Definition and Aspects of Felon in Possession of a Firearm:
Under California Penal Code 29800 (PC 29800), it is against the law for a convicted felon or someone with an outstanding felony warrant to possess, purchase, or own a firearm. This statute is a felony offense, and if convicted, the punishment can go up to 3 years in county jail.
To be convicted of California Penal Code 29800 (PC 29800), the Prosecution must prove the following:
- The Defendant falls into a category of people prohibited from possessing a firearm
- The Defendant possessed, purchased, or owned a firearm
- The Defendant knew about the presence of the gun
United States law allows residents to own and purchase firearms. However, there are certain exceptions. Under California Penal Code 29800 (PC 29800), the below groups of people are prohibited from possessing weapons for either a finite period of time or sometimes life. Here is who falls under this category:
- Someone who has been convicted of a felony offense or has an outstanding felony warrant
- A person addicted to any narcotic drugs
- Someone who has been convicted of a violent firearm crime
This statute does not only apply to felons who have been convicted in California but felonies from any other state as well.
Convictions of violent crimes involving firearms include:
- California Penal Code 417 (PC 417) – Brandishing a Weapon
- Requires two or more convictions
- California Penal Code 23515 (PC 23515) – Violent Use of a Firearm
Lastly, firearms are considered any device designed to be used as weapons with a projectile explosion from the device’s barrel. This is typically referred to as guns; however, a firearm can include:
Criminal Offenses Related to Felon in Possession of a Firearm:
Similar or related offenses to California Penal Code 29800 (PC 29800), Felon in Possession of a Firearm:
- Gang Enhancement – California Penal Code 186.22 (PC 186.22)
- Firearm Possession after Misdemeanor Domestic Battery Conviction – California Penal Code 29805 (PC 29805)
Example of Felon in Possession of a Firearm:
A man has previously been convicted of a crime that left him prohibited from owning any firearms for the rest of his life—knowing that he attends a gathering at a gun range and decides to shoot some rounds. While no one was harmed in the incident, the man still violated California Penal Code 29800 (PC 29800) and could be charged with possession of a firearm.
Defenses for Felon in Possession of a Firearm:
If the Defendant only had momentary possession of the prohibited firearm and intended to dispose of it, a skilled defense attorney could aid in getting the case dismissed. Momentary possession isn’t an unusual defense to be used in charges for California Penal Code 29800 (PC 29800).
Momentary possession can also include the Defendant taking the weapon from someone else who was committing a crime. In this scenario, it would count as a justifiable possession.
Insufficient evidence could also be a factor that a skilled defense attorney could use to lessen the sentence or get the case thrown out altogether. According to United States law, the Defendant needs to be guilty beyond a reasonable doubt, and it is up to the Prosecution to prove that.
Lastly, if the officers who made the arrest did not follow proper protocol or did not possess the sufficient warrants needed, the evidence found can be thrown out due to illegal search and seizure.
Consequences and Penalty for Felon in Possession of a Firearm:
California Penal Code 29800 (PC 29800), a Felon in Possession of a Firearm, is a felony offense. A conviction for this statute can be punished with fees up to $10,000 and a jail sentence of up to three years. In some cases, a Judge may choose felony probation in place of jail.
Additionally, California law states that felony charges related to firearm offenses can lead to deportation if the convicted person is not a citizen.
Felon in Possession of a Firearm, under California Penal Code 29800 (PC 29800), is a felony offense that can result in jail time and severe fines. You must contact an expert attorney as soon as possible if you or someone you know is charged with firearm possession.
For an experienced attorney on your side, Action Lavitch from Action Defense Lawyers is available 24/7 at (747) DEFEND U or (747) 333-3638. With a proven track record of possession and weapon-related cases and speaking English and Spanish, Action Lavitch and the team from Action Defense Lawyers provide skilled legal representation and professional advice. Having an above 90% success rate for clients, Action Defense Lawyers is the go-to for those charged with California Penal Code Section 29800 (PC 29800), Felon in Possession of a Firearm. Book a free consultation today.