If you are convicted of a felony offense, you will likely lose your Second Amendment right to keep and bear arms. So, what happens if you have been convicted of a felony and you are found to be in possessing of a firearm?
Felon with a Firearm Laws in California (PC 29800)
In to be convicted of illegal possession of a firearm or ammunition under PC 29800, the prosecution must prove all of the following elements:
- You have a previous conviction for a certain felony or misdemeanor offense, or you are addicted to any narcotic drug
- You owned, purchased, received or possessed a firearm, and
- You knew of the presence of the firearm.
Any felony level conviction in any other state or a federal felony conviction on your record would be sufficient to convict you under PC 29800.
Misdemeanor crimes that would subject you to the firearms restriction include:
- Assault with a deadly weapon (PC 245)
- Brandishing a weapon (PC 417), and
- Various sex-related crimes
Penalties for Violating Felon with a Firearm Laws
If you are a felon found in possession of a firearm, you could face a new separate felony charge under PC 29800.
The penalty for a conviction under this law includes:
- 16 months, two or three years in county jail
- A fine up to $10,000, and
- Relinquishment of your weapon
If you are a legal immigrant or legal alien, a conviction under PC 29800 is also an offense for which you could be deported.
Possible Defenses to Felon with a Firearm Charges
In PC 29800 cases, the most difficult element for the prosecution to prove is often that you actually possessed a firearm.
“Possession” means the weapon must be either in your actual possession, such as you had it in your hand or on your person, or constructive possession, which means you had access and the right to control it, such as having it locked in a gun safe that you had the combination to open. If you did not have the gun on your person at the time of the alleged incident, your attorney be able to argue that you were not in actual or constructive possession of the weapon.
The element that can be difficult to prove in some cases is that you knew of the gun’s presence. Suppose you borrow a friend’s car, and unbeknownst to you, he had a pistol in the glove compartment. You are pulled over and, when you open the glove compartment to get the vehicle’s registration, the gun is visible to the officer. In cases such as this, your skilled criminal defense attorney from Wallin & Klarich will argue that you did not know of the gun’s presence and you thus should not be convicted under PC 29800.
Contact the Criminal Defense Attorneys at Wallin & Klarich Today
A charge under the felon with a firearm law is serious legal issue. That is why you should not hesitate to contact an experienced criminal defense attorney at Wallin & Klarich if you or someone you love has been charged with this crime. Our experienced criminal defense lawyers have been successfully defending clients accused of this crime for more than 40 years. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you are located.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.