Felon with a Firearm in California, there are three specific groups of people who are not allowed to carry a felon with a firearm. These three groups include:
In order to be convicted of felon with a firearm CA PC 29800 the prosecutor must prove the three elements of the crime:
If the prosecutor cannot prove these three elements of the crime then you will not be convicted of felon with a firearm CA PC 29800.
However, if the prosecutor can prove the elements of the crime and you are convicted, then you will face:
Some related offenses include:
CA PC 29800(c) states that if you are caught with a firearm and have been convicted of either:
Then you will face up to three years in state prison and fines up to $1,000
CA PC 29800(e) states that if you were convicted for any of the following, as a minor, and are caught with a gun before you turn 30 years old:
Then you will face up to three years in state prison and fines up to $1,000
Felon with a Firearm CA PC 29800(g) states that if you are caught with a gun in violation of a restraining order then you will face up to three years in state prison and fines up to $1,000
As previously mentioned, in order to convicted of CA PC 29800 the prosecutor must prove the following elements of the crime:
The first element of the crime is that you fall into one of the groups mentioned above, the first group is that you are a felon with a firearm. In order to be considered a felon with a firearm in California you must have had a prior felony conviction that resulted in felony punishment, or that you had a prior felony conviction that resulted in 30 or more days in a federal correctional facility and/or more than $1,000 in fines.
The third group categorizes all people who are addicted to narcotics. Addicted is defined as being both emotionally and physically dependent on a drug and having an increased tolerance to its effects.
The second element of the crime is that you owned, purchased, received or possessed a firearm. California defines a firearm as, “any device, designed to be used as a weapon, from which is expelled through a barrel, protected by the force of any explosion or other form of combustion.
The final element of the crime that the prosecutor must prove is that you knew of the felon with a firearm that was in your possession. Possession in California is defined broadly and falls into two different categories: actual possession and constructive possession. Actual possession means that you have physical control of the firearm, meaning if you are holding a firearm then you have actual possession of it. Comparatively, constructive possession means that you now have access to the firearm or the right to control it. In other words, you have constructive possession of a firearm if you are not near the firearm but you know where it is.
These varying definitions of possession are important because in order to be convicted of the crime the prosecutor must prove that you knew you possessed the firearm. If you were in actual possession of the firearm then it’s not difficult to prove; however, if the firearm was in constructive possession then it becomes increasingly difficult.
There are a myriad of defenses that your criminal defense can employ to prove your innocence. Firstly, your criminal defense attorney will see if you were in possession of the gun, either actual possession or constructive possession. If your attorney can prove that you were not in possession of the gun then you cannot be found guilty of felon with a firearm.
Next, your criminal defense attorney will investigate whether or not you knew about the presence of the gun. If your attorney can prove that you were unaware of the gun’s presence then you cannot be found guilty of felon with a firearm. Your attorney will look into the police report and analyze the details of the arrest. Perhaps you were in a friend’s car or a friend’s apartment and was unaware of the gun’s presence.
Your attorney will also see if you were in immediate danger. California protects its citizens from being punished from having a gun if:
You reasonably believe that you are in imminent danger of death or suffering great bodily injury, and
If you used the gun in accordance with California’s self-defense law then you are not guilty of felon with a firearm.
A viable defense is if you only had temporary possession of the firearm. There are three scenarios that exempt you from felon with a firearm CA PC 29800 conviction:
If your attorney can prove that any of the above scenarios pertain to your case then you will not be convicted of CA PC 29800.
Another viable defense that your criminal defense attorney can employ is to prove that your possession of the gun was justifiable. In order for a felon with a firearm to have a justifiable possession of a felony, it must fall under one of the following scenarios:
If any of the aforementioned scenarios pertain to your case then you will not be convicted of CA PC 29800.
One defense that is not viable is to claim that you were practicing your Second Amendment right to bear arms. California practices strong gun regulations, so if you act in such a manner as to appear as a threat then you no longer have the right to bear arms.
If you or a loved one is being charged with PC 29800, Possession of a Firearm, we invite you to contact us immediately for a free case review. Schedule an appointment to meet with us in person, or feel free to submit an evaluation online and we will get in contact with you ASAP. We can provide a free consultation in our office, or by phone. Our experienced and assiduous Criminal Defense Lawyers will be sure to fight until the end to reduce or drop your charges completely.
Call LAW MART for a FREE Case Review: 310-894-6440
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