CALIFORNIA CRIMINAL LAWYERS

Los Angeles Felon with a Firearm

California Law on Felon with a Firearm: What You Need to Know

Under California law, certain individuals are prohibited from owning or acquiring a firearm, including those convicted of certain misdemeanors, convicted felons, and proven narcotic drug addicts. If you are seeking to convict someone of owning or possessing a firearm, the individual must legally fall into one of these categories to be convicted under California’s PC29800 law.

But what exactly constitutes a felon with a firearm? To be convicted for felony possession of a firearm, a person must fit the description of a felon, which means that they have been convicted of a felony offense in any US state, country or government. Additionally, a firearm is not limited to just guns, tasers, pellet guns or rifles. It also covers devices such as rockets, rocket-launched projectiles, and any device containing explosive material, including those used for distress or emergency signaling purposes. Any person previously convicted of a felony and found in possession of any of these devices can be subject to felony punishment under federal law.

However, possession of a firearm is not always a straightforward matter. There are different types of possession, including direct possession and constructive possession. Direct possession means that the individual has the gun in their hand, while constructive possession means that the individual has access to the firearm, such as in their place of residence or pocket. Furthermore, it is possible to be in possession of a firearm without being aware of it.

For instance, if the individual is unaware of the presence of a firearm in their legal residence, such as an unexamined toy or ornament, they will not be convicted of violating PC29800. On the other hand, if a person has a gun in their possession, but is unsure of their legal standing regarding firearm ownership, their lack of awareness will not provide a valid defense against charges. The court will assume that the person was aware of their legal standing.

If another person, such as a family member or roommate, owns a firearm that is lawfully kept in the individual’s residence without their knowledge, they will not be liable for possession of a firearm. Additionally, if a car that the individual is driving is pulled over and a gun is found in the car, they will not be guilty of possessing the firearm if the car was borrowed, and they were not aware of the owner’s firearm.

However, if you are in a situation where you need to use a gun for self-defense, you may have legal defense for possessing the firearm. Under California law, a person has no legal obligation to retreat under grave danger. The critical issue in determining the legality of using a gun in self-defense is whether the person was unable to avoid serious danger.

In conclusion, if you or someone you know is facing charges related to the possession of a firearm in California, it is essential to contact an experienced Los Angeles criminal defense attorney to assess the situation and explore available defense strategies. Remember, each situation will be carefully examined in a court of law, and the penalties for a PC29800 violation can be severe.