{"id":29039,"date":"2025-04-04T14:23:00","date_gmt":"2025-04-04T14:23:00","guid":{"rendered":"https:\/\/www.monderlaw.com\/\/?p=29039"},"modified":"2025-04-04T14:23:00","modified_gmt":"2025-04-04T14:23:00","slug":"california-felon-possession-firearm-defense","status":"publish","type":"post","link":"https:\/\/www.monderlaw.com\/news\/california-felon-possession-firearm-defense\/","title":{"rendered":"Felon in Possession of a Firearm: Fighting the Charge"},"content":{"rendered":"

\"HowCalifornia (and the U.S. in general) has incredibly strict firearm laws, especially when concerning individuals with prior felony conviction(s) on the record – from steep fines to lengthy jail time to a lifetime ban on gun ownership. In addition, the complexity of state and federal laws does not make defense any easier.\u00a0<\/span><\/p>\n

For these reasons, individuals facing a \u201cfelon in possession of a firearm\u201d charge need <\/span>personalized and tactical legal guidance<\/span><\/a> by the best criminal attorney San Diego can offer. Today, we\u2019ll be exploring some of the most viable strategies that defense lawyers employ to explore all legal avenues and protect their clients\u2019 rights.<\/span><\/p>\n

How do you defend against a felon in possession charge?<\/span><\/h2>\n

The defense against a felon in possession charge<\/a> will largely depend on the specific circumstances of the case, but it typically comes down to one or more of the following strategies:<\/span><\/p>\n

Lack of knowledge or possession defense<\/span><\/h3>\n

For the conviction under CA PC \u00a729800, the persecution must prove beyond a reasonable doubt that the defendant was knowingly<\/strong> in possession of a firearm. Therefore, the defense must prove that the defendant:<\/span><\/p>\n

    \n
  1. Was unaware of the firearm\u2019s presence (e.g., in a borrowed car);<\/span><\/li>\n
  2. Did not have possession of a firearm, actual or constructive:<\/span>\n
      \n
    1. Actual possession: Having a firearm on one\u2019s person;<\/span><\/li>\n
    2. Constructive possession: Having immediate access to a firearm (e.g., in a glove compartment of a car).<\/span><\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

      Momentary possession defense<\/span><\/h3>\n

      This strategy applies when the defendant:<\/span><\/p>\n

        \n
      1. Admits they were in possession of a firearm, BUT;<\/span><\/li>\n
      2. Only for a brief period AND for the purpose of disposing it (i.e., destroying it or handing it over to law enforcement).<\/span><\/li>\n<\/ol>\n

        In this instance, the defense essentially must prove that the defendant had no intention of preventing law enforcement from obtaining a firearm.<\/span><\/p>\n

        Justifiable possession defense<\/span><\/h3>\n

        In some cases, the possession of a firearm can be justified, even if the defendant has a prior felony conviction. However, for this strategy to be possible, several elements must be proven true:<\/span><\/p>\n