Felon In Possession Of A Firearm - Penal Code 29800
For anyone with a felony conviction, the right to bear arms is a constitutional privilege that is permanently revoked. The legal landscape has become increasingly stringent in preventing individuals from obtaining firearms.
There's a vast segment of the population — politically and just regular people who don't believe anybody should be allowed to have a weapon, and everybody that's against that — the NRA and those people who want their gun rights — always cite to the Constitution, and it's a battle.
A felon in possession of a firearm is covered under Penal Code 29800 PC. If you're living in Los Angeles, California, they're trying to take your gun rights away. Don't kid yourself. This is a state that doesn't want people to have guns.
The police, a lot of times, feel outgunned, so to speak, so when it comes to this ex-con with a gun, if you're a felon and you get caught with a gun, you're going to end up with a conviction for a felony — at least they're going to try to get one. A lot of time, they will try to put you in jail to teach you a lesson.
Where the dividing line is on this ex-con with a gun issue in Los Angeles is why do you have the gun? Some of this stuff seems simplistic/common sense, and that's precisely what it is. They want to know why you have the weapon.
If you've got the gun because you're going to go and commit a robbery, for example, then you're going to prison. That's it. So, they're going to be looking at what the angle — why you've got that gun.
Why Do You Have a Firearm?
People come up with various reasons. Maybe they're going to the shooting range and get caught with a gun. A lot of people are going to the shooting range, buying bullets, putting their fingerprints down, and then here comes the Department of Justice to get you months later.
So, it would be best if you didn't do that. If you've done that, then you're going to have a problem, and you can bet your bottom dollar that the prosecutors are going to ask your defense attorney, why does your client have a gun?
Your defense attorney will be crucial in your case, advocating for your rights, challenging the prosecution's evidence, and negotiating on your behalf. Their expertise and experience can make a significant difference in the outcome of your case. Knowing that you have a skilled professional on your side can give you the confidence and security you need during this difficult process.
Aside from the fact that he's not allowed a gun, what's the reason here? Is he trying to commit some other more severe crime beyond just possessing a firearm? Does he like to have guns? Does he want to fire guns? Is the gun there for their protection?
These are the type of issues that I'm grappling with — and I've been doing this for twenty-five years — and have done a lot of ex-con with a gun and felon with a gun and a whole bunch of different names for it.
But what it boils down to is that if you've been convicted of a felony, you are never allowed to own, use, or possess a gun, weapon, or bullet. I've had bullet cases. We call them bullet cases, where people get caught with a single bullet. Why they've got the bullet? I don't know. But if you've got a bullet, they're going to think you're up to no good, especially if there's any gang activity involved because they figure with gang members, the gun is not too far behind if they've got a bullet or bullets. This is a serious matter, and the consequences can be severe.
But if you've got a bullet, they're going to think you're up to no good, especially if there's any gang activity involved because they figure with gang members, the gun is not too far behind if they've got a bullet or bullets.
Developing a Defense Strategy
The first thing they're going to do is see if they have a good case for you possessing the gun because, a lot of times, people don't have the gun on them. Then you get into an issue of constructive possession, which means even though you didn't have it in your pocket, did you have access to it? Constructive possession is a legal concept that implies you had control over the firearm, even if it wasn't physically on your person.
Did you know it was there? Is that your car where it was found? Is it on your nightstand inside your home? Then they're going to say that you had constructive possession; even though you didn't have it on you at the time, you had access to it, and therefore, you possessed it anyway.
The second issue will be, why did you have the gun? Did you have some sinister purpose, or did you have the gun for your protection? You'd be in a much stronger position if you have the gun for your protection and you're not trying to commit some other type of crime. Sinister purposes could include planning a robbery, assault, or any other criminal activity.
If you find yourself in the situation of being an ex-con with a gun in Los Angeles County, you're in the right place. It's crucial to seek legal counsel. Reach out, and let's meet and discuss your case. I handle these cases regularly and understand what it takes to mitigate them and keep you out of prison. Remember, you're not alone in this. Seeking legal counsel will provide you with the guidance and reassurance you need during this challenging time.
We will work together to compile a mitigation package that will expedite your exit from the criminal justice system. A mitigation package is a collection of evidence and arguments that can be used to persuade the court to reduce your sentence or dismiss your case.
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