If your child was arrested for driving under the influence (DUI), you’re likely frightened. In the United States, including California, citizens generally have the right to keep and bear arms. However, there are some circumstances in which a person can lose that right. One of the things that can disqualify a person from gun ownership is being convicted of a felony. If you are a Californian wondering about possible consequences for being a felon in possession of a firearm in California (PC 29800), this guide can provide some valuable insight.
Firearms in the United States and California
Firearms are a consistent presence in the United States. The conversation around guns and the laws governing them is a frequent hot-button issue for politicians and citizens alike, and most states have some semblance of gun-control measures in place, although they vary significantly from state to state.
The Second Amendment of the United States Constitution gives citizens the right to keep and bear arms, and states have the authority to make their own laws regulating guns, so long as they build upon the foundation of the Second Amendment. Guns are everywhere in the country. In the year 2024, there were over 418,000 registered firearms in the state of California, which has some of the strictest gun-related laws in the United States.
What Does PC 29800 Say?
Penal Code 29800 is California’s statute regarding prohibitions on firearm access. According to this law, the following people are prohibited from owning or accessing a gun:
- People who have been convicted of a felony under federal law or under the laws of any state in the United States.
- People who are actively addicted to any narcotic drug.
A person who has been convicted of a felony and proceeds to possess a firearm can be charged as a felon in possession of a firearm, which is in itself a felony.
Possible Penalties for Possessing a Firearm as a Felon
The main difference between felonies and misdemeanors is that felonies are considered to be more serious than misdemeanors, with the potential to be punished by one year or more in prison. According to California Penal Code 1170(h), a person who is convicted of being a felon in possession of a firearm can, at the discretion of the judge, receive a jail sentence of 16 months, two years, or three years.
In addition to a prison sentence, a judge may impose probation, a fine, community service, or a combination of those when handing down a sentence for a felon in possession of a firearm.
Potential Defenses for Felon in Possession of a Firearm Charges
If you are charged with being a felon in possession of a firearm, the first thing you should do is hire a weapons charges attorney. Your lawyer can work with you to understand the circumstances surrounding your case and build a strong and compelling defense against your charges. Some possible defense strategies in these types of cases are listed below:
- There was a lack of possession or knowledge of the firearm by the defendant. For a person to be convicted of a felon in possession of a firearm crime, the prosecution must prove that the defendant had the gun.
There are many cases of people being found in the presence of a gun or a gun being found in a person’s shared home or shared car. If they were not actually in possession of the gun, or if they did not know it was there, their attorney can assert that in court. - The weapon in question was not a firearm. In some cases, a defense attorney may argue that the weapon in question was not actually a firearm. This could apply if, for example, the weapon was broken or a non-operational antique.
- The defendant’s Fourth Amendment right was violated. The Fourth Amendment of the United States Constitution prohibits unwarranted search and seizure of a citizen’s property. If the evidence against a defendant was obtained illegally, it may be inadmissible in court. If there is no admissible evidence against the defendant, the court may have no choice but to drop the charges.
These are just a few examples of defense strategies a California weapons charges lawyer may choose to employ when they advocate for a client against gun charges. No two cases are the same, and defense lawyers often choose to combine multiple defense approaches when they represent a client.
Why Choose Us?
At Kolacia Law Firm, our attorney, Daniel Kolacia, brings over 15 years of experience advocating for clients in criminal defense cases. Over the years, we have become very familiar with the California criminal justice system. We understand the common strategies of the prosecution and can use our skills and knowledge to defend you and optimize your case results.
FAQs
How Much Does it Cost to Hire a Weapons Charges Attorney in California?
Many people worry about the cost of legal representation for criminal cases. Costs can vary widely depending on how complex the case is and how long it takes for the case to move through the justice system. Most lawyers require an up-front deposit, known as a retainer, to enlist their services. The attorney then bills their actual hours against the retainer.
Is Jail Mandatory for a Felon in Possession of a Firearm in California?
No, jail is not necessarily mandatory for a felon in possession of a firearm in California. In most cases, judges have significant discretion when it comes to sentencing for those convicted of being felons in possession of firearms. Although there is a prescribed set of jail sentences for this offense, judges aren’t required to send offenders to jail unless they’ve been previously convicted of certain violent crimes. Alternatives may include probation, fines, or community service.
Can a Felon Legally Own a Firearm After 10 Years in California?
No, a felon cannot own a firearm after 10 years in California. Under most circumstances, a felony conviction causes the offender to lose their right to own a firearm permanently. Federal law also prohibits felons from owning firearms or ammunition, as well as retailers from selling these items to felons. This law is established in the Gun Control Act of 1968. Thus, felons are generally prohibited from gun ownership for life.
The 10-year ban only applies to some misdemeanors.
Can a Felon Legally Own a Stun Gun in California?
No, a felon cannot legally own, possess, or use a stun gun in California, according to weapon crime laws laid out in the California Penal Code. The same applies to people who are actively addicted to drugs. This may be a surprising fact to learn, as stun guns are generally thought of as less dangerous weapons, but they can still cause serious injury, and they can still be used to perpetrate crimes.
If You Are Facing Charges, Hire a Weapons Charges Attorney
If you find yourself facing charges in California for possessing a firearm as a felon, you need the help of an experienced attorney as you navigate the next steps. Contact local law firm, Kolacia Law Firm, to find out how we can provide support for your case.
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