CALIFORNIA CRIMINAL LAWYERS

Los Angeles Felon With A Firearm

Felons who are found possessing firearms during their arrest or even ammunition in California can face serious consequences. Under federal law, possession of firearms by convicted felons is restricted. California has additional laws that affect felons who violate gun laws. It is important to have an understanding of what qualifies a firearm, who is prohibited from possessing them, and possible defenses that may help to reduce charges and penalties.

What Qualifies as a Firearm?

The law in California defines a firearm as any device that is designed to propel a bullet. It does not matter if the gun is completely assembled or simply a firearm frame. Even an upper receiver of a rifle falls under the category of a firearm. However, the law does not include pellet guns. All types of pistols, rifles, shotguns, and tasers are included.

In addition to firearms, felons are also not allowed to purchase, possess, or sell ammunition in California. Even if an individual purchases ammunition from a seller who is unaware of their felon status, they would still face charges if caught with the ammunition. Furthermore, having in possession certain magazines or firearms-related items with a prior felony conviction is also prohibited.

Who Cannot Possess a Firearm in California?

Any individual with an existing felony conviction is strictly prohibited from possessing a firearm in California. Also, people who have been convicted of certain misdemeanors, especially those related to violence, sex crimes, or firearms, cannot possess any firearm. They will be charged similarly to felons if caught possessing a firearm.

Although there are some exceptions to the rule with misdemeanors, in some cases, the individual would be banned from possessing a firearm for ten years. However, those who had their gun rights legally restored, even with a prior felony or misdemeanor, will not be charged as a felon in possession of a firearm.

Possible Defenses

California’s self-defense laws present a possible defense for some charges for those who possess firearms. Under the Second Amendment provisions, charges may be reduced or dismissed if the defendant possessed a firearm for legitimate self-defense purposes. However, strong evidence must be provided for the defense to apply.

For instance, a felon caught with all six firearms while driving would likely be unable to use this defense. However, a person who received a pistol from a friend to keep at home subsequent to receiving multiple threatening voicemails may be able to use the defense.

The defendant may not be guilty if the firearm was a gift, or if they were unaware of its presence. For example, if the defendant forgets to open a gift containing a firearm and a probation officer discovers it without the defendant’s fingerprints, the case may be dismissed because of weak evidence. In some cases, a felon may live with family members or roommates and be unaware that there is a gun in the house in a locked box. In such a situation where the key was never provided to the felon, they would not be charged. On the other hand, if their fingerprints are found on the gun, or they have a key to its storage box, they would likely be charged.

Importance of Hiring an Attorney

The penalties for these charges are quite harsh. Depending on prior convictions and the facts of the case, fines in California could rise as high as $10,000, and most convictions carry jail or prison sentences exceeding a year. Therefore, it is of utmost importance to hire an attorney immediately after being charged. The right attorney can identify weaknesses in the case and negotiate a lenient sentence with a reduced charge. Only a good private attorney can represent and defend defendants in their possession of firearms cases.