The Ins and Outs of Firearm Possession Laws in California

 The Ins and Outs of Firearm Possession Laws in California

For anyone interested in owning guns in California, it's important to understand the state's laws around who can and cannot legally possess firearms. This blog breaks down key aspects of California's firearm possession statutes, prohibited persons, and potential criminal charges.

Felons and Firearms Don't Mix in California

One of the biggest no-nos when it comes to firearms in California is possession by convicted felons. California Penal Code 29800 specifically prohibits felons from owning or possessing any kind of gun, even antique or inoperable firearms. This lifetime ban applies even after a felon's sentence is completed. Violations are charged as a new felony offense.

So What Happens If a Felon Gets Caught With a Gun in California?

If convicted of unlawful possession under PC 29800, penalties can include years in jail or prison, fines up to $10,000, mandatory probation or parole, forfeiture of the firearm, and potentially enhanced sentences for repeat violations. Defense attorneys may argue the defendant didn't know the prohibited item was a firearm or challenge searches violating the 4th Amendment. But make no mistake, felons with guns in California face serious consequences.

Beyond Felons, Who Else Can't Possess Firearms in California?

In addition to felons, other prohibited persons include:

• Those addicted to illicit narcotics
• Individuals subject to domestic violence restraining orders
• Certain violent misdemeanor offenders
• Minors convicted in adult court

Police have the authority to confiscate guns from and arrest prohibited persons found in unlawful possession. But for lawful owners not subject to restrictions, rights are upheld. It's about enhancing public safety through reasonable measures.

The Role of California's Penal Code in Firearm Laws

Nearly all of California's laws around prohibited persons, weapon sentencing enhancements, and criminal firearm offenses are contained within the state Penal Code. Unlawful possession crimes require prosecutors prove knowing, intentional possession - excluding accidental handling. But constructive possession also applies when controlling spaces containing firearms.

In Closing

Anyone seeking to lawfully purchase or own guns in California should fully understand state laws, particularly prohibited persons statutes. While lawful ownership remains protected, public safety is also served by keeping firearms away from those legally or mentally unfit. With sound policies, both interests can achieve balance.