California's "Felon with a Firearm" Law

Penal Code 12021 PC

 

Penal Code 12021 PC prohibits convicted felons from purchasing, receiving, owning, or possessing a firearm.

Carrying a concealed weapon is now a separate offense, punishable under California Penal Code 12025 PC.

PC 12021 is commonly referred to as California's "felon with a firearm" law. But it's actually a much more comprehensive California gun law. The prohibition on firearms extends to a variety of people and applies to a variety of prior convictions, even to some misdemeanors.

As former prosecutors and cops, we have the inside knowledge essential to understanding how California firearm crimes are prosecuted and…more importantly…successfully defended.

Below, our California criminal defense attorneys¹ will address the following:

(Click on a title to proceed directly to that section)

1) Legal Definition of "Felon with a Firearm"

2) Defenses to Penal Code 12021 PC

3) Penalties, Punishment, and Sentencing for
    Violating California's "Felon with a Firearm" Law

4) Less Common Violations under
    Penal Code 12021 PC

5) Restoring your Right to Possess Firearms

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

You may also find helpful information in our related articles on California Firearm Offenses, Restoring Your California Gun Rights, Penal Code 417 PC "Brandishing a Firearm / Weapon", California Self-Defense Laws, California Legal Defenses, Reducing a Felony to a Misdemeanor, California Expungement Law, Certificates of Rehabilitation, and Governor's Pardons.

1) Legal Definition of "Felon with a Firearm"

California Penal Code 12021 PC creates a prohibition on gun possession for three classes of individuals:

1. people who have been convicted of a felony offense, regardless of where the conviction took place,



2. people who have been convicted of specific misdemeanors, and



3. people who are addicted to any narcotic drug.² If you are "addicted" to a narcotic drug, it means that you are both emotionally and physically dependent on the drug and have an increased tolerance to its effects.³

In order for the prosecutor to convict you of violating California's "felon with a firearm" law, he/she must prove that you

1. fall into one of the above categories,



2. owned, purchased, received, or possessed a gun, and



3. knew of the presence of the gun.⁴

Let's take a closer look at some of these terms to gain a better understanding of their meanings.

Felon

A "felon" is anyone who has been convicted of a felony offense in any state, under United States federal law, or by any other government or country. A U.S. "felony conviction" (as opposed to a California felony conviction) refers to convictions that

1. can only result in felony punishment, or



2. result in a sentence to a federal correctional facility for more than 30 days, and/or a fine of more than $1,000.⁵

Definition of "firearm"

A "firearm" under California's gun laws means "any device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of any explosion or other form of combustion."⁶ Although this definition includes the frame or receiver of the weapon, neither is necessary for a conviction under this section.⁷

If the object qualifies as a firearm under this section, it doesn't matter whether it was loaded or unloaded at the time of the offense.⁸ But on that note, it's also illegal for someone who is prohibited from possessing firearms, to possess ammunition.⁹

Examples: Examples of "firearms"…which are generically referred to as guns…include (but are not limited to):

• pistols,



• revolvers,



• rifles, and



• shotguns.¹⁰

Excluded from the definition under Penal Code 12021 PC are

• pellet guns, and



• BB guns.¹¹

Specific misdemeanor convictions that qualify for prosecution

PC 12021 is commonly referred to as "felon with a firearm". However, there are a number of misdemeanor convictions that subject an individual to prosecution under this section as well.

If:

1. you suffer a misdemeanor conviction for any of the offenses listed in Penal Code 12021(a), 12021(b), or 12021.1 PC, and



2. you own, possess, purchase or receive a gun,

prosecutors could convict you of unlawful possession of a firearm. Some of these misdemeanor offenses include (but are not limited to):

• certain violations of Penal Code 245 PC, California's assault with a deadly weapon law,



• certain violations of California Penal Code 417 PC dealing with brandishing a weapon, and



• a variety of California sex crimes.¹²

That you purchased, received, owned, or possessed a firearm

The terms "purchasing, receiving, and owning" require little explanation. But the legal definition of possession does. California law essentially defines "possession" as control. There are two types of possession: actual possession and constructive possession.¹³

"Actual possession" means that you have direct, physical control over the firearm.¹⁴

Example: You are holding a gun.

"Constructive possession" means that you have access to the firearm or the right to control it.¹⁵

Example: Even while you are out, you have constructive possession of the gun that you own and keep in your dresser drawer.

That you knew of the presence of the firearm

Before prosecutors can convict you of unlawful possession of a gun, they must be able to prove that you knew you purchased, received, owned, or possessed the weapon. This "knowledge" goes hand in hand with the concept of possession.

If you have actual possession of the gun, them most likely know of its presence. But if you only have constructive possession of the gun, your knowledge about the gun's presence may be questionable.

In terms of proving "knowledge", it's important to understand that the only knowledge required by 12021 PC is knowledge about the character of the firearm. Evidence that you were unaware of the legal prohibition to own or possess one is irrelevant.¹⁶

Suppose that you don't know you are a convicted felon…or aren't aware that you were convicted of one of the specific misdemeanors…and don't even realize that you're not allowed to have a gun. That lack of knowledge will generally not serve as a valid legal defense to this charge. The court will presume that you had that knowledge.¹⁷

2) Defenses to California Penal Code 12021 PC

The good news is that there are many legal defenses that a good California criminal defense lawyer can present on your behalf. The following are some of the most common:

You didn't legally possess the firearm

As Ventura criminal defense attorney Darrell York explains¹⁸, "If the prosecutor can't prove that you possessed a firearm, you aren't guilty of unlawful possession of a firearm. Period. Put another way, if I can convince the judge or jury that you didn't have possession of the gun, you will be acquitted of this charge."

Example: The cops find a gun in your apartment and arrest you for being a felon with a firearm. This arrest is based on a prior robbery conviction. It turns out that the gun belongs to your roommate and that you have no control over it.

Given these facts, you are not guilty of unlawful possession of a firearm.

You didn't know about the firearm

If you don't know about the firearm's presence, 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. You have two prior misdemeanor convictions for violating Penal Code 417 PC, California's law against brandishing a weapon, so the cop arrests you for unlawful possession of a firearm.

At the time of this offense, you were borrowing your friend's car and had no idea that he left his gun behind. Because you didn't know about the gun's presence, you aren't guilty.

Self-defense / defense of others

If you are a felon or other person prohibited from owning / possessing a firearm, but you nonetheless possess one because

1. you reasonably believe that you or another person is in imminent danger of suffering a great bodily injury, and



2. without a preconceived plan, a firearm becomes available to you, and



3. you only possess / use the firearm as long as is reasonably necessary to defend yourself or another person, and



4. there is no alternative way to avoid the danger,

then California's self-defense law excuses your conduct.¹⁹ The last requirement…that there was no alternative way to avoid the danger…is what separates this self-defense law from self-defense laws that apply to people who are not subject to prosecution under 12021 PC.

Under California's traditional rules of self-defense, there is no duty for the person to retreat. This means that an individual may stand his ground and even pursue his assailant until the threat is eliminated.

However, those who are charged with unlawful possession of a firearm are not entitled to the benefit of this legal standard. They may only use a gun in self-defense if they have exhausted every alternative, such as opportunities to retreat, and using the firearm is the only means of alleviating the danger.²⁰

You only had momentary possession of the weapon

Even if you knowingly violate the law and possess a firearm, California criminal law excuses your conduct if you only momentarily possessed the gun in order to abandon, dispose of, or destroy the weapon.²¹

In order to prevail on this defense, you must prove all of the following facts:

1. that you only possessed the firearm for a momentary or transitory period,



2. that you possessed the firearm for the sole purpose of abandonment, disposal, or destruction, and



3. that your possession wasn't for the purpose of preventing the firearm from being seized by law enforcement officers.²²

The reason that we say that you must prove these facts is because this is an affirmative defense. Affirmative defenses must be proved by the defense rather than by the prosecution. To succeed on this defense, you must prove these facts by a preponderance of the evidence.²³

"Preponderance of the evidence" means that it is more likely than not that you only possessed the firearm for the sole purposes described above.

You had justifiable possession

There are also times when your possession of a firearm may be justified, despite the fact that you are otherwise prohibited from possessing one. "Justifiable" possession of a gun is also an affirmative defense that you must prove by a preponderance of the evidence.

To prevail on this California legal defense, you must prove

1. that you took the firearm away from a person who was committing a crime against you,



2. that you possessed the gun no longer than was necessary to deliver it to a law enforcement agency, and



3. that prior to delivering the gun, you contacted the law enforcement agency to inform them that you were bringing it in for destruction.²⁴

False allegations / wrongful arrest

Unfortunately, sometimes revenge, anger, or jealousy lead people to make false accusations. An enemy, vengeful partner, or even a crooked cop could "plant" evidence to make it look like you unlawfully possessed a weapon, even when you didn't.

Penal Code 12021 PC is not a violation of the right to bear arms

PC 12021 is not a violation of your 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.²⁵ As a result, appealing to the constitution is not going to be an effective legal defense.

3) Penalties, Punishment, and Sentencing for
    Violating California's "Felon with a Firearm" Law

Most instances involving unlawful possession of a firearm are felonies under Penal Code 12021 PC.

If you are convicted of one of these felonies...(1) being a felon with a firearm, (2) being addicted to a narcotic while possessing a gun, or (3) unlawfully possessing a firearm based on one of the specifically listed misdemeanor convictions…you face the following penalties:

• 16 months or two or three years in the California State Prison,



• a maximum $10,000 fine, and



• forfeiture of your weapon.²⁶

If you are a legal immigrant or legal alien, a conviction could additionally result in deportation.²⁷ For more information about how California's firearm laws affect aliens, please visit our article on California crimes that lead to deportation.

4) Less Common Violations

Penal Code 12021 PC also punishes some other types of conduct involving unlawful possession of firearms. Most of these are "wobblers" which means that the prosecutor can charge the crime as either a misdemeanor or a felony depending on

1. the circumstances of the offense, and



2. your criminal history.

These crimes include

Penal Code 12021(c)

Penal Code 12021(c) -- If you are convicted of any of the specific misdemeanors listed in this subsection and purchase, receive, own, or possess a firearm within ten years of that conviction, you face

• either a maximum one-year in the county jail or 16 months, or two or three years in the state prison, and/or



• a maximum $1,000 fine.²⁸

Examples of misdemeanors offenses that fall under this subdivision include (but are not limited to):

• crimes that involve threats or intimidation (such as Penal Code 422, California's criminal threats law),



• Penal Code 646.9, California's stalking law, and



• crimes that are prosecuted under California's domestic violence laws.²⁹

Penal Code 12021(e)

Penal Code 12021(e) -- If you were adjudged a ward of the court as a result of a juvenile court finding…which is the same as a conviction…for any of the crimes listed in this subdivision and purchase, receive, own, or possess a firearm before you turn 30 years old, you face

• either a maximum one-year in the county jail or 16 months, or two or three years in the state prison, and/or



• a maximum $1,000 fine.³⁰

Examples of offenses that fall under this subdivision include (but are not limited to):

• Penal Code 211 PC "robbery",



• Penal Code 206 PC, "torture", and



• Penal Code 205 PC, California's aggravated mayhem law.³¹

Penal Code 12021(g)

Penal Code 12021(g)(1) or (g)(2) -- If you purchase, receive, own or possess a firearm (or attempt to do so) knowing that you are prohibited from doing so because of a temporary restraining order, an injunction, or a protective order, you face

• either a maximum one-year in the county jail or 16 months, or two or three years in the state prison, and/or



• a maximum $1,000 fine.³²

A conviction for any California firearm offense under Penal Code 12021 or 12021.1 PC may result in the loss of the weapon or firearm.³³

5) Restoration of Gun Rights in California

Even if you suffer a conviction for being a felon with a firearm or for unlawfully possessing a firearm, it may be possible to restore your right to possess a firearm. The circumstances of your offense dictate which of the following procedures must be used to initiate this process.

Police officers convicted of Penal Code 12021 PC

If you are a "peace officer" who has been convicted of 12021 PC based on an underlying conviction for

• Penal Code 273.5 PC, California's spousal battery law,



• a knowing and intentional violation of a protective order, or



• Penal Code 646.9 "stalking",

and your career depends on your ability to legally possess a firearm, you have one opportunity to petition the court for relief from this prohibition.

If the court finds by a "preponderance of the evidence" that you are likely to use a firearm in a safe and lawful manner, the court can reduce or eliminate your restriction from possessing firearms.³⁴

Misdemeanor convictions prior to their being added to Penal Code 12021

Many of the specific misdemeanor offenses that currently provide the basis for felony prosecution under 12021 PC weren't originally included in this statute. In fact, most of them weren't added until 1991, and many have been added later than that.³⁵

If you are forbidden from purchasing, receiving, owning, or possessing a gun because you were convicted of one of these misdemeanor offenses prior to its being added to the law, then you, too, have one opportunity to petition the court for relief.³⁶

California expungement law

Although California expungement law traditionally relieves an individual of all criminal "penalties and disabilities", this does not include lifting an individual's ban on owning or possessing firearms. California expungement law explicitly prohibits restoring one's gun rights following a Penal Code 12021 PC conviction.³⁷

But fortunately, there are other options available. If and how your right to possess a firearm may be reinstated depends on your Penal Code 12021 PC sentence.

Straight felonies under 12021 PC

If you are convicted of one of the "straight" felony provisions under Penal Code 12021 PC…(1) being a felon with a firearm, (2) being addicted to a narcotic while possessing a gun, or (3) unlawfully possessing a firearm based on one of the specifically listed misdemeanor convictions…you must apply for and receive a certificate of rehabilitation and/or a California governor's pardon to reinstate your gun rights.

Both a certificate of rehabilitation and a California governor's pardon will restore your firearms rights, as long as you were never convicted of a felony that involved the use of a dangerous weapon.³⁸ California law defines "dangerous weapon" as any weapon, instrument, or object that is capable of being used to inflict great bodily injury or death.³⁹

"Wobbler" provisions of Penal Code 12021 PC

If you were not convicted of one of the straight felonies just listed, but were convicted of one of the less commonly prosecuted "wobbler" sections described under Penal Code 12021 PC, then it is the underlying offense that controls if and how your gun rights may be restored.

Example: Let's say you were convicted of Penal Code 646.9 PC "stalking" in 2002. Then in 2009 you were convicted of Penal Code 12021(c), Penal Code 12021's subdivision that lists a variety of underlying offenses (including stalking) that can lead to an unlawful possession of a firearm charge.

If you are convicted of 12021(c) as a misdemeanor, your right to own or possess a firearm will still be reinstated once the timeframe prohibiting your gun possession expires (that is, ten years after the stalking conviction -- in 2012). This is the case as long as you aren't convicted of a subsequent crime that also triggers a gun prohibition.

If you are convicted of 12021(c) as a felony, you may apply to have your felony reduced to a misdemeanor.⁴⁰ If reduced, your firearm rights will be restored ten years after the original stalking conviction. But because the 12021(c) PC conviction was a felony, you could alternatively apply for a certificate of rehabilitation and/or a California governor's pardon.

The federal conflict...

And all that said, even if your California gun rights are restored, federal law may prohibit you from regaining your firearm rights.

Example: Under California law, a misdemeanor domestic violence conviction triggers a ten-year firearm restriction. Under federal law, a person convicted of a domestic violence offense faces a lifetime firearm restriction.⁴¹

This is just one of the reasons why it is so important to consult with a California criminal defense attorney who understands the technical and complex issues that are necessarily involved with defending California firearm rights.

Call us for help…

For more information about California's firearm laws, or to discuss your case confidentially with one of our attorneys, please don't hesitate to contact us at Shouse Law Group.

Our California criminal law offices are located in and around Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

Additionally, our Las Vegas Nevada criminal defense attorneys represent clients accused of violating Nevada's firearm laws. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.⁴² For information on Nevada laws for ex-felon in possession of a firearm, go to our informational webpage on Nevada laws for ex-felon in possession of a firearm.

Additional Online Resource:

Office of the Attorney General Bureau of Firearms--
This website, operated by the California Department of Justice, is a comprehensive resource for information about legitimate and responsible possession and use of firearms by California residents.

Legal References:

¹Our 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.

²California Penal Code 12021 PC -- Specified convictions; narcotic addiction; condition of probation; restrictions on firearms possession; punishment; employment needs; relief from prohibition; justifiable violations. ("(a)(1) 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 12001.6, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony.")

³People v. O'Neil (1965) 62 Cal.2d 748, 750. ("…we must reverse the judgment and remand the cause for a determination of whether the defendant is ‘addicted' to the use of narcotics as we have defined that term in People v. Victor (1965) 62 A.C. 290, 312-315, 42 Cal.Rptr. 199, 398 P.2d 391; i. e., whether he exhibits the three characteristics of the addiction process: (1) ‘emotional dependence' on the drug, (2) an increased ‘tolerance' to its effects, and (3) ‘physical dependence' manifested by withdrawal symptoms upon sudden termination of drug intake.")

⁴California Jury Instructions – Criminal – CALJIC 12.43. Felon with a firearm (no stipulation as to felon status). ("In order to prove this crime, each of the following elements must be proved: [1] A person previously has been convicted of [a felony] [the crime of ] [two or more convictions of section 417, subdivision (a)(2) of the [California] Penal Code]; [2] That person [owned] [purchased] [, or] [received] [had in [his] [her] possession] [or] [had under [his] [her] custody or control] a __________; and [3] That person knew of the presence of the firearm.")

See also CALJIC 12.44 -- Felon with a firearm (stipulation as to felon status). ("In order to prove this crime, each of the following elements must be proved: [1] [The defendant] [The person previously convicted of a felony] [owned] [purchased] [, or] [received] [had in [his] [her] possession] [or] [had under [his] [her] control] a __________; and [2] [The defendant] [The person] had knowledge of the presence of the __________.")

See also CALJIC 12.45 -- Person addicted to narcotics in possession of a firearm. ("In order to prove this crime, each of the following elements must be proved: [1] A person was addicted to the use of a narcotic drug; [2] That person [owned] [purchased] [, or] [received] [had in [his] [her] possession] [had under [his] [her] custody or control] a __________; and [3] That person knew of the presence of the __________.")

⁵California Penal Code 12021 PC -- Felon with a firearm. ("(f) Subdivision (a) shall not apply to a person who has been convicted of a felony under the laws of the United States unless either of the following criteria is satisfied: (1) Conviction of a like offense under California law can only result in imposition of felony punishment. (2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both punishments.")

⁶California Penal Code 12001 PC -- Definitions.

⁷See same. ("(c) As used in [Penal Code] Sections 12021 [California's "felon with a firearm" law], 12021.1, 12070, 12071, 12072, 12073, 12078, 12101, and 12801 of this code, and Sections 8100, 8101, and 8103 of the Welfare and Institutions Code, the term "firearm" includes the frame or receiver of the weapon.")

See also People v. Arnold (2006) 145 Cal.App.4th 1408, 1414. ("Under this principle of statutory construction, subdivision (c) of section 12001 enlarges, rather than limits, the definition of "firearm" in subdivision (b). This means that, for purposes of [Penal Code] section 12021 [California's "felon with a firearm" law], possession of a "frame or receiver" is sufficient to constitute possession of a "firearm," regardless of whether a "device" with a "barrel" is also possessed. Conversely, subdivision (c)'s definition of a firearm as "including" a "frame or receiver" does not place upon the word "firearm" a meaning "limited to" devices that include frames or receivers. ( Flanagan v. Flanagan, supra, 27 Cal.4th at p. 774, 117 Cal.Rptr.2d 574, 41 P.3d 575.) Thus, section 12001, subdivision (c), does not mean that for purposes of section 12021, the "device" described in subdivision (b) must include a "frame or receiver" as well as a barrel. Although possession of a receiver is sufficient, it is not necessary to a conviction.")

⁸People v. Harrison (1969) 1 Cal.App.3d 115, 122. ("Penal Code, s 12021 [California's "felon with a firearm" law] applies only to a person previously convicted of a felony and who owns or has custody, control or possession of a concealable firearm, loaded or unloaded and whether in a vehicle or not; so long as he owns or has custody, control, or possession of it, such a weapon need not be on his person or in his vehicle.") It should be noted that prior to 1989, Penal Code 12021 PC referred to a "pistol, revolver, or other firearm capable of being concealed upon the person".

⁹California Penal Code 12316 PC -- Possession of ammunition by person prohibited from possessing a firearm. ("(b)(1) No person prohibited from owning or possessing a firearm under [Penal Code] Section 12021 [California's felon with a firearm law] or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code shall own, possess, or have under his or her custody or control, any ammunition or reloaded ammunition.")

¹⁰People v. Norton (1978) 80 Cal.App.3d Supp. 14, 25. ("The word, ‘firearm,' includes a pistol, revolver or rifle, or any other device designed to be used as a weapon from which a projectile may be expelled by the force of any explosion or other form of combustion. An object which meets this definition is a firearm even if it is not loaded."")

See also People v. Clark (1996) 45 Cal.App.4th 1147. Defendant was convicted of 12021 PC for possessing a shotgun.

¹¹ California Penal Code 12001 PC -- Definition of firearms. ("(g) For purposes of [California Penal Code] Sections 12551 and 12552, the term "BB device" means any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun.") This definition makes reference to specific penal code sections that deal with minors and firearms and only includes BB guns and pellet guns as firearms in those sections. Since these weapons rely on the force of air pressure and not combustion, they do not qualify as firearms under Penal Code 12021 PC, California's felon with a firearm law.

¹²California Penal Code 12021 PC -- Felon with a firearm. ("(a)(1) 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 12001.6, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 12001.6, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, and who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony.")

See also California Penal Code 12021.1 PC -- Unlawful possession of a firearm. ("(a) Notwithstanding subdivision (a) of Section 12021 [California's felon with a firearm law], any person who has been previously convicted of any of the offenses listed in subdivision (b) and who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. A dismissal of an accusatory pleading pursuant to [Penal Code] Section 1203.4a involving an offense set forth in subdivision (b) does not affect the finding of a previous conviction. If probation is granted, or if the imposition or execution of sentence is suspended, it shall be a condition of the probation or suspension that the defendant serve at least six months in a county jail. (b) As used in this section, a violent offense includes any of the following: (1) Murder or voluntary manslaughter. (2) Mayhem. (3) [California sex offenses, including] Rape. (4) Sodomy by force, violence, duress, menace, or threat of great bodily harm. (5) Oral copulation by force, violence, duress, menace, or threat of great bodily harm. (6) Lewd acts on a child under the age of 14 years. (7) Any felony punishable by death or imprisonment in the state prison for life. (8) Any other felony in which the defendant inflicts great bodily injury on any person, other than an accomplice, that has been charged and proven, or any felony in which the defendant uses a firearm which use has been charged and proven. (9) Attempted murder. (10) Assault with intent to commit rape or robbery. (11) [Penal Code 245 PC] Assault with a deadly weapon or instrument on a peace officer. (12) Assault by a life prisoner on a non-inmate. (13) Assault with a deadly weapon by an inmate. (14) Arson. (15) Exploding a destructive device or any explosive with intent to injure. (16) Exploding a destructive device or any explosive causing great bodily injury. (17) Exploding a destructive device or any explosive with intent to murder. (18) Robbery. (19) Kidnapping. (20) Taking of a hostage by an inmate of a state prison. (21) Attempt to commit a felony punishable by death or imprisonment in the state prison for life. (22) Any felony in which the defendant personally used a dangerous or deadly weapon. (23) Escape from a state prison by use of force or violence. (24) Assault with a deadly weapon or force likely to produce great bodily injury. (25) Any felony violation of Section 186.22. (26) Any attempt to commit a crime listed in this subdivision other than an assault. (27) Any offense enumerated in subdivision (a), (b), or (d) of Section 12001.6. (28) Carjacking. (29) Any offense enumerated in subdivision (c) of Section 12001.6 if the person has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417. (c) Any person previously convicted of any of the offenses listed in subdivision (b) which conviction results from certification by the juvenile court for prosecution as an adult in adult court under the provisions of Section 707 of the Welfare and Institutions Code, who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. If probation is granted, or if the imposition or execution of sentence is suspended, it shall be a condition of the probation or suspension that the defendant serve at least six months in a county jail. (d) The court shall apply the minimum sentence as specified in subdivisions (a) and (c) except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the imprisonment required by subdivisions (a) and (c), or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in subdivisions (a) and (c), in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by the disposition.")

¹³CALJIC 12.43 -- Felon with a firearm. ("[The law recognizes two kinds of possession: actual possession and constructive possession. "Actual possession" requires that a person knowingly exercise direct physical control over a thing. "Constructive possession" does not require actual possession but does require that a person knowingly exercise control over or the right to control a thing, either directly or through another person or persons.] [The law recognizes that one person may have possession alone, or that two or more persons together may share actual or constructive possession.]")

¹⁴See same.

¹⁵See same.

¹⁶See People v. Norton at 21, endnote 10, above. "The only knowledge required by the statute is knowledge of the character of the object possessed. Evidence that defendant was unaware of the legal prohibition is altogether irrelevant."

¹⁷People v. Snyder (1982) 32 Cal.3d 590, 593. ("Thus, regardless of what she reasonably believed, or what her attorney may have told her, defendant was deemed to know under the law that she was a convicted felon forbidden to possess concealable firearms. Her asserted mistake regarding her correct legal status was a mistake of law, not fact. It does not constitute a defense to [Penal Code] section 12021 [California's felon with a firearm law].") In this case, defendant argued that she believed she was only convicted of a misdemeanor offense because that's what her attorney told her at the time she plead guilty to possession of marijuana for sale (under former Health and Safety Code 11531) and because she wasn't sentenced to prison. Because this was a mistake of law and not a mistake of fact (which is a valid legal defense under California criminal law), she was presumed to know her status as a convicted felon.

¹⁸Ventura criminal defense lawyer Darrell York uses his former experience as a Glendale Police Officer to represents clients accused of child endangerment at the Ventura Hall of Justice, the Van Nuys courthouse, the Pasadena courthouse, the Burbank courthouse, the Glendale courthouse, the Lancaster courthouse, the San Fernando courthouse, and the Criminal Courts Building.

¹⁹CALJIC 12.50 -- Self-defense for convicted felon in possession of a firearm. ("A person previously convicted of a felony does not violate section 12021 of the Penal Code [California's unlawful possession of a firearm law] by being in possession of a firearm if: [1] [He] [She] as a reasonable person had grounds for believing and did believe that [he] [she] was [or] [others were] in imminent peril of great bodily harm; and [2] Without preconceived design on [his] [her] part, a firearm was made available to [him] [her]; [3] [His] [Her] possession of such firearm was temporary and for a period of time no longer than that in which the necessity or apparent necessity to use it in self-defense continued; and [4] The use of the firearm was reasonable under the circumstances and was resorted to only if no alternative means of avoiding the danger were available.")

²⁰CALJIC 12.50 Use Note – ("Do not give CALJIC 5.50 (Assailed Person Need Not Retreat) if defendant was previously convicted of a felony and is accused of that crime.")

²¹People v. Hurtado (1996) 47 Cal.App.4th 805, 814. ("Firearms and controlled substances are admittedly dangerous items; it is the retention of these items, rather than the brief possession for disposal or self-protection, which poses the danger which is criminalized by the relevant statutes. We are convinced the "momentary possession" defense recognized in Mijares extends to possession of a firearm by a felon offenses.")

²²Judicial Council Of California Criminal Jury Instruction CALCRIM 2510 -- Felon with a firearm. ("<Defense: Momentary Possession> [If you conclude that the defendant possessed a firearm, that possession was not unlawful if the defendant can prove the defense of momentary possession. In order to establish this defense, the defendant must prove that: [1] (He/She) possessed the firearm only for a momentary or transitory period; [2] (He/She) possessed the firearm in order to (abandon[,]/ [or] dispose of[,]/ [or] destroy) it; AND [3] (He/She) did not intend to prevent law enforcement officials from seizing the firearm. The defendant has the burden of proving each element of this defense by a preponderance of the evidence. This is a different standard of proof than proof beyond a reasonable doubt. To meet the burden of proof by a preponderance of the evidence, the defendant must prove that it is more likely than not that each element of the defense is true.]")

²³See same.

²⁴California Penal Code 12021 PC -- Felon with a firearm. ("(h)(1) A violation of subdivision (a), (b), (c), (d), or (e) is justifiable where all of the following conditions are met: (A) The person found the firearm or took the firearm from a person who was committing a crime against him or her. (B) The person possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency's disposition according to law. (C) If the firearm was transported to a law enforcement agency, it was transported in accordance with paragraph (18) of subdivision (a) of Section 12026.2. (D) If the firearm is being transported to a law enforcement agency, the person transporting the firearm has given prior notice to the law enforcement agency that he or she is transporting the firearm to the law enforcement agency for disposition according to law. (2) Upon the trial for violating subdivision (a), (b), (c), (d), or (e), the trier of fact shall determine whether the defendant was acting within the provisions of the exemption created by this subdivision. (3) The defendant has the burden of proving by a preponderance of the evidence that he or she comes within the provisions of the exemption created by this subdivision.")

See also CALCRIM 2510, endnote 22, above. ("<Defense: Justifiable Possession> [If you conclude that the defendant possessed a firearm, that possession was not unlawful if the defendant can prove that (he/she) was justified in possessing the firearm. In order to establish this defense, the defendant must prove that: [1] (He/She) (found the firearm/took the firearm from a person who was committing a crime against the defendant); [AND] [2] (He/She) possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency to dispose of the weapon(;/.) [AND] [3] If the defendant was transporting the firearm to a law enforcement agency, (he/she) gave prior notice to the law enforcement agency that (he/she) would be delivering a firearm to the agency for disposal.]] The defendant has the burden of proving each element of this defense by a preponderance of the evidence. This is a different standard of proof than proof beyond a reasonable doubt. To meet the burden of proof by a preponderance of the evidence, the defendant must prove that it is more likely than not that each element of the defense is true.")

²⁵People v. Flores (2008) 169 Cal.App.4th 568, 573. ("Prior to the decision in Heller, it was well settled in our courts that state laws regulating the possession of firearms were not vulnerable to constitutional challenge. (See Kasler v. Lockyer (2000) 23 Cal.4th 472, 481, 97 Cal.Rptr.2d 334, 2 P.3d 581 ["[i]t is long since settled in this state that regulation of firearms is a proper police function"]; Galvan v. Superior Court (1969) 70 Cal.2d 851, 866, 76 Cal.Rptr. 642, 452 P.2d 930 ["The claim that legislation regulating weapons violates the Second Amendment has been rejected by every court which has ruled on the question"]; In re Rameriz (1924) 193 Cal. 633, 652, 226 P. 914 ( Rameriz ) [stating that the Legislature is "entirely free to deal with the subject" of firearm regulation].)

²⁶California Penal Code 12021 PC -- Felon with a firearm. ("(a)(1) 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 12001.6, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 12001.6, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, and who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony.")

See also California Penal Code 12021.1 PC -- Unlawful possession of a firearm, endnote 12, above.

See also California Penal Code 672 PC -- Offenses for which no fine prescribed; fine authorized in addition to imprisonment. ("Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.")

See also California Penal Code 12028 PC -- Firearms and other weapons as nuisance… ("(b)(1) Except as provided in paragraph (2), a firearm of any nature owned or possessed in violation of Section 12021, 12021.1, or 12101 of this code, or Chapter 3 (commencing with Section 8100) of Division 5 of the Welfare and Institutions Code, or used in the commission of any misdemeanor as provided in this code, any felony, or an attempt to commit any misdemeanor as provided in this code or any felony, is, upon a conviction of the defendant or upon a juvenile court finding that an offense which would be a misdemeanor or felony if committed by an adult was committed or attempted by the juvenile with the use of a firearm, a nuisance. A finding that the defendant was guilty of the offense but was insane at the time the offense was committed is a conviction for the purposes of this section. (2) A firearm is not a nuisance pursuant to this subdivision if the firearm owner disposes of his or her firearm pursuant to paragraph (2) of subdivision (d) of Section 12021.")

²⁷8 U.S. Code Section 1227 -- Deportable aliens. ("(a) Classes of deportable aliens. Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens…(2) Criminal offenses…(C) Certain firearm offenses
Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18) in violation of any law is deportable.") Because Penal Code 12021 PC involves possession of firearms, it is a California crime that can lead to deportation.

²⁸California Penal Code 12021 PC -- Felon with a firearm. ("(c)(1) Except as provided in subdivision (a) or paragraph (2) of this subdivision, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422 [California's criminal threats law], 626.9, 646.9 [California's stalking law], 12023, or 12024, subdivision (b) or (d) of Section 12034, Section 12040, subdivision (b) of Section 12072, subdivision (a) of former Section 12100, Section 12220, 12320, or 12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in paragraph (3) of subdivision (g) of Section 12072, and who, within 10 years of the conviction, owns, purchases, receives, or has in his or her possession or under his or her custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this subdivision. However, the prohibition in this paragraph may be reduced, eliminated, or conditioned as provided in paragraph (2) or (3).")

²⁹See same.

³⁰California Penal Code 12021 PC -- Unlawful possession of a firearm. ("(e) Any person who (1) is alleged to have committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code [including Penal Code 211 PC "robbery", Penal Code 206 PC, "torture", and Penal Code 205 PC, California's aggravated mayhem law], an offense described in subdivision (b) of Section 1203.073, any offense enumerated in paragraph (1) of subdivision (c), or any offense described in subdivision (a) of Section 12025, subdivision (a) of Section 12031, or subdivision (a) of Section 12034, and (2) is subsequently adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code, an offense described in subdivision (b) of Section 1203.073, any offense enumerated in paragraph (1) of subdivision (c), or any offense described in subdivision (a) of Section 12025, subdivision (a) of Section 12031, or subdivision (a) of Section 12034, shall not own, or have in his or her possession or under his or her custody or control, any firearm until the age of 30 years. A violation of this subdivision shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The juvenile court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this subdivision. Notwithstanding any other law, the forms required to be submitted to the department pursuant to this subdivision may be used to determine eligibility to acquire a firearm.")

³¹See same.

³² California Penal Code 12021 PC -- Unlawful possession of a firearm. ("(g)(1) Every person who purchases or receives, or attempts to purchase or receive, a firearm knowing that he or she is prohibited from doing so by a temporary restraining order or injunction issued pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, a protective order as defined in Section 6218 of the Family Code, a protective order issued pursuant to Section 136.2 or 646.91 of this code, or a protective order issued pursuant to Section 15657.03 of the Welfare and Institutions Code, is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.")

³³See California Penal Code 12028 PC, endnote 26, above.

³⁴California Penal Code 12021 PC -- Felon with a firearm. ("(2) Any person employed as a peace officer described in [Penal Code] Section 830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or livelihood is dependent on the ability to legally possess a firearm, who is subject to the prohibition imposed by this subdivision because of a conviction under Section 273.5 [California's spousal battery law], 273.6, or 646.9, may petition the court only once for relief from this prohibition. The petition shall be filed with the court in which the petitioner was sentenced. If possible, the matter shall be heard before the same judge who sentenced the petitioner. Upon filing the petition, the clerk of the court shall set the hearing date and shall notify the petitioner and the prosecuting attorney of the date of the hearing. Upon making each of the following findings, the court may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition as the court deems appropriate: (A) Finds by a preponderance of the evidence that the petitioner is likely to use a firearm in a safe and lawful manner. (B) Finds that the petitioner is not within a prohibited class as specified in subdivision (a), (b), (d), (e), or (g) [of this code, Penal Code 12021 PC, California's felon with a firearm law] or Section 12021.1, and the court is not presented with any credible evidence that the petitioner is a person described in Section 8100 or 8103 of the Welfare and Institutions Code. (C)(i) Finds that the petitioner does not have a previous conviction under this subdivision no matter when the prior conviction occurred. (ii) In making its decision, the court shall consider the petitioner's continued employment, the interest of justice, any relevant evidence, and the totality of the circumstances. The court shall require, as a condition of granting relief from the prohibition under this section, that the petitioner agree to participate in counseling as deemed appropriate by the court. Relief from the prohibition shall not relieve any other person or entity from any liability that might otherwise be imposed. It is the intent of the Legislature that courts exercise broad discretion in fashioning appropriate relief under this paragraph in cases in which relief is warranted. However, nothing in this paragraph shall be construed to require courts to grant relief to any particular petitioner. It is the intent of the Legislature to permit persons who were convicted of an offense specified in Section 273.5, 273.6, or 646.9 to seek relief from the prohibition imposed by this subdivision.")

³⁵California Penal Code 12021 PC (Historical and statutory notes). ("The 1991 amendment by c. 955 (A.B.242), rewrote subd. (c); and made nonsubstantive changes in subds. (b), (d) and (e). Subdivision (c), as amended by Stats.1991, c. 953 (A.B.108), § 4, had provided: "Except as provided in subdivision (a), any person who has been convicted of a misdemeanor violation of Section 136.5, 140, 171b, 171c, 171d, 241, 243, 244.5, 245, 245.5, 246.3, 247, 417, 417.2, 626.9, subdivision (b) or (d) of Section 12034, subdivision (a) of Section 12100, 12320, or 12590 and who within 10 years of the conviction, owns, or has in his or her possession or under his or her custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in the state prison or in the county jail not exceeding one year or by a fine not exceeding one thousand dollars ($1,000), or by both the fine and imprisonment. The court shall, on forms prescribed by the Department of Justice, notify the department of persons subject to this subdivision."… The 1993 amendment designated existing subd. (a) as subd. (a)(1) and inserted "subdivision (a), (b), or (d) of" in that subdivision; added subd. (a)(2) relating to convictions of § 417, subd. (a)(2); in subd. (c)(1), inserted references to §§ 240, 242, 273.5, 273.6, and 646.9, and inserted a reference to paragraph… The 1995 amendment, in subd. (c)(1), substituted "646.9, 12023, or 12024, subdivision (b) or (d) of Section 12034, Section 12040, subdivision (b) of Section 12072, subdivision (a) of former Section 12100, Section 12220, 12320, or 12590, or Section 8100, 8101, or 8103" for "646.9, or 12023, subdivision (b) or (d) of Section 12034, Section 12040, subdivision (b) of Section 12072, subdivision (a) of former Section 12100, Section 12320 or 12590, or Section 8101"; in the first sentence of subd. (c)(1), in subd. (d), in the second sentence of subd. (e), and in the first sentence of subd. (g), substituted "imprisonment in a county jail not exceeding one year or in the state prison" for "imprisonment in the state prison or in a county jail not exceeding one year"; and made nonsubstantive changes. …Stats.2008, c. 599 (S.B.1302), in subd. (c)(1), in the first sentence, inserted "243.4,".")

³⁶California Penal Code 12021 -- Unlawful possession of a firearm. ("(3) Any person who is subject to the prohibition imposed by this subdivision because of a conviction of an offense prior to that offense being added to paragraph (1) [detailed below] may petition the court only once for relief from this prohibition. The petition shall be filed with the court in which the petitioner was sentenced. If possible, the matter shall be heard before the same judge that sentenced the petitioner. Upon filing the petition, the clerk of the court shall set the hearing date and notify the petitioner and the prosecuting attorney of the date of the hearing. Upon making each of the following findings, the court may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition as the court deems appropriate: (A) Finds by a preponderance of the evidence that the petitioner is likely to use a firearm in a safe and lawful manner. (B) Finds that the petitioner is not within a prohibited class as specified in subdivision (a), (b), (d), (e), or (g) [of this code, Penal Code 12021 PC, California's felon with a firearm law] or Section 12021.1, and the court is not presented with any credible evidence that the petitioner is a person described in Section 8100 or 8103 of the Welfare and Institutions Code. (C)(i) Finds that the petitioner does not have a previous conviction under this subdivision, no matter when the prior conviction occurred. (ii) In making its decision, the court may consider the interest of justice, any relevant evidence, and the totality of the circumstances. It is the intent of the Legislature that courts exercise broad discretion in fashioning appropriate relief under this paragraph in cases in which relief is warranted. However, nothing in this paragraph shall be construed to require courts to grant relief to any particular petitioner. (4) Law enforcement officials who enforce the prohibition specified in this subdivision against a person who has been granted relief pursuant to paragraph (2) or (3) shall be immune from any liability for false arrest arising from the enforcement of this subdivision unless the person has in his or her possession a certified copy of the court order that granted the person relief from the prohibition. This immunity from liability shall not relieve any person or entity from any other liability that might otherwise be imposed.")

See also 12021(c)(1) for a list of these offenses: ("("(c)(1) Except as provided in subdivision (a) or paragraph (2) of this subdivision, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of Section 12034, Section 12040, subdivision (b) of Section 12072, subdivision (a) of former Section 12100, Section 12220, 12320, or 12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in paragraph (3) of subdivision (g) of Section 12072, and who, within 10 years of the conviction, owns, purchases, receives, or has in his or her possession or under his or her custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this subdivision. However, the prohibition in this paragraph may be reduced, eliminated, or conditioned as provided in paragraph (2) or (3).")

³⁷California Penal Code 1203.4 PC -- Expungements. ("Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Section 12021 [California's felon with a firearm law].")

³⁸California Penal Code 4852.17 PC -- ("Whenever a person is granted a full and unconditional pardon by the Governor, based upon a certificate of rehabilitation, the pardon shall entitle the person to exercise thereafter all civil and political rights of citizenship, including but not limited to: (1) the right to vote; (2) the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 12001 and 12021 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon.")

See also California Penal Code 4854 PC -- Firearms; restoration of rights; exceptions. ("In the granting of a pardon to a person, the Governor may provide that the person is entitled to exercise the right to own, possess and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 12001 and 12021 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon.")

³⁹CALJIC 17.16 -- Personal use of a dangerous or deadly weapon. ["A deadly or dangerous weapon" means any weapon, instrument or object that is capable of being used to inflict great bodily injury or death[.]

See also People v. James (1978) 88 Cal.App.3d 150, 160. ([Refering to CALJIC 17.16] "This definition accords with prior case law defining deadly or dangerous weapon (see People v. Graham (1969) 71 Cal.2d 303, 327-328, 78 Cal.Rptr. 217, 455 P.2d 153; People v. Liner (1959) 168 Cal.App.2d 411, 414, 335 P.2d 964), and we believe it appropriately defines the terms…")

⁴⁰California Penal Code 17 -- Felony reduction. ("(b) When a crime is punishable, in the discretion of the court, by imprisonment in the state prison or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances: (1) After a judgment imposing a punishment other than imprisonment in the state prison. (2) When the court, upon committing the defendant to the Youth Authority, designates the offense to be a misdemeanor. (3) When the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor. (4) When the prosecuting attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is a misdemeanor, unless the defendant at the time of his or her arraignment or plea objects to the offense being made a misdemeanor, in which event the complaint shall be amended to charge the felony and the case shall proceed on the felony complaint. (5) When, at or before the preliminary examination or prior to filing an order pursuant to Section 872, the magistrate determines that the offense is a misdemeanor, in which event the case shall proceed as if the defendant had been arraigned on a misdemeanor complaint.")

⁴¹The 1996 Lautenberg Amendment implements a lifetime ban on individuals convicted of misdemeanor domestic violence crimes, including any crime that can be classified under California's domestic violence laws.

⁴²Please feel free to contact our Nevada criminal defense attorneys Michael Becker and Mike Castillo for any questions relating to Nevada's firearm laws. Their Nevada law offices are located in Reno and Las Vegas.

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