California law places strict limits on who may lawfully possess or acquire a firearm. A charge commonly described as felon with a firearm or felon in possession of a firearm can be extremely serious and may expose a person to felony prosecution, imprisonment, and lasting consequences for employment, licensing, and future firearm rights.
At the Law Office of H. Charles Gorian, we understand that firearm-possession cases often turn on close factual and legal questions, including whether the accused actually possessed the firearm, whether the prosecution can prove knowing possession, and whether law enforcement obtained the evidence lawfully. Our office provides strategic, one-on-one defense representation tailored to the facts of your case.
What Is Felon in Possession of a Firearm Under California Law?
California Penal Code section 29800 makes it a felony for certain prohibited persons to own, purchase, receive, or have in their possession or under their custody or control any firearm. The statute applies not only to a person convicted of a felony, but also to certain persons convicted of listed offenses, certain persons addicted to the use of narcotic drugs, and a person who has an outstanding qualifying warrant and knows of that warrant.
Because the statute reaches both actual possession and having a firearm under one’s custody or control, these cases are not always as simple as they first appear. In some situations, the key dispute may be whether the firearm truly belonged to the accused, whether the accused knew it was present, or whether the prosecution can prove the required link between the defendant and the weapon. This sentence is an inference from the statute’s possession, custody, and control language.
The Law Covers More Than Prior Felony Convictions
Although people often refer to this charge as “felon with a firearm,” Penal Code section 29800 is broader than that shorthand suggests. It also applies in some other situations listed in the statute, including certain warrant-based cases and certain listed prior offenses. The statute further contains exceptions for some federal convictions and for some nonviolent out-of-state felony convictions that were later vacated, dismissed, or pardoned under qualifying circumstances. That means the exact history of the prior case or warrant matters. In some cases, whether a prior conviction or out-of-state offense actually creates a firearms prohibition under California law can be a significant issue.
Penalties and Consequences
A violation of Penal Code section 29800 is a felony. A felony firearm-possession conviction can lead to imprisonment, probation issues, future weapons restrictions, and other serious long-term consequences. California’s default felony sentencing rule generally provides for 16 months, two years, or three years unless a different punishment is prescribed or the offense is punishable under section 1170(h).
Because firearm charges often appear together with other allegations, the overall exposure in a case may be greater than the firearm count alone.
Common Defenses to Felon-in-Possession Charges
Every case depends on the facts. Possible defenses may include:
- the defendant did not knowingly possess the firearm
- the firearm was not actually under the defendant’s custody or control
- the accusation is false or based on mistaken ownership or access
- the prior conviction, warrant, or disqualifying status does not qualify the way the prosecution claims
- the firearm was discovered through an unlawful search or seizure
- the facts support a narrow, fact-specific justification defense in limited circumstances
These are defense themes commonly raised in firearm-possession cases; they are not all set out expressly in section 29800 itself. The statute does, however, make clear that the prohibited status and the possession/custody/control allegations are central issues.
Because these cases often involve vehicle searches, home searches, multiple occupants, or shared property, a close review of the police reports, body-cam footage, search procedures, and physical evidence is often critical.
Speak with a Firearm Defense Attorney
If you have been charged with being a felon in possession of a firearm or another firearm-related offense, it is important to seek legal advice as early as possible. A careful review of the facts may reveal important defenses and weaknesses in the prosecution’s case.
The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County. Call (951) 395-0511 or fill out our form today for a free and confidential consultation.