What is a Felon in Possession of a Firearm Charge in California?

In California, being convicted of a felony imposes severe restrictions, one of which is the prohibition of firearm possession under Penal Code § 29800(a)(1). This law makes it a crime for individuals with a prior felony conviction, those addicted to narcotics, or those with certain firearm-related convictions to own, possess, or purchase a firearm. This restriction applies regardless of where the felony conviction occurred, whether it was in California, another state, or even another country. Additionally, individuals with an outstanding felony warrant or those with specific misdemeanor convictions related to violent firearm offenses are also prohibited from possessing firearms under this statute.

The law outlines several conditions that constitute possession:

Ownership: Legally holding the title to a firearm. This means you are recognized as the legal owner of the weapon.

Purchase: Acquiring a firearm through buying it. Purchasing a firearm, regardless of how it is paid for, qualifies as possession.

Receipt: Accepting delivery of a firearm in any manner. If you receive a firearm as a gift, through inheritance, or any other means, it counts as possession.

Possession: Having direct physical control or constructive possession of a firearm. Direct physical control means having the firearm on your person. Constructive possession means having access to or control over the firearm, even if it is not physically on you, such as in your home, car, or another location you control.

The firearm does not need to be loaded or armed to qualify as a violation. Simply having a firearm in your possession, whether it is in a drawer you control or a vehicle you use, is sufficient for a charge under this law.

Key Elements of Felon Firearm Possession Charges in Los Angeles

Prior Felony Conviction: The prosecution must prove that you have a prior felony conviction. This includes any felony conviction, whether violent or non-violent, and it must be final and valid, meaning all appeals have been exhausted or the time for appeal has passed.

Possession of a Firearm: The prosecution must demonstrate that you had control over or possession of a firearm. This can be shown through actual possession, where the firearm is found on your person, or constructive possession, where the firearm is found in a location you control, such as your home, vehicle, or personal belongings. They need to show that you had the ability and intent to exercise control over the firearm, even if it was not physically on you.

Knowing Possession: The prosecution must establish that you were aware of the firearm’s presence. It’s not enough to simply show that the firearm was in your possession; they must also prove that you knew about it. This element is crucial in cases where you might unknowingly have a firearm in your control, such as if it was hidden in your belongings by someone else without your knowledge.

Each of these elements must be proven beyond a reasonable doubt for a conviction. This means the prosecution has the burden of presenting clear and convincing evidence that you meet all three criteria. Understanding these elements is crucial for mounting an effective defense. Challenging any one of them can be the key to a successful defense, potentially leading to a reduction in charges or even an acquittal.

Penalties and Consequences

• Imprisonment: A conviction can lead to a state prison sentence of up to three years.
• Fines: You may be fined up to $10,000.
• Probation: Instead of or in addition to jail time, a judge might grant felony probation. This involves strict terms and conditions, and any violation can result in additional jail time.

Losing gun rights is a permanent consequence of a felony conviction for firearm possession, meaning you will never be able to own or possess firearms again. Your right to vote can be taken away while you serve your prison sentence and during any parole period, stripping you of your voice in elections during this time.

Finding housing becomes another hurdle, as many landlords perform background checks and might refuse to rent to anyone with a felony conviction. This can make securing a stable home more challenging. Additionally, international travel may become restricted, as some countries deny entry to individuals with felony records, limiting your ability to travel for work, leisure, or family visits. These enduring repercussions highlight the severe and lasting impacts of a felony conviction beyond the immediate legal penalties.

Legal Defenses to Felon in Possession of a Firearm

Lack of Possession: To argue lack of possession, you must show that you did not have control over the firearm. This can involve demonstrating that the firearm was in a location you do not control, such as someone else’s car or a public space. The prosecution must prove that you had either actual possession (physically holding the firearm) or constructive possession (having the ability to control the firearm, even if it’s not on your person). If the evidence shows that the firearm was found in an area where you had no control, this defense could be effective.

Lack of Knowledge: To use this defense, you must prove that you were unaware of the firearm’s presence. Legally, knowing possession is a key element the prosecution must establish. This defense is applicable if the firearm was placed among your belongings without your knowledge or if you were in a shared space where the firearm was present. For example, if a firearm was hidden in your backpack by someone else without your knowledge, you can argue that you did not knowingly possess it. The defense will argue that without knowledge, there can be no intent to possess the firearm.

Unlawful Search and Seizure: This defense challenges the legality of how the firearm was discovered. Under the Fourth Amendment, you are protected from unreasonable searches and seizures. If the police conducted a search without a warrant or without probable cause, any evidence found during that search could be deemed inadmissible in court. The defense would file a motion to suppress the evidence, arguing that your constitutional rights were violated. If the court agrees, the firearm evidence may be excluded, significantly weakening the prosecution’s case.

Momentary Possession: Momentary possession is a defense used to show that you only had the firearm briefly and solely for the purpose of disposing of it or turning it over to authorities. To establish this defense, you must demonstrate that your possession was temporary and you had no intention to control or use the firearm. For instance, if you picked up a discarded firearm to prevent harm to others and immediately notified the police, this defense can apply. The focus here is on the intent and duration of possession.

Justifiable Possession: Can be used if you had the firearm for a legitimate and legal reason, such as self-defense or preventing immediate harm. In such cases, the defense must show that possessing the firearm was necessary to protect yourself or others from imminent danger. The court will consider the circumstances under which you possessed the firearm and whether your actions were reasonable and justified under the law.

Wrongful Arrest: If you were wrongfully arrested due to misconduct by law enforcement, such as planting evidence or fabricating charges, this defense is crucial. The defense would gather evidence to show that the arrest was based on false information or illegal actions by the police. Demonstrating wrongful arrest can lead to the dismissal of charges if it is proven that the firearm was planted or the arrest was made without proper cause.

Charged with Felon in Possession of a Firearm? Contact an Experienced Defense Attorney Today

A felon in possession of a firearm faces serious criminal charges under Penal Code § 29800(a)(1) PC, including potential prison time, steep fines, and a lifelong impact on personal freedoms. At The Law Offices of Arash Hashemi, we have over 20 years of experience defending individuals in Los Angeles against firearm-related charges, including those with prior convictions. Our team understands the high stakes in these cases and will work tirelessly to protect your rights and pursue the best possible outcome.

Attorney Hashemi and our dedicated legal team will investigate the circumstances of your arrest, examine any weaknesses in the evidence, and develop a strong defense strategy tailored to your case. Our goal is to reduce or dismiss the charges whenever possible, allowing you to move forward without the weight of a new conviction.

If you’re facing a charge under Penal Code § 29800(a)(1) PC, don’t navigate this complex legal matter alone. Contact us today at (310) 448-1529 to discuss your defense options. You can also schedule a 15-minute consultation with Attorney Hashemi through our secure online system. We are located in the Westside Towers in Los Angeles, serving clients throughout Santa Monica, Beverly Hills, and Westwood.

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