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Posted by Christopher Martens | Jan 30, 2024 | 0 Comments

California's Law on “Felon with a Firearm”

The penal code 29800 is known as the “felon with firearm” law in California. This law makes it a criminal offense to carry a gun after you have been convicted of a felony. This means if you have been arrested and tried for domestic violence and had a gun in your possession at the time, you are prohibited for the rest of your life from owning and possessing a gun in California.

Violation of the code faced a penalty of 1 year and 4 months, or two to three years in the state prison of California or a fine of $10,000 maximum.

The Penal Code 29805 is California's 10-year prohibition of firearms. Under this code, there are around forty misdemeanor offenses, which allow for a ten-year prohibition of firearms. This list includes physical battery, verbal threats, and stalking people in multiple instances.

If you have ever been or are convicted of domestic violence, under California law, you are banned from carrying a gun for ten years! However, after the ten years are over, you can possess a gun without any worries or procedures. This may be revoked, however, if you had anywhere in the ten-year ban, had another firearms ban invoked on yourself.

18 United States Code 922{g) is the firearms ban by the federal government.

The California state law may allow for a ten-year ban, but the federal law dictates that those convicted of domestic violence shall have a lifetime ban on possessing firearms. Furthermore, if a case arises where federal and California laws dispute each other, the federal law will always take precedence. Many of the people convicted of domestic violence in California, will not be able to possess a gun anywhere else in the country as well. If you do happen to possess a gun, which is directly violating federal law, you are in danger of being charged a fine of up to $250,000! That is not all; you may also have to serve ten years or less in a federal prison!

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.


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