Felon With a Firearm | Penal Code § 29800

Description

A person in California or any other state, government, or country who is addicted to the use of any narcotic drug and who owns purchases or has in possession any firearm may be charged with Felon With a Firearm.

What does the prosecutor have to prove?

1. Defendant has previously been convicted of a felony.
or
1. Defendant is addicted to the use of any narcotic drug.
2. Defendant owned or had in his or her possession or had under his or her control a firearm.[PC 29800(a)(1)]

Punishment

Felony: 16months/2years/3years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No