San Diego Attorney for Possession by a Convicted Felon

California enforces some of the strictest gun laws in the United States, and fully barres convicted felons from owning any type of firearm, without regard for the second amendment. Unfortunately, law enforcement is quick to act when a felon attempts to purchase a firearm, even if it is for their own safety. Courts are also less inclined to reduce or dismiss charges against previously convicted felons, regardless of the original felony.

San Diego Lawyer for Possession of a Firearm by a Convicted Felon

If you have been charged with possession, or attempting to purchase, a firearm and have a prior felony conviction, know that you have someone at your side. Do not try to speak to the police, do not answer questions to “clear things up.” The police are not on your side. Contact an experienced attorney immediately if you have been charged with possessing a firearm.

Attorney Michael Cindrich has decades of experience protecting clients in second-amendment cases, including in cases involving the possession of firearms by convicted felons. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.

Contact Michael Cindrich right away for a free consultation at (619) 262-2500.

Possession of a Firearm by a Convicted Felon

California Penal Code Section 29800, commonly referred to as the “felon with a firearm” law, makes it a felony for certain individuals to own, purchase, receive, or possess a firearm. This law applies to:

Individuals convicted of a felony under California, federal, or out-of-state law.
Individuals addicted to narcotics.
Individuals with specific prior misdemeanor convictions listed under Penal Code Section 29805.

The law also prohibits individuals with certain juvenile adjudications (under Penal Code Section 29820) and those with previous violent offense convictions (under Penal Code Section 29900) from firearm possession. Additionally, Penal Code Section 29805 prohibits firearm possession for 10 years following specific misdemeanor convictions, such as domestic violence.

Violations of these laws are charged as a felony, punishable by imprisonment, fines, or both, depending on your prior record.

Jury Instructions for Possession of a Firearm by a Convicted Felon

To convict someone under Penal Code Section 29800, the prosecution must prove certain elements beyond a reasonable doubt. These elements, as outlined in CALCRIM No. 2510, include:

The defendant owned, purchased, received, or possessed a firearm.
The defendant knew they owned, purchased, received, or possessed the firearm.
The defendant was previously convicted of a felony, two or more brandishing offenses, or specific misdemeanors outlined in Penal Code Section 29805.

If the defendant is charged under Penal Code Section 29805, the jury must also find that the prior misdemeanor conviction occurred within 10 years of the firearm possession. For cases involving juvenile adjudications under Penal Code Section 29820, the prosecution must prove the defendant was under 30 years old at the time of possession.

The prosecution’s failure to establish any of these elements could result in an acquittal.

Related Offenses to Possession by a Convicted Felon

Lesser offenses may be charged when the facts do not fully meet the elements of Penal Code Section 29800.

Possession of Ammunition: Penal Code Section 30305 makes it illegal for individuals prohibited from possessing firearms to also possess ammunition.

Unlawful Carrying of a Firearm: Penal Code Section 25400 prohibits carrying a concealed firearm without proper authorization, which may result in reduced charges depending on the circumstances.

Possession of a Firearm by a Narcotics Addict: Penal Code Section 29800 also applies to narcotics addicts, but a plea negotiation might focus on treatment over punishment.

Penalties for Possession by a Convicted Felon

The base penalty for possession of a firearm by a convicted felon is a felony. A standard conviction typically results in a sentence of 16 months, 2 years, or 3 years in state prison. Individuals with prior violent felony convictions under Penal Code Section 29900 face enhanced penalties, including mandatory imprisonment for at least six months if probation is granted.

For violations involving specific misdemeanors under Penal Code Section 29805, the offense may be charged as a misdemeanor or felony, with potential penalties ranging from up to 1 year in county jail to 3 years in state prison. Beyond incarceration, those convicted may face fines up to $10,000 and the lifelong loss of firearm rights.

How Can I be Charged for Possession?

Traffic Stop Discovery: A convicted felon is pulled over for a routine traffic stop, and officers find a firearm under the driver’s seat during a search of the vehicle.

Firearm Found During Probation Search: An individual on felony probation has a firearm discovered in their home during a compliance check.

Attempt to Purchase a Firearm: A person prohibited from firearm possession attempts to purchase a gun from a licensed dealer, triggering a background check that reveals their prior conviction.

Firearm Turned Over by a Third Party: A weapon is found in a shared living space, and the convicted individual is accused of constructive possession.

Firearm Possession FAQ

Defendants often have specific concerns about firearm possession charges. Common questions include:

“Can I own a firearm if my felony was expunged?”: Expungement does not typically restore firearm rights in California; separate relief under federal and state law is required.
“What happens if the firearm wasn’t mine?”: Ownership is not necessary for conviction; the prosecution can argue constructive possession if the defendant had control over the firearm.
“Does a prior federal conviction count?”: Yes, federal and out-of-state felony convictions are covered under Penal Code Section 29800 if they would qualify as felonies in California.

These questions highlight the importance of consulting with an experienced lawyer to understand the nuances of these laws.

Additional Resources

California Penal Code Section 29800
California law defines the prohibition against firearm possession for individuals with prior felony convictions or certain misdemeanor convictions. It outlines the specific criteria for violations, penalties, and exceptions, serving as a primary legal resource for understanding firearm restrictions in California.

Attorney General Bonta: Felons Should Not Own Guns
This press release discusses Attorney General Rob Bonta’s stance on the enforcement of firearm restrictions for felons. It highlights a legal case concerning the interpretation of federal firearm prohibitions under 18 U.S.C. § 922(g), emphasizing the state’s commitment to preventing firearm access by individuals with felony convictions.

Process of a Criminal Case
This resource from the San Diego County Public Defender’s Office provides an overview of the steps in a criminal case. It covers the timeline from arrest through trial, plea options, and potential resolutions. The guide explains arraignments, pretrial motions, and the trial process, offering a helpful primer for those navigating the criminal justice system.

Quick Facts on Felons in Possession of a Firearm
This document by the U.S. Sentencing Commission outlines statistics and trends related to federal firearm possession cases under 18 U.S.C. § 922(g). It includes data on offender demographics, criminal history, sentencing outcomes, and mandatory minimum penalties, providing a statistical perspective on firearm-related offenses.

Reinstating a Right to Possess Firearms After a Conviction
This guide explains how individuals with prior convictions may attempt to restore their firearm rights in California. It details the requirements for felony reductions, federal restrictions, and the impact of expungements.

Hire a Lawyer for Firearm Possession by a Convicted Felon Charges in San Diego County, CA

Contact Michael Cindrich right away for a free consultation at (619) 262-2500.