CA Penal Code 29800 – Felon in Possession of a Firearm

As a convicted felon, you may be living your life under a microscope for the foreseeable future. One of the top charges convicts face after they have completed their sentencing is “felon in possession of a firearm” charges.

If you have been accused of committing an offense under CA Penal Code 29800 – Felon in Possession of a Firearm, you should secure a private criminal defense attorney who can help you avoid some of the more severe consequences of a felony conviction.

With help, you may be able to clear your name and get back to your life after your “felon in possession of a firearm” charge. Contact Los Angeles DUI Lawyer for a confidential case review. We have decades of experience connecting clients with valuable attorneys.

Elements of a Felon in Possession of a Firearm Offense Under CA Penal Code 29800

To be convicted of “felon in possession of a firearm” under California PC 29800, you must meet the elements of the offense.

You may be prohibited from possessing a firearm if you have previously been convicted of any type of felony crime offense or were previously convicted of any type of violent firearm offense. You can also be prohibited from possessing a firearm if you are addicted to any narcotic drug.

For the prosecuting attorney to obtain a guilty verdict in your case, they will need to show that you:

• Are prohibited from having a firearm
• Purchased, received, owned, or were otherwise in possession of a firearm
• Knew you were in possession of, purchased, received, or owned a firearm

Weapons That Are Considered Firearms

There are specific types of devices commonly referred to as guns that could be considered firearms under California law and California PC 29800.

Any device that expels a projectile through the barrel, is intended to be used as a weapon, and expels the projectile by explosion or force is considered a firearm.

This means BB guns and pellet guns are not considered firearms under the law. Examples of devices that may be considered firearms include:

• Revolvers
• Pistols
• Tasers
• Shotguns
• Rifles

If you are facing charges under PC 29800, don’t wait to get legal counsel from an experienced Orange County criminal defense lawyer. A lawyer will work hard to protect your rights and freedom under the Second Amendment of the United States Constitution, so don’t wait to get connected.

Individuals Who Are Considered a Felon

Not every person convicted of a crime is considered a felon. You can only be charged with Felon in Possession of a Firearm if you are a felon under the law.

According to California Penal Code 29800, a felon is anyone who has a felony conviction in another country or state or has been convicted of specific firearm offenses that prohibit a person from possessing or owning a firearm.

Some of the prior firearm convictions that could result in the loss of United States firearm rights include:

• Violent use of a firearm under California Penal Code 23515: Violent use of a firearm may prohibit possession.
• Brandishing a weapon under California Penal Code 417: Brandishing a weapon can result in long-term firearm rights restrictions.

Who Else Is Impacted by Firearms Prohibition?

You do not necessarily need a felony conviction on your record to be prohibited from possession of a firearm under California law. If you are currently addicted to any type of narcotic drug or a controlled substance, you may lose your firearm rights.

This means you are physically dependent on the drug, have an increased tolerance to the drug’s side effects, and are emotionally dependent on the drug to live your daily life. Law enforcement may consider both actual possession and constructive possession in these cases.

Other Charges You Could Also Face

There are several other charges you could expect to face if you are accused of CA Penal Code 29800 – Felon in Possession of a Firearm. Some of these include:

• A prohibited person being in possession of ammunition under California Penal Code 30305: If you are not legally allowed to possess firearms, you are also not allowed to possess ammunition. This could be charged as a misdemeanor or a felony, depending on the specific details of your case.
• Firearm possession after being convicted of a specific misdemeanor under California Penal Code 29805: If you have previously been convicted of certain types of misdemeanor offenses, including domestic violence, you may have been prohibited from owning a firearm for a minimum of 10 years.
• Gang sentencing enhancements according to California Penal Code 186.22: If you are accused of committing a criminal offense for the benefit of a street gang you were involved in, you could get additional prison time, including in a federal correctional facility in certain federal law cases.
• The “use a gun and you’re done” law under California Penal Code 12022.53: You may be sentenced to up to 10 additional years in prison for the use of a firearm, 20 additional years if you fire a gun, and 25 years to life if someone else is seriously injured or killed with a firearm.

What to Expect if You Are Convicted Under California PC 29800

Generally, if you are accused of Felon in Possession of a Firearm under California law, you will be charged with a felony. If convicted, you could be placed on formal probation or ordered to spend up to three years in a county jail and pay fines not to exceed $10,000.

Defense Strategies Against a Charge of “Felon in Possession of a Firearm”

When you are accused of a criminal offense under California Penal Code 29800, your criminal defense lawyer will be responsible for reviewing the evidence and details of your case.

This will allow them to determine the best approach to your defense against PC 29800. Some of the more common PC 29800 defenses include:

Momentary Possession

You had a gun, but you only had it on your person for a moment to dispose of it or in transition. There was no intent to prevent law enforcement from seizing the firearm.

Unlawful Search and Seizure

Police obtained the firearm through an unlawful search or seizure. Evidence obtained during an unlawful search and seizure should be dismissed, which could ultimately result in the charges against you being dropped entirely.

Criminal defense attorneys often rely on this defense under California law, firearm law, and federal law.

Justifiable Possession

You can justify your firearm possession because you were transporting it to law enforcement after you were given the notice to deliver it. You may also use this defense if you took the firearm from someone who was committing a criminal offense against you.

A Los Angeles criminal defense lawyer may also consider actual possession, constructive possession, firearm law, and firearm rights when building the case. Get connected now; don’t wait to get legal advocacy when it comes to California weapons laws.

Get Connected With a California Criminal Defense Attorney Today to Get Help

Being accused of possessing a firearm as a convicted felon under PC 29800 is serious. If you are found guilty of this offense, you could find yourself back in prison, potentially for the rest of your life.

Protect your freedom and future when you reach out to Los Angeles DUI Lawyer for help clearing your name. You can reach us via our secure contact form or by phone to be connected to a local lawyer for a confidential San Diego or Los Angeles defense strategy session today. 

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