LA Criminal Defense Attorney Explains California Felon in Possession of a Firearm and Related Offenses Los Angeles Criminal Defense Attorney FELON IN POSSESSION OF A FIREARM AND FELON IN POSSESSION OF AMMUNITION ARE VERY COMMON AND VERY SERIOUS CHARGES IN LOS ANGELES COUNTY. IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH HAVING A FIREARM WHILE PROHIBITED DUE TO A FELONY CONVICTION, CERTAIN MISDEMEANOR CONVICTIONS, PROBATION STATUS OR PROTECTIVE/RESTRAINING ORDER, YOU NEED A DILIGENT, AGGRESSIVE LAWYER ON YOUR SIDE TO FIGHT FOR YOU. ENHANCEMENTS FOR PROBATION VIOLATIONS AND PRIOR CONVICTIONS CAN LEAD TO LONG PRISON TERMS. IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH A FIREARM OFFENSE, CONTACT OUR OFFICE NOW FOR A FREE CONSULTATION WITH A LOS ANGELES CRIMINAL DEFENSE ATTORNEY. 213-375-3775. SEARCH AND SEIZURE ISSUES ARE AT THE CORE OF A GOOD DEFENSE IN THESE CASES if your rights were violated when the firearm or ammunition found in your possession were violated, it may be possible to get the evidence thrown out and the case dismissed. A motion to suppress evidence is filed in cases where a search violates the Fourth Amendment. (more about motions to suppress). Other defenses can include: lack of knowledge, false accusations, it was not a real gun, not actually in possession, not actually prohibited, not noticed of prohibition and more. SEARCH AND SEIZURE ISSUES: Stop & Frisk & Search of Persons What constitutes a search? Consent Searches Search of Vehicles and Effects How to Suppress Evidence Once you’ve been convicted of a felony, you have a lifetime prohibition from possessing a firearm, and California uses harsh punishments to deter these violations. A violation of one of California’s gun laws can have serious consequences, and even a mandatory sentence in state prison. Here is a breakdown of California’s gun laws relating to those who are ineligible to possess firearms, the regulation of ammunition, and the accompanying punishments under the California Penal Code. PC 29800 – Felon in Possession of a Firearm Under this section, there are three categories of people who are not allowed to own or acquire firearms: (1) convicted felons; (2) those convicted of particular misdemeanors; and (3) narcotic drug addicts. A narcotic drug addict is defined as someone who is emotionally and physically dependent on a narcotic drug and has increased tolerance to it. The third category here would be the hardest for the prosecution to prove, since there is no bright line distinction for “addiction,” as there is for the conviction categories. If the prosecutor can prove that you fall within one of these three categories, the state must then prove: (1) that you owned, purchased, received, or possessed a gun; and (2) that you knew of the presence of the gun. A violation of PC 29800 includes a sentence of up to 16 months or 2-3 years in county jail and/or up to a $10,000 fine, probation or parole, and temporary loss of your search and seizure rights. California also highly regulates various aspects of ammunition, including: its sale and transfer, people prohibited from possessing it, minimum ages for possession, ammunition at gun shows, and other dangerous ammunition the state has deemed “unreasonable.” California deems unreasonable any ammunition designed primarily to penetrate metal or armor. PC 30305 - Felons in Possession of Ammunition Under PC 30305, anyone prohibited from owning or possessing a firearm may not possess or have under custody or control any ammunition or loaded ammunition. If the court finds that you are in violation of PC 30305, it is punishable by imprisonment in county jail or state prison up to one year and/or a fine up to $1,000. PC 30300 – Minors and Ammunition Under this section, any person, corporation, or dealer will be charged if they: (1) sell any ammunition (or reloaded ammunition) to anyone under the age of 18; (2) sell ammunition (or reloaded ammunition) designed and intended for use in a handgun to anyone under the age of 21; or (3) supplies, delivers, or gives possession of any ammunition to any minor the dealer knows (or reasonably should know) is prohibited from possessing it at that time. Note that section 2 has a carve-out. Where the ammunition is suited for both a handgun and a rifle, it can be sold to someone at least 18, but under 21 – as long as the dealer reasonably believes the ammunition is being acquired for use in a rifle, and not a handgun. Section 30300 also provides that proof the person, corporation, or dealer (or their agent or employee) demanded, was shown, and acted in reasonable reliance upon bona fide evidence of majority and identity is a defense to any criminal prosecution arising under this section. This means that if, prior to selling the ammunition, you ask for ID and reasonably rely that the purchaser does not fall under one of the 30300 prohibitions, you may use that as a defense upon conviction under this section of the California Penal Code. Note that the prohibitions on firearm ownership and ammunition somewhat overlap. If you are within the class of people prohibited from owning or possessing a firearm and you are caught with custody or control of any ammunition or reloaded ammunition, the offense is punishable with up to a year in county jail or state prison, and up to a $1,000 fine. Additional Ammunition Regulations Under California law, if you are not law enforcement, a handgun ammunition vendor, a licensed firearms dealer, an importer, a manufacturer, or a collector, you may only deliver or transfer handgun ammunition in a face-to-face transaction, and you must require that the purchaser provide photo identification. In addition, California prohibits anyone from supplying ammunition to someone he or she knows (or reasonably should know) is prohibited from possessing ammunition. Those prohibited from possessing ammunition may include: members of criminal street gangs, those convicted of a felony (or pending felony charges), certain misdemeanors, those who have been detained for mental health issues, and those with restraining orders issued against them. CALIFORNIA GUN AND WEAPON OFFENSES RESTORE YOUR GUN RIGHTS IF YOU HAVE ANY ADDITIONAL QUESTIONS ABOUT YOUR CHARGES AND OR DEFENSES, CONTACT A LOS ANGELES CRIMINAL DEFENSE ATTORNEY NOW FOR A FREE CONSULTATION. 213-375-3775. By LAUREN NORIEGA
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