PC 29800 – Felon with a Firearm Charges

Felon with a Firearm Charges

California Penal Code 29800 makes it illegal for the following people to own, purchase, receive or possess a firearm:

1. Anyone who has been convicted of a felony
2. Anyone who has been convicted of a specific list of misdemeanors
    • CA Penal Code 245, Assault with a Deadly Weapon
    • CA Penal Code 417, Brandishing a Weapon
    • A variety of CA’s domestic violence laws
3. Anyone who is addicted to narcotics

In order to be convicted of felon with a firearm CA PC 29800 the prosecutor must prove the following three elements of the crime:

1. That you have been convicted of one of the groups as mentioned above
2. That you owned, purchased, received, or possessed a firearm with a firearm
3. That you knew the felon with a firearm was in your possession

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.

Penalties for Felon with a Firearm

However, if the prosecutor can prove the elements of the crime and you are convicted, then you will face:

• Up to three years in state prison
• Fines up to $10,000

Some crimes and penalties are:

CA PC 29800(i) states that if you are caught with a firearm and have been convicted of either:

• CA Penal Code 422 – Criminal Threats
• CA Penal Code 646.9 – Stalking
• A variety of domestic violence laws

Then you will face up to three years in state prison and fines up to $1,000

CA PC 29800(b) states that if you were convicted for any of the following, as a minor, and are caught with a firearm before you turn 30 years old:

• CA Penal Code 211 – Robbery
• CA Penal Code 206 – Torture
• CA Penal Code 205 – Aggravated Mayhem

Then you will face up to three years in state prison and fines up to $1,000

Felon with a Firearm CA PC 29800(i) 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

Prosecuting for Felon with a Firearm CA PC 29800

As previously mentioned, in order to be convicted of CA PC 29800 the prosecutor must prove the following elements of the crime:

1. That you fall into one or more of the groups as mentioned above
2. That you owned, purchased, received, or possessed a firearm with a firearm
3. That you knew the felon with a firearm was in your possession

The first element of the crime is that you fall into one of the groups mentioned above. The first group is that you have been convicted of a felony. In order to be convicted as a felon with a firearm it requires that your past act was either a felony conviction or that it resulted in a felony punishment, rather than the actual crime that you committed. Being convicted of a felony results in formal probation, county jail time of more than one year, state prison time, 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 have 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, a projectile 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 California is defined. Actual possession means two different categories: actual possession and constructive possession. Actual possession is if you have physical custody or control of the firearm, meaning if you’re holding that firearm you have actual possession of it. Comparatively, constructive possession means that you know have access to the firearm or the right to control it. In other words, you have constructive possession of a firearm if you aren’t 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.

Defending for Felon with a Firearm CA PC 29800

Intent

There are many legal defenses that your criminal defense can employ to prove your innocence. First, 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 weren’t in possession of the gun then you cannot be found guilty of felon with a firearm.

Next, your attorney will investigate whether or not you knew about the presence of the firearm. In other words, they must prove that you were unaware of the gun’s presence before you can be found guilty of felon with a firearm. Your attorney will look into the police report and analyze all the details that prove that you are in friend’s car or a friend’s apartment and the gun is not yours.

Your attorney will also see if you were in immediate danger; California protects its citizens from harm and suffering.

Your attorney must prove that you are in imminent danger of death or suffering great bodily injury.

Self Defense

If you used the gun in accordance to California’s self-defense laws then you are not guilty of felon with a firearm.

A viable defense is if you had temporary possession of the firearm. There are the three scenarios that exempt you from felon with a firearm CA PC 29800 conviction:

1. That you only possessed the firearm momentarily
2. That you possessed the firearm for the sole purpose of abandonment, disposal, or destruction
3. That your possession was for the purpose of preventing the firearm from being seized by law enforcement

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 this defense to work you must have justifiable possession of the firearm, it must fall under one of the following scenarios:

1. That you took the firearm from a person who was committing a crime against you
2. That you possessed the gun only long enough for you to deliver it to a law enforcement agency
3. If you no longer needed to deliver the firearm, you contacted the appropriate law enforcement agency to remove the gun.

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’s practice stricter gun regulations. If you act in such a manner as to infringe the law then you no longer have the right to bear arms.

We Want to Help

If you or a close one is being charged with PC 29800, Possession of a Firearm, we invite you to contact our firm today for a free case review. Schedule an appointment to meet with an experienced lawyer for a free consultation in our office and we will get in touch with you ASAP. We also provide free consultation evaluations online and over the phone. Our experienced Los Angeles Criminal Defense Lawyers will be sure to fight until the end to reduce or drop your charges completely.

Call Us for a FREE Case Review: 310-274-6529