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Felon in Possession of a Firearm: Understanding the Crime & Charges
Possession of a firearm, especially an illegal one, is a major offense in every US jurisdiction. However, California is especially stringent with its gun laws, and even first-time offenders are looking at hefty fines and lengthy prison sentences. For those previously convicted of serious crimes, however, the situation is even more complicated.
A felon in possession of a firearm can typically expect little-to-no leeway when charged, necessitating an intervention by an excellent criminal lawyer in San Diego to even stand a chance in court. Today, we’ll explore a legal definition of this offense in California and federal law, breaking down the elements of the crime to give you a comprehensive overview.
What is Penal Code 29800 in California?
California Penal Code §29800 is the main piece of legislation that defines who is prohibited from owning, carrying, purchasing, receiving, or otherwise possessing a firearm, as follows:
- Under CA PC §29800, any person who has been convicted of a felony under the laws of the United States, the State of California, or any other government, state, or country is prohibited from possessing a firearm.
In other words, a felony conviction prohibits a person from owning a firearm in California, regardless of where the conviction originates from.
What is the definition of a felon?
For the purposes of CA PC §29800, a felon is any individual who is:
- Convicted of offenses enumerated in subdivisions (a), (b), and (d) of CA PC §23515(a)(2);
- Addicted to the use of any narcotic drug (21 U.S.C. §802);
- Convicted of two or more counts of violating paragraph (2) of subdivision (a) of CA PC §417 (brandishing a firearm).
- Aware of an outstanding warrant for any of these offenses.
- A juvenile prosecuted of a felony as an adult.
In addition, convictions from other jurisdictions are considered in California for felony convictions to apply if one of the following is true:
- A person is convicted of a like offense under equivalent criminal law, resulting in a felony punishment or;
- The defendant was sentenced to a federal correctional facility for more than 30 days, received a fine of more than $1,000, or both.
What happens if a felon gets caught around a gun?
If a convicted felon is caught carrying a (loaded) firearm, they can expect substantial penalties that may include:
- Up to 3 years in county jail or state prison;
- A fine of up to $10,000;
- Both the fine and a prison sentence;
- Felony or formal probation (at judge’s discretion; may still include a year in jail);
- Giving up any firearms a person owns.
In addition, there are collateral consequences of being convicted of this felony, which may include one or more of the following:
- A lifetime ban on purchasing or owning a weapon;
- Loss of right to vote or serve on a jury;
- Loss of employment and/or professional licenses;
- Removal or deportation under federal law (for non-US citizens);
- Temporary loss of 4th Amendment rights (for individuals already on probation or parole).
Finally, it must be noted that having a prior felony conviction in one’s criminal record immediately elevates current firearm charges to felonies – even if the offense might otherwise be considered a “wobbler”.
Who’s the leading felon in possession of a firearm criminal lawyer near me in San Diego?
Monder Criminal Lawyer Group provides mindful and strategic defense for “felon in possession of a firearm” charges, as well as other offenses related to carrying a loaded firearm. Our expertise is available across the San Diego area, so whether you’re in North Park or elsewhere in the region – don’t hesitate. Reach out to us today for a confidential consultation and let our experienced team guide you to the best possible outcome.
