Prohibition of firearms

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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 offence 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 to own and possess a gun in California.

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Violation of the code is faced with a penalty: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 offences, which allow for a ten-year prohibition of firearms. This list includes physical battery, verbal threats and stalking people on multiple instances.

If you have ever been or are convicted of domestic violence, under the 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 the 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!

If you live in Bakersfield California and are charged with Domestic Violence you are in danger of losing your Second Amendment right for life.   The only way to preserve your constitutional right to keep and bear arms is to get your domestic violence case dismissed.  Meet with an attorney at our Bakersfield office to learn how to protect your rights.  

Do you have questions about a case? Visalia and Bakersfield area criminal defense attorneys at Martens & Brusseau can assist you with criminal charges. With years of criminal defense experience, our firm has handled thousands of cases.  Attorneys here have the skills and knowledge needed to defend your rights. Serving the Visalia, Fresno, and Bakersfield areas, Martens & Brusseau can provide expert criminal defense counsel. CONTACT US AT 559-302-9722 OR 661-466-2142 TODAY

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At Martens & Brusseau Law Corporation, we focus on Assault, Domestic Violence, Drug Possession, DUI, Expungement, and Juvenile Defense, and we are here to listen to you and help you navigate the legal system. Contact us today.

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