A felon in possession of a firearm charge in California is a serious criminal offense that can result in felony prosecution, prison time, probation restrictions, and the permanent loss of firearm rights. Under California law, individuals convicted of certain felonies are generally prohibited from owning, possessing, purchasing, receiving, or controlling firearms and ammunition. Even if the firearm was not used in a crime, simply possessing or having access to a firearm can lead to arrest and prosecution.
These cases often arise during traffic stops, probation searches, domestic violence investigations, or when law enforcement discovers a firearm in a home, vehicle, or personal property linked to a prohibited person. The prosecution must prove not only that the firearm existed, but also that the accused knowingly possessed or controlled it.
Kirk Tarman has defended firearm-related cases throughout San Bernardino, Riverside, Los Angeles, and Orange Counties for more than 25 years. Early investigation of search and seizure issues, ownership questions, and constitutional defenses can significantly impact the outcome of a felon in possession case.
If you're a convicted felon found with a firearm in California, you're facing serious charges under California Penal Code 29800 (PC 29800). This law prohibits felons from owning, possessing, or purchasing firearms. However, don’t lose hope—there are legal defenses and strategies that can protect your rights and minimize potential consequences.
Understanding California's Felon Gun Rights Restrictions:
California has some of the strictest gun laws in the nation, and those with prior felony convictions face significant restrictions on firearm possession.
A felony conviction imposes a lifetime ban on owning, purchasing, or possessing firearms unless your rights are restored through legal processes.
Penalties for Violating PC 29800
Violating PC 29800 is a felony offense, punishable by:
✔ 16 months, 2 years, or 3 years in state prison.
✔ Fines up to $10,000.
✔ Probation or parole restrictions.
✔ Additional penalties if the firearm is loaded, used in another crime, or modified illegally.
✔ Sentence enhancements under California’s "Three Strikes" Law, which could significantly increase prison time.
✔ Fines up to $10,000.
✔ Probation or parole restrictions.
✔ Additional penalties if the firearm is loaded, used in another crime, or modified illegally.
✔ Sentence enhancements under California’s "Three Strikes" Law, which could significantly increase prison time.
Aggravating Circumstances in 2025
Possession of certain types of firearms can enhance sentencing:
- Unregistered or "ghost" guns
- Firearms with obliterated serial numbers
- Large-capacity magazines
- Possession in connection with gang activity or a school zone
Potential Defenses for Felons with Firearm Charges
While the law is strict, it doesn’t mean your case is hopeless. Several defenses may be available, depending on the specifics of your situation.
Illegal Search and Seizure (Fourth Amendment Violation)
Law enforcement must follow legal procedures when searching your home, vehicle, or person. If officers violated your Fourth Amendment rights by conducting an illegal search, the evidence (firearm) may be inadmissible in court.
Example: If police searched your home without a warrant or probable cause, your attorney could file a motion to suppress evidence, which may lead to a dismissal of charges.
Lack of Knowledge or Possession
To convict you under PC 29800, the prosecution must prove that:
1️⃣ You knew the firearm was present.
2️⃣ You had control over the firearm.
1️⃣ You knew the firearm was present.
2️⃣ You had control over the firearm.
If you were unaware of the firearm’s presence or had no control over it, you may have a strong defense.
Example: If a firearm was found in a shared home or vehicle, but you had no knowledge of it, the prosecution may have difficulty proving intent.
Momentary Possession for Self-Defense
If you briefly held a firearm in a life-threatening situation to protect yourself or others, this might be a valid defense.
Example: If someone threatened you with a gun, and you took control of the weapon only long enough to prevent harm, your attorney could argue for momentary possession as a legal justification.
Firearm Rights Restoration
In some cases, felons can restore their gun rights through legal processes such as:
✔ Expungement of a felony conviction (for certain eligible offenses).
✔ Reducing a felony to a misdemeanor under PC 17(b).
✔ Applying for a Governor’s Pardon, which may restore firearm rights.
✔ Expungement of a felony conviction (for certain eligible offenses).
✔ Reducing a felony to a misdemeanor under PC 17(b).
✔ Applying for a Governor’s Pardon, which may restore firearm rights.
2025 Note: While expungement under PC 1203.4 can be helpful for employment and housing, it does not restore firearm rights. Rights can only be restored through:
- PC 17(b) felony reduction,
- Governor’s Pardon, or
- In some rare cases, federal relief via 18 U.S.C. § 925(c) (though currently unavailable due to congressional funding blocks).
If you believe you may be eligible to restore your firearm rights, speak with an experienced firearm defense attorney to explore your legal options.
Why You Need an Experienced Defense Attorney:
Gun charges in California carry serious consequences, and without the right defense, a felon in possession of a firearm conviction can result in years in prison. At The Law Offices of Kirk Tarman & Associates, we have over 25 years of experience successfully defending clients facing firearm-related charges.
Our Approach to Felon with Firearm Cases
✔ Case Analysis: We will examine the circumstances of your arrest, the evidence against you, and potential violations of your rights.
✔ Defense Strategy: We will build a custom defense to challenge the charges and seek the best possible outcome.
✔ Negotiation & Litigation: If applicable, we will negotiate for reduced charges, alternative sentencing, or dismissal.
✔ Clear Communication: We understand the stress and anxiety you're facing. Our team will keep you informed, answer your questions, and advocate tirelessly for your rights.
✔ Defense Strategy: We will build a custom defense to challenge the charges and seek the best possible outcome.
✔ Negotiation & Litigation: If applicable, we will negotiate for reduced charges, alternative sentencing, or dismissal.
✔ Clear Communication: We understand the stress and anxiety you're facing. Our team will keep you informed, answer your questions, and advocate tirelessly for your rights.
Common Questions About Felon Firearm Charges
Can a Felon Get Their Gun Rights Back in California?
Yes, in some cases. Felons may be able to restore their gun rights through:
✔ Expungement of a felony conviction.
✔ Felony reduction to a misdemeanor under PC 17(b).
✔ Applying for a Governor’s Pardon.
✔ Expungement of a felony conviction.
✔ Felony reduction to a misdemeanor under PC 17(b).
✔ Applying for a Governor’s Pardon.
Not all felons qualify, and some violent felony convictions result in a permanent firearm ban. Contact us to discuss your eligibility.
What Happens If I’m Caught with a Firearm But Didn’t Use It?
Even if you did not use the firearm, simply possessing it violates PC 29800 and can lead to felony charges. However, if you were unaware of the firearm’s presence, your attorney may argue lack of intent as a defense.
Can a Felon Be Around Someone Who Owns a Gun?
Living in a home where firearms are stored can be risky for felons. Even if the guns legally belong to someone else, law enforcement may charge you under “constructive possession” if they believe you had access or control over the weapon.
Can a Felon Get Probation Instead of Jail Time?
In some cases, an experienced attorney may be able to negotiate for probation instead of prison—especially if there are mitigating circumstances or constitutional violations in your arrest.
How Much Does a Firearm Defense Attorney Cost?
The cost depends on the complexity of your case. At The Law Offices of Kirk Tarman & Associates, we offer flexible payment plans to ensure top-tier legal defense is accessible.
Why Choose The Law Offices of Kirk Tarman & Associates?
✔ 25+ years of experience handling firearm and criminal defense cases.
✔ Former district attorney on our legal team.
✔ Proven success in case dismissals and reduced charges.
✔ Aggressive, personalized defense strategies.
✔ Flexible payment plans available.
✔ Former district attorney on our legal team.
✔ Proven success in case dismissals and reduced charges.
✔ Aggressive, personalized defense strategies.
✔ Flexible payment plans available.
Contact Us for a Free Consultation
If you or a loved one is a felon facing firearm possession charges in San Bernardino, Riverside, Los Angeles, or Orange County, don’t face these charges alone.