focused on the first two felonies, which included domestic violence and forcefully attempting to prevent a victim from reporting a crime. If the judge decides to believe the most recent statements by the accuser, it would not be surprising to see the two charges dismissed.

The gun charge has been a little less clear. The accuser originally told the police Foster had a pair of AR-15s, but it has subsequently been clarified as a SIG Sauer 516 short-barreled rifle. If it is determined the accuser lied about the domestic violence incident, that does not in turn make the search illegal.

However, according to The Athletic’s David Lombardi, there was a debate over whether Foster should be charged with a felony or misdemeanor.

The charge is a wobbler, which means the DA could choose to charge it as a felony or as a misdemeanor. The judge will decide where that stands when she decides what to do about the other charges. The decision is due at 3:30 p.m. PT on Wednesday, May 23rd.