49ers Linebacker Faces Gun Charges After Party Shootout Assault weapons found after violent fracas By Kevin Spak, Newser Staff Posted Oct 10, 2013 12:18 PM CDT 14 comments Comments In this Sept. 22, 2013 file photo, San Francisco 49ers linebacker Aldon Smith (99) stands on the field before an NFL football game against the Indianapolis Colts in San Francisco. (AP Photo/Marcio Jose Sanchez) (Newser) – Embattled 49ers star Aldon Smith has been charged with three counts of illegally possessing assault weapons, stemming from a party-turned-shootout at his San Jose-area abode last year. According to prosecutors, Smith, 24, was hosting upward of 100 people at his home last June when someone pulled a gun on the party's bartender, the San Francisco Chronicle reports. Smith decided it was time to break up the party—and toward that end, fired a .45 caliber handgun into the air. Far from taking the hint, the partygoers refused to leave; one instead pulled a knife and stabbed Smith twice. Smith's then-teammate Delanie Walker grabbed Smith's gun and fired it in the air again—only this time another person shot back, hitting two guests. When police arrived, they found five guns, including assault rifles, which are illegal in California, and high-capacity magazines. Smith is expected to surrender himself later this month; he's already on an indefinite leave of absence from the 49ers thanks to a drunk driving incident, according to ESPN.