Felon in possession - Revision history

Sysop at 17:30, 1 May 2024

2024-05-01T17:30:21Z

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	Substantial evidence supports Aleman's conviction on count 7. The storage unit contained a fully loaded unregistered revolver wrapped in a knit cap; an empty gun case, holster and magazine for a nine-millimeter Glock; nine-millimeter Winchester bullets; bullets for a nine-millimeter Luger; expended nine-millimeter CCI casings; a long rifle; rifle cartridges; cell phones; and Aleman's phone bills, expired driver's license and a photograph of him. A receipt for the unit was found in his car when he was arrested. (People v. Aleman (Cal. Ct. App. 2016) 202 Cal.Rptr.3d 563, 594.)		Substantial evidence supports Aleman's conviction on count 7. The storage unit contained a fully loaded unregistered revolver wrapped in a knit cap; an empty gun case, holster and magazine for a nine-millimeter Glock; nine-millimeter Winchester bullets; bullets for a nine-millimeter Luger; expended nine-millimeter CCI casings; a long rifle; rifle cartridges; cell phones; and Aleman's phone bills, expired driver's license and a photograph of him. A receipt for the unit was found in his car when he was arrested. (People v. Aleman (Cal. Ct. App. 2016) 202 Cal.Rptr.3d 563, 594.)

			Defendant's knowledge of his or her status as an ex-felon is not an element of this offense. So a mistake of law concerning this status does not constitute a defense. (People v. Snyder, 32 Cal.3d 590, 592–595, 186 Cal.Rptr. 485, 652 P.2d 42, 43–45 (1982).)

Sysop at 17:17, 1 May 2024

2024-05-01T17:17:01Z

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	A conviction for possession of a gun must be based on intentional actual or constructive possession of the gun (People v. Sifuentes (2011) 195 Cal.App.4th 1410, 1417 & fn. 3 [125 Cal.Rptr.3d 903]), not merely walking nearby (id. at p. 1417, 125 Cal.Rptr.3d 903). (People v. Elder (2014) 227 Cal.App.4th 1308, 1313.)		A conviction for possession of a gun must be based on intentional actual or constructive possession of the gun (People v. Sifuentes (2011) 195 Cal.App.4th 1410, 1417 & fn. 3 [125 Cal.Rptr.3d 903]), not merely walking nearby (id. at p. 1417, 125 Cal.Rptr.3d 903). (People v. Elder (2014) 227 Cal.App.4th 1308, 1313.)

			Substantial evidence supports Aleman's conviction on count 7. The storage unit contained a fully loaded unregistered revolver wrapped in a knit cap; an empty gun case, holster and magazine for a nine-millimeter Glock; nine-millimeter Winchester bullets; bullets for a nine-millimeter Luger; expended nine-millimeter CCI casings; a long rifle; rifle cartridges; cell phones; and Aleman's phone bills, expired driver's license and a photograph of him. A receipt for the unit was found in his car when he was arrested. (People v. Aleman (Cal. Ct. App. 2016) 202 Cal.Rptr.3d 563, 594.)

Sysop at 17:15, 1 May 2024

2024-05-01T17:15:29Z

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	''United States v. Pruner'' 606 F.2d 871 (9th Cir.1979)		''United States v. Pruner'' 606 F.2d 871 (9th Cir.1979)
	''United States v. Houston'' 547 F.2d 104 (9th Cir. 1976)		''United States v. Houston'' 547 F.2d 104 (9th Cir. 1976)


	The current felon-in-possession statute is [[PC29800]]. It formerly was [[PC12021]].		The current felon-in-possession statute is [[PC29800]]. It formerly was [[PC12021]].

			Implicit in the crime of possession of a firearm by a felon is that a person is aware both that the item is in his or her possession and that it is a firearm. Cal. Penal Code § 29800. People v. Clark, 62 Cal. App. 5th 939, 277 Cal. Rptr. 3d 176 (3d Dist. 2021).

			A defendant has actual possession of a firearm, for the purposes of a charge for possession of firearm by convicted felon, when the weapon is in his or her immediate possession or control, i.e., when he or she is actually holding or touching it. Cal. Penal Code § 29800(a)(1). People v. Bay, 40 Cal. App. 5th 126, 253 Cal. Rptr. 3d 26 (1st Dist. 2019).

			A conviction for possession of a gun must be based on intentional actual or constructive possession of the gun (People v. Sifuentes (2011) 195 Cal.App.4th 1410, 1417 & fn. 3 [125 Cal.Rptr.3d 903]), not merely walking nearby (id. at p. 1417, 125 Cal.Rptr.3d 903). (People v. Elder (2014) 227 Cal.App.4th 1308, 1313.)

Sysop: Created page with "Under both federal law and California law, it is a felony for a convicted felon to possess a firearm. A reduction from a felony to a misdemeanor under PC17 means the per..."

2014-04-11T20:33:58Z

Created page with "Under both federal law and California law, it is a felony for a convicted felon to possess a firearm. A reduction from a felony to a misdemeanor under PC17 means the per..."

New page

Under both federal law and California law, it is a felony for a convicted felon to possess a firearm.

A reduction from a felony to a misdemeanor under [[PC17]] means the person is no longer a felon and can possess a firearm. (''People v. Gilbreth'' (2007) 156 Cal.App.4th 53.)

For federal law, a post-conviction [[Esteybar motion|reduction to misdemeanor]] under [[PC17]] may not change the fact that the person was formerly convicted of a felon; firearm possession may still prohibited. (''United States v. Tallmadge'' (9th Cir. 1987)
''United States v. Pruner'' 606 F.2d 871 (9th Cir.1979)
''United States v. Houston'' 547 F.2d 104 (9th Cir. 1976)

The current felon-in-possession statute is [[PC29800]]. It formerly was [[PC12021]].