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Felon with Firearm in California Lawyers

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Is It Illegal For a Felon to Own a Firearm in California?

California gun laws prohibit certain individuals from owning a firearm, such as non-residents and those under 21 years-old. The law also bars felons from possessing a firearm. This is often called the "felon with a firearm law."

Is it a Violation to Own a Firearm If I am a Felon?

California law prohibits a person from possessing, owning, or purchasing a firearm if convicted of a specific offense.

What Does a "Certain Offense" Mean?

Offenses that could restrict an individual from possessing, owning, or purchasing a firearm include:

Having two or more misdemeanors
Having any prior felony convictions
Using or being addicted to any narcotic drug

The law includes federal crimes where the defendant spent 30 days or more in a federal correctional facility, and/or received a fine of $1,000.

Is Possessing a Gun as a Felon the Same as Owning an Illegal Firearm?

No. Illegal firearm possession refers to obtaining a legal firearm in an illegal way or obtaining an illegal weapon no matter how it’s purchased.

What’s the Penalty for Violating Having a Firearm as a Felon?

In California, the charge of felon with a firearm is considered is a felony. It is punishable by 16 months to 3 years in jail and/or a fine of up to $10,000. The court may also require the defendant to forfeit all weapons, and the defendant may face deportation if they are an immigrant.

Are There Any Defenses I Can Use to Fight This Charge?

Yes. There are plenty of defenses a defendant can pick from to fight this felony charge. This important thing is to pick the one that fits the facts of the case. Some common defenses include:

The defendant had momentary possession
The defendant possessed the firearm in order to take it from a criminal and give it to the proper authority.
The defendant didn’t have knowledge of the firearm