Peter Blair | April 3, 2015 | Featured Front Page
Felons are not allowed to carry a firearm in pursuant with California Penal Code 29800. Section A of the “Felon with A Firearm Law” states, “Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or an offense enumerated in subdivision (a), (b), or (d) of section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.”
To recap, any convicted felons, violators of specific misdemeanors, and narcotic drug addicts are not allowed to possess a firearm. Our state laws also ban the possession of firearms anyone suffering from mental illness and all minors.
What is a Firearm?
California Penal Code Section 16520 defines a firearm as, “any device designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of any explosion or other form of combustion.” Penal Code Section 16520 also places the frame, the receiver, and rockets in the firearm category. However, according to CalGunsFoundations.org, air guns, magazines, and modern tasers do not fall into the category of firearms.
Am I a Felon?
According to Legal Match, felons are people who have been convicted of a crime that carries a prison sentence greater than one year. Typical felonies are murder, rape, and armed robbery.
Components of Felon with a Firearm
The four components of the Felon with a Firearm Law are purchasing, receiving, owning, and possessing. According to California Jury Instructions—Criminal (CALJIC) 12.43, there are two different types of possession: actual and constructive. Actual possession is when the offender intentionally used a firearm and knew they were using the weapon. Constructive possession only requires proof that the offender knew they had control over a firearm or the right to control either directly or through someone else. Any offenders found guilty could face up to three years in prison.
Suppliers are Not Safe Either
If you knowingly provided a firearm to felon, then you will need a lawyer as well. Under Penal Code 27500, no person or corporation can “knowingly” supply a firearm to a felon. Punishment in pursuant with Penal Code 27590 is a prison sentence of two to four years.
Defenses for Felon with a Firearm
Below are some of the defenses that can be used for “Felon with a Firearm” cases:
- Unlawful Search and Seizure
- Didn’t Legally Possess the Firearm
- Didn’t Know the Gun was Present
- Momentary Possession
Read, Read, Read
Make sure you do your homework and read up on California’s gun laws. Now is the time to prepare for your day in court. Be sure to also check out Firearm Violation page for more information on proper firearm handling and procedures. Submit your inquiries to Peter Blair, and we will figure out a convenient time to discuss your situation.