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.
Penalties for a conviction under Penal Code 29800 may result in:
Defendants can argue against a charge for violation of this statute by proving momentary possession, justifiable possession and illegal search and seizure.
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.
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.
Federal law prohibits the following people from owning a gun:
KAASS LAW can assist if you face charges under California Penal Code 29800 for possessing a firearm as a felon.
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:
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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