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 those who are addicted to any narcotic drug, and previous firearm offenders.
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 be granted to serious sex offenders, or a previous inmate in 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 felony wobbler may be petitioned to the court, to be reduced to a misdemeanor.
Federal law prohibits the following people from owning a gun:
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