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Felon Firearm Possession in California: What You Need to Know
So, you’re a felon in California – and you’re wondering if you can legally own a gun. The short answer? No, you absolutely cannot. But, take a deep breath – this article will explain everything you need to know about felon firearm possession laws in the state.We’ll cover the key legal details, real-life examples of how these laws play out, and most importantly – what to do if you find yourself charged with a felon in possession offense. It’s a complex issue, but we’ll break it down in a way that’s easy to understand.
The Basics: California’s Felon in Possession Law
Under California Penal Code 29800 PC, it is illegal for certain groups to own, purchase, receive, or have any firearm in their custody or control. This includes:
- Anyone convicted of a felony
- Narcotic drug addicts
- Those convicted of certain misdemeanors
The law doesn’t mess around – it applies to felony convictions from any state, the federal government, or even other countries. So if you have a felony on your record, anywhere, you cannot legally possess a gun in California. Period.1But what exactly constitutes “possession”? The law defines it pretty broadly:
- Actual possession means you have direct, physical control over the firearm. Easy enough.
- Constructive possession means you have the right to exercise control over the firearm, even if it’s not on your person.2 For example, a gun locked in your home safe would qualify.
The penalties for felon in possession are no joke. We’re talking 16 months to 3 years in state prison for a first offense.3 Have a prior strike on your record? That sentence could be doubled to 32 months to 6 years.4 Not worth the risk.
When Possession Isn’t So Clear Cut
Okay, so the law prohibits felons from owning guns. But what if the firearm wasn’t technically yours? What if you were just “holding it for a friend”? The courts have seen every excuse in the book – and they aren’t buying it.Here’s an example: let’s say the police search your home and find a gun. You claim, “Oh, that’s not mine, officer – it belongs to my roommate!” In that scenario, you could still be charged with constructive possession, since the firearm was located where you lived and had control over the premises.The same goes for vehicles. If a felon is pulled over and there’s a gun in the glovebox or trunk, they’ll likely face possession charges – even if they say the car wasn’t theirs.1 The law doesn’t require you to physically hold or own the gun to face penalties.So what if you just briefly held someone else’s gun, say to inspect it or hand it back? Unfortunately, that likely constitutes momentary possession, which is still illegal for felons.2 The courts have ruled that possession can be established by even a few seconds of actual control over a firearm.The takeaway? Don’t try to find loopholes. If you’re a convicted felon in California, steer clear of any and all firearms, period. Possessing one, even briefly or unintentionally, opens you up to serious criminal charges.
When Your Status as a Felon is Unclear
In some cases, it’s not so black and white whether someone qualifies as a felon prohibited from possessing firearms. This often comes up with wobblers – crimes that can be charged as either felonies or misdemeanors depending on the circumstances.Take petty theft, for example. If the value of the stolen goods is less than $950, it’s typically a misdemeanor in California.3 But if there are aggravating factors like a prior theft conviction, it could be filed as a felony instead.4So what if you were convicted of misdemeanor petty theft years ago, but later tried to purchase a gun? Technically, that misdemeanor wouldn’t prohibit you from firearm possession. But if the prosecutor had filed it as a felony, even though they didn’t, you could face charges as a felon in possession.The same goes for felony convictions that were later reduced to misdemeanors, or dismissed after completing probation. While you may not consider yourself a felon anymore, that prior felony could still prevent you from legally owning guns.5These are just a few examples – there are all sorts of situations where a person’s status as a felon prohibited from possessing firearms gets murky. The laws are complicated and constantly evolving through new court rulings.So, what do you do if you get hit with one of these things? Trying to navigate this legal minefield alone is a terrible idea. You need an experienced California criminal defense lawyer in your corner – one who understands all the nuances of state and federal felon in possession laws.
Defending Against Felon in Possession Charges
Maybe you knew you weren’t allowed to have a gun as a felon, but made a stupid mistake. Or maybe you genuinely didn’t realize your prior conviction prohibited firearm possession. Either way, if you’re charged with violating Penal Code 29800 PC, you need a solid legal defense.An experienced lawyer can attack the prosecution’s case in several ways:
- Lack of knowledge: The law requires the defendant to know they owned or possessed a firearm.6 If you legitimately had no idea there was a gun in your house or car, for instance, that could defeat the knowledge element.
- Lack of possession: Similarly, the prosecution must prove you had actual or constructive possession over the firearm.7 If the gun belonged to someone else and was truly inaccessible to you, a good lawyer may be able to argue you didn’t possess it.
- Justifiable possession: In certain emergency situations, even a felon may be justified in briefly possessing a firearm.8 For example, if you disarmed someone to prevent greater violence or harm. These cases are extremely fact-specific.
- Illegal search: If law enforcement obtained the firearm through an illegal search and seizure that violated your Fourth Amendment rights, an attorney could fight to get that evidence excluded.9
Those are just a few potential defenses. An experienced California criminal defense firm will explore every possible angle and strategy to beat your felon in possession charge.
Why You Need an Aggressive Legal Team
Look, we get it – facing charges for felon in possession of a firearm is an incredibly stressful situation. You may be feeling anxious, ashamed, or unsure of what to do next. That’s exactly why you need a top-notch criminal defense lawyer fighting tirelessly in your corner.At Spodek Law Group, we understand the gravity of these charges and the impact they could have on your life. That’s why we take a hands-on, aggressive approach from day one. We’ll:
- Carefully research every detail of your case and situation
- Gather all relevant evidence, from body cam footage to witness statements
- Analyze the prosecution’s arguments for any holes or inconsistencies to exploit
- Craft a strategic legal defense customized to your unique circumstances
- Advocate fiercely for you at every stage, whether negotiating pleas or taking the case to trial
Our firm has a strong track record of getting felony charges reduced or dismissed entirely for clients across California. And we’ll bring that same relentless work ethic and commitment to your defense.Because here’s the thing: the prosecutors don’t care about your side of the story. Their goal is to get a conviction, plain and simple. Without a skilled attorney advising you and protecting your rights, you could end up pleading guilty and facing life-altering consequences like prison time and a permanent criminal record.At Spodek Law Group, we believe every client deserves tenacious representation and open communication every step of the way. We’ll break down the legal process, explain all your options, and empower you to make informed decisions about your case. No cookie-cutter strategies or cutting corners – just elite criminal defense.