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Felon In Possession of a Firearm in California: PC 29800

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Can a California Felon Be in Possession of a Firearm?

California statute Penal Code 29800 makes it a felony offense for a convicted felon, or wanted felon, to be in possession of a firearm.

29800 PC states that “Any person who has been convicted of, or has an outstanding warrant for, a felony under the laws of the United States, the State of California, or any other state, government, or country…or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.”

Under this statute, any person convicted or wanted for a felony offense, may not possess a firearm, or they will be in violation of Penal Code 29800.This statute also applies to individuals addicted to narcotic drugs and those with previous firearm offenses.

  • Addiction requires a physical and emotional dependency on a narcotic drug; with an increased tolerance to the narcotics effects.
  • Previous firearm offenses include:
    • Brandishing a firearm on more than two occasions, and a conviction for the violent use of a firearm.

What Are the Penalties for Violating California PC 29800?

Penalties for a conviction under Penal Code 29800 may result in:

  • A sentence of up to three years in the county jail and
  • A fine of up to $10,000
  • Possible award of felony probation in lieu of jail time by a judge.

What Are the Legal Defenses of a Felon in Possession of a Firearm?

Defendants can argue against a charge for violation of this statute by proving momentary possession, justifiable possession and illegal search and seizure.

  1. Momentary possession can serve as a defense if the defendant temporarily possessed the firearm to dispose of it, without intending to prevent law enforcement from seizing it.
  2. Justified possession can serve as a defense if the defendant:
    1. Took the firearm from a person committing a crime,
    2. Possessed the firearm no longer than necessary to take to law enforcement, or
    3. Gave prior notice to law enforcement before delivering the gun.
  3. Illegal Search and Seizure defense can be used if authorities illegally obtain the firearm through an unjust search and seizure. Meaning there was no probable cause and no search warrant. Unlawful search and seizure of a firearm will most likely lead to case dismissal.

Can a Felon in Possession of a Firearm, Have the Charges Expunged?

Expungement for a violation of California Penal Code 29800 can be provided given that the defendant completed the jail term and/or probation period. Expungement cannot apply to serious sex offenders or former inmates of a California State Prison.

May Reduction in Charges Be Granted?

A defendant can reclaim gun rights by reducing their felony charges to a misdemeanor. This can happen with a wobbler offense. A defendant can petition the court to reduce a felony wobbler to a misdemeanor.

What Are the Federal Restrictions on Possessing a Firearm?

Federal law prohibits the following people from owning a gun:

  • People under indictment for a crime
  • Dishonorably discharged military servicemen
  • Illegal Aliens
  • People who renounced US Citizenship
  • A person under a court ordered suspicion of stalking
  • Fugitives of the law.

KAASS LAW can assist if you face charges under California Penal Code 29800 for possessing a firearm as a felon.

Consequences and Defenses to PC 29800 Prosecution

In addition to the basic criminal penalties, a conviction under PC 29800 can have other serious consequences. For example, a conviction for weapons possession can seriously affect:

  • employment opportunities
  • obtaining professional licenses
  • immigration status
This is especially true for non-residents of the United States – they may face deportation or denial of naturalization. It is also important to understand that a conviction under this article may be used as an aggravating factor in future offenses. This may result in harsher penalties for repeat arrests. Especially if the case involves violence or illegal weapons.

Legal Assistance in Court

If you are facing charges under PC 29800, it is important to contact an attorney as soon as possible. He or she can evaluate:
  • the legality of the arrest
  • the reasonableness of the search
  • the admissibility of evidence
For example, evidence may be excluded if the police searched without a warrant or probable cause. Another line of defense is lack of knowing possession of a gun. If the gun was in a shared residence but did not belong to the defendant, the defense attorney may be able to prove that the client did not intend to possess the gun.

A strategy to reduce the charges is also possible. If the court finds that the crime falls into the wobbler category, the attorney can move to reclassify it as a misdemeanor. This opens the door to probation and subsequent expungement. The attorneys at KAASS LAW are highly experienced. They are prepared to defend your rights in court. Do not delay a consultation – timely action can change the outcome of the case.

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