California . You purchased, received, owned, or possessed a firearm. You knew of the presence of the firearm.

You didn't legally possess the firearm. You didn't know about the firearm's presence. Self- defense / defense of others. You only had momentary possession of the gun. You had justifiable possession of the gun.

False allegations / wrongful arrest. Penal Code 2. 98. PC is not a violation of the right tobear arms. Penal Code 2. 98.

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PC – felon with a firearm. Penal Code 2. 98. PC – possession of firearm within 1. Penal Code 2. 98. PC – juveniles adjudged wards ofthe court. Penal Code 2. 98. PC – violation of a restraining orprotective order.

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Expungement of a California criminal record. Reducing a felony . California Certificate of Rehabilitation /Governor's pardon. Rehabilitation of peace officers convicted of Penal. Code 2. 98. 00 PC8.

Misdemeanor convictions prior to their being added to Penal Code 2. If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group. Prohibited acts under California Penal. Code 2. 98. 00 PCCalifornia Penal Code 2. PC6 prohibits three groups of individuals from owning guns or ammunition. In order for a jury to convict you of violating California's . The legal definition of .

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Misdemeanor convictions that qualify for prosecution under Penal Code 2. PCPenal Code 2. 98. PC is commonly referred to as California's . Elements of the crime under Penal. Code 2. 98. 00 PC4. You purchased, received, owned, or possessed a firearm.

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The terms . California law essentially defines . You knew of the presence of the firearm. For you to be convicted of unlawful possession of a gun, prosecutors must prove that you knew had it.

Legal defenses to California Penal. Code 2. 98. 00 PCThe good news is that there are a variety of legal defenses that a good California criminal defense lawyer can present on your behalf. You didn't legally possess the firearm. As Riverside criminal defense attorney Michael Scafiddi explains. You didn't know about the firearm's presence.

If you don't know the gun was there, you shouldn't be liable for this charge. Example:  Suppose the police stop you for a traffic violation and see the butt of a gun sticking out beneath the driver's seat. At the time of this offense, however, you were borrowing your friend's car.

Self- defense / defense of others. If you are under an immediate threat, you may have a defense to possessing a gun. You only had momentary possession of the gun. You are excused from a knowing violation of the law if you possess a firearm: momentarily, andin order to abandon, dispose of, or destroy it. In order to prevail on this defense, you must prove all of the following facts: that you only possessed the firearm for a momentary or transitory period,that you possessed the firearm for the sole purpose of abandonment, disposal, or destruction, andthat your possession wasn't for the purpose of preventing the firearm from being seized by law enforcement officers.

The reason that we say that you must prove these facts is because this is an affirmative defense. You had justifiable possession of the gun. Sometimes, possession of a gun may be justified, even if you may not legally own one.

False allegations / wrongful arrest. Unfortunately, sometimes revenge, anger, or jealousy lead people to make false accusations. Penal Code 2. 98.

PC is not a violation of the right to bear arms. California Penal Code 2. Second Amendment U. S. Constitutional right to bear arms or a violation of your California Constitutional right to bear arms. California courts have found the statute to be a valid exercise of California's police power to protect the safety and general welfare of our society.

As a result, appealing to the constitution is not going to be an effective legal defense. Penalties and punishment for unlawful possession of a firearm. Penal Code 2. 98. PC – felon with a firearm. Unlawful possession of a firearm under California Penal Code 2. PC is a felony. Penal Code 2.

PC – possession of firearm within 1. It is a crime to purchase, receive, own, or possess a firearm within ten (1. Penal Code 2. 98. PC – juveniles adjudged wards of the court.

Under Penal Code 2. Examples of crimes that fall under Penal Code 2. PC include (but are not limited to): Violations of Penal Code 2. California state prison,and/or a maximum $1,0.

Penal Code 2. 98. PC – violation of a restraining or protective order. Penal Code 2. 98. Even an attempt to purchase, receive, own or possess a firearm is a crime under this statute. Download Software Sms Massal Full more. Violation of PC 2. Loss of gun rights under California's gun laws.

If you are convicted of any felony, you are banned for life from owning, possessing, or acquiring a firearm. Additionally, some misdemeanor firearm offenses result in a lifetime ban. Restoring your right to possess firearms. If you have been convicted of a felony involving a firearm, there is no way to restore your firearms rights. Otherwise, depending on why your firearm rights were revoked, there are several ways to restore your California gun rights. You must follow these steps, even if your conviction has been expunged. Expungement of a California criminal record.

Expungement of criminal records in California refers to the process of withdrawing a plea of guilty or no contest, and having the case dismissed, after successful completion of probation. Reducing a felony . If it is, you must wait- out the 1. California Certificate of Rehabilitation / Governor's pardon. People convicted in California of a felony or specified misdemeanor sex offenses can apply to obtain a Certificate of Rehabilitation.

Rehabilitation of peace officers convicted under Penal Code 2. PCIf you are a . Misdemeanor convictions prior to their being added to Penal Code 2.

Many of the specific misdemeanor offenses that currently provide the basis for felony prosecution under 2. PC weren't originally included in this statute. Federal restrictions on gun rights. Federal law prohibits additional people from owning guns.

We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California. Additionally, our Las Vegas Nevada criminal defense attorneys represent clients accused of violating Nevada's firearm laws. These include (but are not limited to): battery; sexual battery; domestic violence; stalking; andcriminal threats. See, California Department of Justice – Bureau of Fireams, Firearms Prohibiting Categories. California Penal Code 2. PC –(a) This section applies to any person who satisfies both of the following requirements: (1) The person is alleged to have committed an offense listed in subdivision (b) of Section 7.

Welfare and Institutions Code,an offense described in subdivision (b) of Section 1. Section 2. 98. 05, or any offense described in Section 2. Section 2. 54. 00, or subdivision (a) of Section 2. The person is subsequently adjudged a ward of the juvenile court within the meaning of Section 6.

Welfare and Institutions Code because the person committed an offense listed in subdivision (b) of Section 7. Welfare and Institutions Code,an offense described in subdivision (b) of Section 1. Section 2. 98. 05, or any offense described in Section 2. Section 2. 54. 00, or subdivision (a)of Section 2. Any person described in subdivision (a) shall not own, or have in possession or under custody or control, any firearm until the age of 3. Our Los Angeles criminal defense attorneys have local law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier.

Effective January 1, 2. California Penal Code 1. PC became California Penal Code 2. California Penal Code 3. No person prohibited from owning or possessing a firearm under Chapter 2 (commencing with Section 2.

Chapter 3(commencing with Section 2. Division 9 of this title, or Section 8.