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Felon in Possession of a Firearm 

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Under California Penal Code § 29800 and 18 USC 922(g)

If you have been convicted of a felony in the past, Penal Code § 29800 will forever bar you from legally possessing a firearm in the future. Federal law also prohibits such possession under 18 USC 922(g). It does not matter if the prior felony was committed with the use of a weapon. Any felony will bar possession under this section.

However, if prosecuted by the State, and probation or sentencing is stayed for the instant offense under Penal Code § 29800, if the prior offense was a violent felony, there will be a mandatory 6 month sentence in county jail under Penal Code § 12021.1 in addition to whatever is given for the instant offense. If prosecuted federally, a felon in possession of a firearm would be looking at up to 10 years in federal prison.

There are a few defenses and exemptions that will allow a felon charged under Penal Code § 29800 to escape a conviction. A felon will have the right to be in possession of a firearm if they (1) found the firearm or confiscated the firearm from an individual they believed was going to commit a crime, (2) were in the process of returning the firearm to law enforcement, and (3) possessed the firearm for no longer than necessary to transfer possession of the firearm to law enforcement. If you are arrested and charged under PC § 29800 and these elements may be reasonably drawn from the facts specific to your case, the prosecution may not properly convict you under either of these state or federal statutes.

Neither Penal Code § 29088 nor 18 USC 922(g) will apply to an individual who was once convicted of a felony, but has since had the felony expunged for their record. Expunging a felony is a two-step process involving reducing the felony to a misdemeanor and then removing the misdemeanor from your record completely. If a State or Federal felony conviction is properly expunged, this will completely restore your rights under the Second Amendment to use and possession of firearms. If you have been arrested and charged under either of these sections, or if you have a felony conviction on your record and wish to have it expunged, contact an experienced and skilled firearms attorney in San Diego immediately so that they may help you ensure your rights and liberties are secure and protected.

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San Diego, CA 92101
(619) 398-2500

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