California has a law known as ‘felon with a firearm,’ also known as Penal Code 29800 PC. This is a California gun law that prohibits three groups of people from owning or acquiring guns: convicted felons, anyone convicted of specific misdemeanors, or narcotic drug addicts. If you fall within one of these groups, you are prohibited from owning, possessing, purchasing, or receiving a firearm. One of the main penalties that could occur is having your rights revoked for a minimum of 10 years, but this is not the only thing that you must be aware of.
If you have been convicted of a felony, under something known as Brady Law, you will not be permitted to knowingly possess a gun – and in many states, this federal law plays a role. This is why you should always be aware of your rights before your conviction and before agreeing to anything in court, because it could have an impact on your gun ownership now and for quite some time in the future.
Will Prosecution Seek a Prison Sentence?
Aside from the obvious reality that you will lose your gun rights for a longer amount of time, the prosecution will also seek a prison sentence depending on the circumstances. Do you have more prior felonies relating to weapons? You could see anywhere between two to ten years in prison. If there is a large criminal history behind you, then your resulting punishment will, of course, be heftier. Because you could be dealing with sentence enhancement, there is always a possibility that you will lose out on probation and so much more.
The Need for a Criminal Defense Attorney
If you have committed a felony or were caught with a weapon after a conviction, and you are facing serious charges, there are some things that we must discuss. Call us today for more information on how we can play a role in your case.