Felon in possession: Difference between revisions
(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...") |
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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.) | |||
Revision as of 17:15, 1 May 2024
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 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.
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.)