California prohibits individuals found guilty of felony offenses from controlling, buying, receiving, or owning a firearm. The state and federal statutes impose and enforce the lifetime ban on gun ownership on all felons regardless of the felony type. With the lifetime ban, it is incredibly challenging to restore the license if you have a felony conviction record. Given the severe penalties you face for non-compliance and the intricacies of the legal provisions, you should consult with an experienced criminal attorney to understand the felony firearm statutes.

California Statutes on Felons and Gun Ownership or Control

California and federal laws provide a solid framework prohibiting gun ownership or possession among felons. Both statutes work concurrently, meaning that, as a felon, you must satisfy both statutes.

California Felon with a Gun Statute

Per PEN 29800, it is unlawful for an individual with a prior felony guilty verdict record to own, buy, receive, or control a firearm. The ban is permanent or lasts for a lifetime and applies to all felony sentences resulting in prison incarceration, whether violent or non-violent. The origin of the guilty verdict is irrelevant as long as it happened on US soil. Therefore, a felony sentence, even for a non-violent offense like fraud, will lead to a lifetime gun ownership ban. Many felons overlook the severity of the ban, making them legally vulnerable in the event of non-compliance because non-compliance also attracts felony charges.

When prosecuting a PEN 29800 violation, the prosecutor or DA should demonstrate that:

  • You owned, bought, received, or controlled a gun

  • You were aware of the purchase or ownership

  • You have been previously convicted of a felony offense

The Federal Statute

18 U.S.C. § 922(g) complements PEN 29800 by banning possession, purchase, or ownership of a gun or ammunition by any person charged with a violation whose guilty verdict attracts at least twelve months of incarceration. The ban imposed by these statutes is also permanent, like California statutes. The only distinction is that the federal law's lifetime ban applies regardless of the actual sentence imposed by the court. The law focuses on the sentence exceeding twelve months you could receive for the violation, even if the court imposed a different sentence, like probation or imprisonment for less than twelve months. It is easy to misunderstand this nuance because many defendants consider the actual incarceration instead of the potential sentence.

With the two statutes existing concurrently, you must satisfy all of them, as violating one could attract felony charges. Besides, if you want to restore your gun rights, you could be eligible under one statute but ineligible under another, making the process complex. If you wish to regain your rights, consult a defense attorney with knowledge of both laws for guidance on the best legal course to avoid non-compliance.

Definition of Legal Terms

The terms that you should understand to understand PEN 29800 are:

  1. Prohibited Persons

A felon, per California statutes, is an individual found guilty of a felony violation anywhere in the country. The definition also encompasses individuals sentenced to at least thirty days in a correctional facility or who have served a felony sentence. The ban applies regardless of the nature of the felony.

  1. Firearm Meaning

Any device designed and utilized as a weapon with a tubular barrel that expels projectiles in an explosive force or combustion is a firearm. The device must not be loaded or operable to qualify as a firearm. Besides, the device’s receiver or frame is like a gun silencer and qualifies as a firearm. Nevertheless, antique and BB guns are excluded from the definition.

  1. Possession Definition

The lifetime prohibition of gun ownership by felons exceeds past ownership. Even if you do not own the gun, possession, control, receiving, or purchase is non-compliant and can attract criminal charges and possible penalties.

There are two forms of possession. The first is actual possession, which means having direct control of the gun in your hands or within your immediate person, like the pocket or bag you carry. In contrast, constructive possession means you lack direct physical control of the gun, but it is in a location you can access or control, or in the hands of a person you control.

When proving the possession element, the prosecutor must demonstrate that you knew of the gun’s presence. For instance, if you were present in a location where a firearm is and you could easily access it, you risk non-compliance charges even if you do not own the gun. Therefore, if you are a prohibited individual living in a shared space, you must be cautious and aware of your surroundings to avoid charges for violating the lifetime ban on gun ownership or possession. Individuals living in shared spaces with felons are encouraged to keep the firearms in storage units away from the space and under their names. Keeping the gun in the shared space could result in a PEN 29800 violation for the felon. The gun owner could also face charges for aiding and abetting. Consult with an experienced attorney for guidance if you are a felon and share the same space with a gun owner.

However, proving you, the defendant, had the gun requires more than proximity or access to the firearm. If you momentarily possessed the weapon, your defense attorney can contest the prosecutor’s arguments by proving with most evidence that the gun was in transit. It was only in your presence for a moment that you were disposing of the gun when you were arrested or accused of a violation, or you did not attempt to hamper law enforcers from accessing the firearm.

Felon with a Gun Penalties

When the prosecutor successfully proves all the elements for violating PEN 29800, you risk a prison sentence of 16, 24, or 36 months. Additionally, the judge can impose a monetary court fine of at most $10,000 in place of or alongside the prison sentence. If you have a strike on your record, a conviction for a felony PEN 29800 violation will double your possible sentence, meaning you risk a prison sentence ranging from 32 to 78 months. Depending on the case’s facts, the judge can impose felony or formal probation and suspend your civil rights.

If released on formal probation, one of the program's conditions will be surrendering your gun and not possessing any.

Other Categories of Parties Banned From Owning or Possessing Guns

While the primary focus of PEN 29800 is to bar individuals with felony convictions from owning firearms, California statutes extend the ban to particular prior misdemeanor convictions, individuals with mental health issues, persons convicted of domestic violence, or narcotics addicts.

Certain Misdemeanor Sentences

California statute bars persons found guilty of specific misdemeanor offenses from possessing or owning guns. The period during which these individuals are stripped of their gun rights varies, with some misdemeanor violations attracting a 10-year prohibition and others, a lifetime ban. This shows that the pervasive nature of gun laws in California extends past felons, affecting individuals who seemingly have prior convictions for minor misdemeanor offenses. Therefore, when your gun ownership rights are affected by a previous sentence, it is crucial to look past felony convictions and review your criminal record for misdemeanor sentences that strip your gun ownership rights, whether temporarily or permanently.

Misdemeanor offenses whose guilty verdicts lead to a 10-year gun ownership prohibition are:

  • Assault (PEN 240 & 241)

  • Battery (PEN 242 & 243)

  • Criminal threats (PEN 422)

  • Deliberate violation of a domestic violence protective order (PEN 273.6)

  • Discharging a weapon in gross negligence (PEN 243.6)

  • Gun possession in a school zone (PEN 626.9)

  • Assault with a deadly weapon (PEN 245 (a) (1))

The common misdemeanor offenses whose guilty verdicts lead to a lifetime prohibition from gun ownership are:

  • Assault with an assault rifle or machine gun (PEN 245 (a) (3))

  • Shooting at an occupied car or inhabited dwelling (PEN 246)

  • Assault with a weapon (PEN 245 (a) (2))

  • Assault with a gun, machine gun, or assault firearm on a peace officer (PEN 245(d))

Additionally, having at least two prior misdemeanor guilty verdicts for brandishing a weapon or gun under PEN 417 can result in a lifetime firearm ownership ban.

Some of the listed offenses are wobblers, meaning the prosecutor can file felony or misdemeanor charges depending on the case’s facts. If any of the offenses is filed as a felony, a conviction will take away your gun rights permanently. Even if the prosecutor opted for misdemeanor charges for any of these violations and you were convicted, you would still face a lifetime ban, as the law considers the potential sentence and not the actual sentence imposed.

Narcotics Addiction

Another category of people who risk denial of gun ownership rights is narcotic addicts. Individuals addicted to these substances are prohibited from possessing or owning a firearm. Addiction means the person relies on the substance physically or emotionally and has increased tolerance to the effects of the controlled substance.

Domestic Violence (DV) Sentences

Any conviction for a DV offense carries a gun prohibition of 120 months. The federal statutes, however, impose a lifetime ban, meaning they triumph over the state statutes, whose ban is temporary.

Therefore, if you have a prior misdemeanor sentence for DV on your record, controlling or having a gun is a violation, and a guilty verdict can attract no more than 120 months in a federal prison. If you have at least three priors on your record, a conviction will lead to at least 15 years of incarceration in a federal prison.

Reinstating Your Firearm Rights

Any guilty verdict for a felony offense leads to the stripping of your gun rights for a lifetime unless you restore them. Reinstating these privileges is challenging because California and federal laws apply. Therefore, you must partner with an experienced gun offenses attorney to explore the best way to restore the ownership rights. The standard mechanisms for restoring your rights are:

  1. Seeking the Reduction of the Baseline Criminal Charge

When you were convicted of a felony wobbler, you can petition the court to reduce the original charge to a misdemeanor under PEN 17(b) to avoid the potential penalties of a felony sentence, which leads to a lifetime ban. Charge reduction is the fastest way to restore your rights. Nevertheless, it does not reinstate gun rights under federal law. Therefore, after securing a reduction and serving the ban duration, you might believe your rights are restored, only to find yourself in violation of federal gun laws. Therefore, you should discuss this option's benefits and cons before seeking a reduction.

You can file a reduction petition when your defense attorney evaluates the case’s facts and recommends a reduction to restore your firearm rights. If granted, you will regain your rights to receive, buy, control, or own a gun.

  1. Expunction or Expungement

Expungement under PEN 1203.4 allows you to withdraw a no contest or guilty plea for the court to set aside your conviction. An expunction releases you from many disabilities or collateral ramifications of a criminal record. If a previous conviction barred you from possessing a firearm, expunging the record could be one of the steps towards reinstating your firearm rights.

  1. Rehabilitation Certificate

When a felony conviction leads to loss of gun rights, the sure way to reinstate the privileges is through a governor’s pardon. To qualify for the pardon, you must demonstrate 10 or more years of good behavior after release from parole or formal probation. You should petition the court for a rehabilitation certificate if you are eligible. Once granted, the court declares you rehabilitated. You can then forward the certificate or order to the governor, who acts on the application for a pardon. Pardons are discretionary, meaning that you are not assured of gun rights restoration even with the certificate. However, when the governor pardons you, the sentence becomes a legal nullity, and your firearm rights are reinstated.

Find a Competent Gun Offenses Defense Attorney Near Me

A felony sentence, in or outside California, leads to a lifetime prohibition from gun ownership. The restrictions also apply to certain misdemeanors and narcotic addicts. The penalties of non-compliance are devastating. While you can restore your rights through a governor’s pardon, expungement, or charge reduction, these pathways are extremely complex. You need the help of a competent criminal attorney to navigate them. At the Law Offices of Jonathan Franklin, we will review your case to offer accurate and tailored advice on restoring your gun rights. Call us at 310-273-9600 to discuss your case in Los Angeles.