Say you are a Los Angeles resident convicted of a felony crime — such as murder, burglary or extortion — quite a few years ago. You served your jail time and were released. You're considering purchasing a gun to keep your family safe. When you apply for your gun license, you're denied. Why?
That is because under California Penal Code 29800 PC, as a convicted felon you have lost your ability to legally own a firearm in California.
California Penal Code 29800 PC states certain types of people cannot not legally purchase or own a firearm:
Additionally, these people cannot legally have a gun in their possession, even if it's technically not theirs. For example, if a friend gave it to them or a roommate had a firearm in their room.
The California Department of Justice Bureau of Firearms also has a list of misdemeanor offenses that, if you are convicted, will normally result in you not being able to purchase a firearm for at least 10 years. Some of this misdemeanors include:
Let's go back to our previous example — you're a Los Angeles resident convicted of a felony crime and while driving, you're pulled over by a police officer. They state they have probable cause to search your vehicle, and during the search find the firearm in your glove compartment. You're arrested for illegally possessing a gun as a convicted felon.
In this particular scenario, there are a few legal defenses a criminal defense lawyer could use:
If you are found guilty of possessing a firearm illegally, the penalties you can be facing include:
A judge could decide on felony probation instead of time in a county jail.
If you find yourself arrested under California Penal Code 29800 PC, you need a criminal defense attorney competent in the law and its defenses. For the past decade, the H Law Group has been serving the people of Los Angeles, Orange County, Riverside, Ventura, and San Diego County, and believes everybody deserves justice and their time in court. Call them today at (213) 370-0404 for a free consultation.