If you've been convicted of a felony in California or any other state, possessing a firearm or ammunition can result in immediate arrest and serious criminal charges. Felon in possession of a firearm is one of the most aggressively prosecuted gun crimes in Los Angeles County, carrying mandatory prison time and life-altering consequences. Whether you were found guilty years ago or recently completed your sentence, the law prohibits convicted felons from owning or possessing firearms. You need an experienced Los Angeles gun crime attorney who understands both state and federal law to protect your rights and freedom.
Decades of criminal defense experience. The attorneys at Hurwitz Law Group have spent years defending clients against weapons charges throughout Los Angeles County. We understand California Penal Code 29800 and federal law under 18 U.S.C. § 922(g), which governs felon-in-possession cases. We know how to challenge unlawful possession charges and build defenses that protect your future in any jurisdiction.
Exclusive focus on LA County courts. We practice exclusively in Los Angeles County, which means we know the local judges, understand DA policies, and have relationships that matter. Whether your case is in Downtown LA, Van Nuys, or Airport Court, we know the procedures and people involved in your prosecution.
Personalized, aggressive representation. You'll work directly with an experienced attorney from start to finish. We investigate immediately, challenge every weak point in the prosecution's case, and prepare for trial from day one while negotiating the best possible outcome for each defendant facing these serious felonies.
California Penal Code 29800 prohibits any person convicted of a felony from owning, purchasing, receiving, possessing, or having custody or control of any firearm or ammunition. This lifetime prohibition applies regardless of how long ago such a conviction occurred or whether you completed probation or parole. The law covers all felonies, violent and non-violent, and includes out-of-state convictions. Possession refers to both actual physical possession and constructive possession. If such person possesses a firearm, the charges can be severe.
A violation is a straight felony punishable by 16 months, 2 years, or 3 years in state prison. There is no misdemeanor option. Any person convicted under this statute faces mandatory imprisonment and permanent firearm forfeiture.
Federal law under 18 U.S.C. § 922(g) makes it unlawful for convicted felons to ship, transport, possess, or receive firearms or ammunition affecting interstate or foreign commerce. Affecting commerce is a serious allegation. This includes any firearm that crossed state lines during manufacture, sale, or distribution, which covers virtually all modern firearms. The statute applies to:
Federal prosecution carries many years in federal prison. Prosecutors often pursue federal charges when firearms were transported across state lines, when the defendant has an extensive criminal history, or when such a person committed the offense while on probation or parole.
Both California and federal law impose lifetime bans on convicted felons possessing firearms. California offers limited restoration of civil rights through a governor's pardon or a Penal Code 4852.17 certificate of rehabilitation, but these remedies are difficult to obtain and apply only to state law restrictions. Federal restrictions remain unless the conviction is expunged, set aside, or the person receives a presidential pardon.
State prison sentences. A conviction under California Penal Code 29800 results in sixteen months to three years in state prison. The court determines the sentence based on prior criminal history, the nature of the underlying felony conviction, and whether the defendant was on probation or parole at the time of the offense. Some first-degree felonies or violent crimes can enhance this base term.
Federal imprisonment. Federal law authorizes up to ten years in federal prison for each violation of 18 U.S.C. § 922(g). Federal sentencing guidelines often result in longer actual sentences than state courts, particularly when the defendant has multiple prior felonies or the crime was committed in connection with drug trafficking or other federal offenses involving controlled substances.
Probation denial. Courts rarely grant probation in felon-in-possession cases. When probation is offered, it comes with strict conditions, including search clauses, GPS monitoring, and prohibitions on possessing any weapon. Violating probation terms can result in immediate custody and the imposition of the full prison sentence.
Enhanced sentences for prior strikes. If your prior conviction qualifies as a "strike" under California's Three Strikes law, a felon in possession conviction counts as your second or third strike. A second strike doubles your prison sentence. A third strike can result in twenty-five years to life imprisonment for what would otherwise be a three-year maximum offense.
Firearm and ammunition forfeiture. Any firearm or ammunition seized will be permanently forfeited and destroyed. If the weapon was expensive or has sentimental value, it cannot be transferred to family members or sold—it's taken and destroyed by law enforcement.
Collateral consequences. Beyond imprisonment, a conviction affects employment opportunities, professional licenses, housing applications, and immigration status. Federal convictions can make you deportable if you're not a U.S. citizen, and state convictions eliminate any remaining civil rights, such as voting or serving on a jury.
To convict a defendant of felon in possession of a firearm, prosecutors must establish several elements:
The Fourth Amendment protects against unreasonable searches. Police must have probable cause, a valid warrant, or meet specific exceptions to search your person, vehicle, or home. If officers violated your constitutional rights during the search that discovered the firearm, we file a motion to suppress under Penal Code 1538.5 (state court) or a federal suppression motion. Without the weapon, the prosecution cannot prove its case and establish unlawful possession.
Possession refers to both actual and constructive possession as defined under California and federal law. We challenge cases in which the evidence fails to establish that the defendant possessed or exercised control over the firearm. In shared-vehicle or shared-residence situations, multiple people may have access to where the weapon was found. The prosecution must prove beyond a reasonable doubt that you—not someone else—possessed the firearm. We present evidence showing that other individuals had equal or greater access and control.
Even if a firearm was in your car or home, the prosecution must prove you knew it was there. If someone else placed the weapon in your vehicle without your knowledge, or if you recently purchased a vehicle that contained a hidden firearm, you cannot be convicted. We gather evidence, including witness testimony, purchase records, and timelines, to show you didn't know the weapon was present.
Sometimes, the prior conviction used to support the charge doesn't legally qualify as a felony. Under Proposition 47 and Proposition 64, certain prior felonies can be reduced to misdemeanors. If your underlying conviction has been or can be reduced, you may not meet the legal definition of a convicted felon, and the charges must be dismissed. We also challenge cases where the prior conviction was from another state and doesn't meet California's definition of a qualifying felony.
In limited circumstances, momentary possession of a firearm for safety purposes may be a defense. For example, if someone threatened you with a gun and you temporarily took control of the weapon to protect yourself or others, this brief possession may not constitute a violation. These defenses are fact-specific and require careful presentation, but they can be effective when such a person acted reasonably under emergency circumstances.
Jurisdiction and venue. State cases are prosecuted by the Los Angeles County District Attorney's office in local superior courts. Assistant U.S. Attorneys in the Central District of California federal courthouse downtown handle federal cases. Federal prosecutors typically pursue cases involving weapons trafficking, interstate or foreign commerce connections, or defendants with extensive criminal histories.
Sentencing disparities. Federal sentences are generally longer than state sentences for the same offense. Federal guidelines consider criminal history points, offense characteristics, and enhancements that often result in a term exceeding what California courts impose.
Prosecution strategies. Federal prosecutors have greater resources and often charge related offenses, including 18 U.S.C. § 922(g) (felon in possession), 18 U.S.C. § 924(c) (using a firearm during a crime of violence or drug trafficking), and conspiracy charges. They may threaten additional counts to pressure guilty pleas. State prosecutors focus primarily on the possession charge itself and related California Penal Code violations.
Felon in possession charges rarely stand alone. Prosecutors often file additional charges including:
Carrying a loaded firearm (PC 25850). If the weapon was loaded, you face an additional felony or misdemeanor charge with separate penalties and a possible consecutive sentence.
Carrying a concealed firearm (PC 25400). If the weapon was hidden on your person or in your vehicle, prosecutors add this charge, which carries its own term of imprisonment.
Gang enhancements (PC 186.22). If prosecutors allege the offense was committed for the benefit of a criminal street gang, you face an additional two to four years in prison. This enhancement applies even if you weren't actively participating in gang activities when arrested.
Gun enhancements during other crimes. If you possessed the firearm while committing another felony such as drug sales, robbery, or assault, prosecutors may add Penal Code 12022.5 or 12022.53 enhancements..
Federal stacking charges. Federal prosecutors often charge 18 U.S.C. § 924(c) when a firearm is possessed during drug trafficking or a crime of violence. This charge carries a mandatory minimum sentence that must run consecutively to any other sentence, including the base felon in possession charge.
If you've been arrested for felon in possession of a firearm in Los Angeles, contact Hurwitz Law Group immediately for a confidential consultation. We're available 24/7 and move quickly because speed matters. Evidence disappears, witnesses forget, and the prosecution builds its case daily. Call now to speak directly with an attorney who will fight to protect your freedom, your rights, and your future. Same-day representation is available for clients who need immediate legal assistance after being convicted of a felony or facing any firearm charge under California or federal law.
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