If you have dealt with the law in any capacity, you may wonder how it can affect your legal rights. In many states, individuals with a felony conviction are not permitted to own a firearm. If you have a criminal record and are concerned about your rights regarding the ownership of weapons in California, it is important that you understand your state’s laws. Continue reading and consult with a knowledgeable Red Bluff criminal lawyer for skilled legal representation today.
What is a Felony?
A felony is a serious crime that carries significant legal penalties. These types of offenses are often violent in nature or have the capacity to cause serious harm. Felonies are considered more severe than misdemeanors, hence why the punishment for a conviction is generally harsher. Felony convictions typically result in one year or more in prison, substantial fines, formal probation, and restrictions on certain rights.
Some common examples of felony offenses in California include the following.
- Murder
- Attempted murder
- Robbery
- Burglary
- Rape
- Assault with a deadly weapon
- Possession of child pornography
- Certain drug-related offenses
Can I Own a Firearm if I Have a Felony in CA?
No, if you have a felony conviction on your criminal record, you may not own a firearm in California. The law explicitly prohibits those who have been convicted of a felony or who have prior gun-related offenses from owning, purchasing, or possessing a firearm in any capacity. This is outlined in California Penal Code Section 29800, which states the following.
“Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.”
Additionally, any person with two or more convictions of drawing or exhibiting a firearm in a rude, angry, or threatening way, or unlawfully using a firearm in a fight, is also prohibited from owning this type of weapon. This also applies to individuals with outstanding warrants for related offenses who have knowledge of the warrant for their arrest.
Whether you were convicted of a felony in California or somewhere else, you cannot own a firearm in the state. Whether the offense was violent or non-violent does not have any bearing on this fact.
If you have been convicted of a felony in California and have questions or concerns regarding your legal rights and options, it is crucial that you secure experienced legal advice. Contact Cohen Criminal Law to discuss your situation with a skilled attorney today.