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Felon in Possession of a Firearm Law & Defense

California Penal Code 29800(a)(1)

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The law on the crime of possession of a firearm by a felon is found at California penal code 29800(a)(1). To be found guilty of PC 29800(a)(1) the district attorney will need to prove that the defendant:

  • Purchased, received, or possessed a firearm
  • Knew that he received or possessed the firearm, and
  • Had previously been convicted of a felony, or two brandishing a firearm offenses

A firearm, for purposes of PC 29800(a)(1), is defined as a weapon, from which a projectile is discharged through a barrel by the force of an explosion or combustion.

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PC 29800(a)(1) covers guns, handguns, rifle, shotguns, pellet guns, BB guns, and paintball guns; however, spring-loaded air soft type weapons and guns that are obviously toys are not covered under PC 29800(a)(1).

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According to PC 29800(a)(1) possession of a firearm does not mean that the defendant had to actually touch a gun, rifle, or shotgun; a felon may be in possession by either actual or constructive possession.

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Actual possession of a firearm means that the defendant is holding the firearm. Constructive possession means that the defendant had the right to control the firearm or the right to control the person who actually possessed the firearm. For example, if a gun is found in the trunk of vehicle that is driven by the defendant, and the defendant is the only person on the registration of the vehicle, then the defendant may be said to have constructive possession of the gun. Another example of constructive possession might be when the police find a gun in a defendant's bedroom.

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According to PC 29800(a)(1), it does not matter if the gun or firearm does not actually work. If the gun or firearm appears to be in working order it is sufficient to charge a defendant, who has previously suffered a conviction of felony, with felon in possession of firearm charges.

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Ammunition by itself is not covered under the felon in possession of a firearm law; however, a felon in possession of ammunition for a firearm may be charged under California penal code 30305(a)(1), which covers those offenses.

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Punishment & Sentence for PC 29800 convictions

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The crime of felon in possession of a firearm charged under PC 29800(a)(1) is classified as a felony in California. If found guilty of PC 29800(a)(1) the defendant could face up to three years in prison.

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PC 29800(a)(1) is not considered a Strike under California's Three Strikes Law and credit for time served is accrued at fifty percent (50%) for good time behavior while in jail or prison.

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Additional penalties for convictions of felon in possession of a firearm includes: longer probation and parole terms, penalty fines, restraining orders, increased punishment for future criminal convictions, loss of immigration status, loss of professional licensing, and more.

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Defense to felon in possession of a firearm

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The most common defense to a PC 29800(a)(1) criminal charge is lack of sufficient evidence to prove the defendant had actual or constructive possession of the firearm.

Also, if the defendant had only momentary possession of the firearm then the crime has not been proven. Momentary possession might be a situation where someone hands a felon a gun but the felon immediately relinquishes control or possession of the gun, or where a felon grabs a gun from a person who is attacking the defendant with a gun.

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Other defenses to PC 29800(a)(1) might include entrapment, statute of limitations, suppression of evidence, double jeopardy, coerced confessions, mistake of fact (believing gun to be a toy), self-defense, defense of others, emergency or necessity, and more.

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If you or someone you know is charged with the crime of felon in possession of a firearm, contact criminal defense attorney Christopher Dorado today. Attorney Dorado handles all PC 29800 criminal charges, including recalling warrant, violations of probation, expunging a prior firearm conviction, and restoring your right to own or possess a gun or firearm.

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Attorney Dorado dedicates 100% of his practice to criminal defense and initial consultations are provided at no cost to the accused. Our Lawyers are available twenty-four hours a day and seven days a week to answers all of your PC 29800(a)(1) questions. Call today! 

909.913.3138

 

Criminal Defense Attorneys

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909.913.3138

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PC 29800(a)(1): Felon in Possession of a Firearm

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PC 29800(a)(1): Felon in Possession of a Firearm

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Criminal Defense Attorneys, Serving

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San Bernardino County

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Fontana, Colton, Chino, Ontario, San Bernardino, Highland, Hesperia, Apple Valley, Montclair, Upland, Victorville, Redlands, Yucaipa, Wrightwood, Lake Arrowhead

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Pomona, San Dimas, West Covina, Glendora, LaVerne

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Related Crimes to Possess Firearm by Felon

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  • PC 29805 Possession of Firearm by Misdemeanant (Some misdemeanor convictions carry a 10 year firearm restriction)
  • PC 29610 Minor in Possession of a Firearm
  • PC 29800(a)(2) Possession of a firearm by person previously convicted of two brandishing crimes


California Possession of a Firearm by a Felony / PC 29800(a)(1)

Criminal Defense Attorneys

 
 
 
 
 
 

Law Office of Christopher Dorado 1030 Nevada Street. Suite 105 Redlands, CA. 92374 

Serving Rancho Cucamonga, Ontario, Fontana, Rialto, Colton, Redlands, San Bernardino, Yucaipa, Riverside, Norco, Moreno Valley, HIghland & More.