If you’ve been arrested or charged with being a felon in possession of a firearm in El Monte, you’re facing extremely serious weapons charges that can result in years in state prison, additional felony convictions on your record, federal prosecution with mandatory minimum sentences, permanent loss of Second Amendment rights, and devastating consequences affecting every aspect of your life. At Tu Defensor Criminalista, we provide aggressive, experienced legal representation to defend against all felon in possession charges and prohibited person firearms offenses throughout El Monte and Los Angeles County.
Felon in possession of a firearm charges arise when law enforcement discovers that someone with a prior felony conviction possesses, owns, purchases, or has custody or control of any firearm or ammunition. These arrests occur throughout El Monte when police conduct traffic stops on Valley Boulevard, Garvey Avenue, and Peck Road discovering firearms, when officers execute search warrants at residences throughout El Monte neighborhoods, during probation or parole compliance checks where firearms are found, when responding to domestic violence calls where firearms are present, or during gang enforcement operations throughout the San Gabriel Valley. Many people charged with felon in possession were unaware of California’s strict firearm prohibition laws, inherited firearms from deceased relatives, possessed firearms for home protection without realizing they were prohibited, had old felony convictions they didn’t realize still prohibited gun ownership, or face charges based on “constructive possession” theories where prosecutors claim they had access to firearms they never actually touched or knew about. The consequences of felon in possession convictions are catastrophic—lengthy state prison sentences, additional strikes under California’s Three Strikes Law, potential federal prosecution carrying mandatory minimum five-year sentences, permanent loss of gun rights, immigration consequences for non-citizens, and collateral consequences that destroy employment prospects and futures.
We’ve successfully defended hundreds of clients facing felon in possession and weapons charges throughout Southern California, achieving dismissals based on illegal searches, suppression of illegally obtained evidence, reduced charges, favorable plea agreements, and outcomes that protect our clients’ freedom and futures.
Understanding California’s Felon in Possession Laws
California maintains some of the nation’s strictest firearms laws, prohibiting numerous categories of individuals from owning or possessing firearms and ammunition.
California Penal Code Section 29800 – Felon in Possession of Firearm
According to California Penal Code Section 29800[1], any person who has been convicted of a felony under the laws of California, any other state, or the federal government, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
Elements Prosecutors Must Prove:
You were previously convicted of a felony
You owned, purchased, received, or had in your possession or under your custody or control a firearm
You knew you possessed the firearm
You knew you had been convicted of a felony
What Constitutes “Possession”:
Actual Possession: Firearm is on your person:
In your hand
In your pocket or waistband
In your backpack you’re wearing
Anywhere on your body
Constructive Possession: Firearm is not on you but you have control:
In your vehicle
In your home
In storage unit you control
In location where you have access
Note: Prosecutors must prove you knew firearm was there AND you had ability to control it
Joint Possession: Multiple people can possess same firearm if they each have knowledge and control.
Penalties Under PC 29800
State Penalties:
16 months, 2 years, or 3 years in California state prison
Felony conviction adding to your criminal record
Fines up to $10,000
Formal felony probation (sometimes granted instead of prison)
Permanent loss of firearm rights
Additional years if you committed new crimes while possessing firearm
Federal Prosecution Under 18 U.S.C. § 922(g): Federal law also prohibits felons from possessing firearms. If federal prosecutors take your case:
Mandatory minimum 15 years federal prison under Armed Career Criminal Act if you have three prior violent felony or serious drug convictions
Otherwise up to 10 years federal prison
Federal sentencing guidelines apply
Federal Bureau of Prisons custody (typically requires serving 85% of sentence)
Potential prosecution in federal court in Los Angeles
Federal authorities, including Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), sometimes prosecute felon in possession cases, particularly when:
Multiple firearms involved
Firearms used in other crimes
Interstate commerce elements
Defendant has extensive criminal history
Firearms involved in trafficking
Who is Prohibited from Possessing Firearms in California
Beyond felons, California prohibits numerous categories of people from firearm possession:
Prior Felony Convictions (PC 29800):
Any felony conviction under California law
Any federal felony conviction
Any out-of-state felony conviction
Juvenile adjudications that would be felonies if committed as adult
Prior Violent Offenses (PC 29900): Even if reduced to misdemeanor, certain violent crimes result in 10-year prohibition:
Assault
Battery on spouse/cohabitant
Certain sex offenses
Offenses against children
Certain Misdemeanor Convictions (PC 29805): 10-year prohibition for misdemeanor convictions including:
Domestic violence convictions
Brandishing (PC 417)
Assault on peace officer
Certain weapons violations
Restraining Orders (PC 29825): Cannot possess firearms while subject to:
Domestic violence restraining orders
Gun violence restraining orders
Criminal protective orders in some cases
Mental Health Holds (Welfare & Institutions Code 8100-8105): 5-year prohibition after certain mental health determinations
Other Prohibitions:
Persons dishonorably discharged from military
Illegal aliens (under federal law)
Fugitives from justice
According to the California Department of Justice[2], California maintains comprehensive databases tracking prohibited persons and conducting background checks to enforce firearm restrictions through the Armed and Prohibited Persons System (APPS).
Felon in Possession in El Monte and the San Gabriel Valley
El Monte, with a population of approximately 115,000 residents according to the U.S. Census Bureau[3], experiences felon in possession arrests regularly throughout the city.
How Felon in Possession Cases Develop in El Monte
Search Warrants at Residences: Many cases begin when:
El Monte Police execute search warrants at homes for drugs, stolen property, or other crimes
Firearms discovered during searches
Criminal history checks reveal resident is prohibited person
Arrests made for both original warrant targets and firearm possession
Traffic Stops: Felon in possession charges arise during traffic stops when:
Officers stop vehicles on El Monte streets
Consent to search obtained or probable cause develops
Firearms discovered in vehicles
Driver or passenger identified as prohibited person
Arrests made at scene
Probation and Parole Searches: Individuals on probation or parole subject to warrantless searches:
Probation officers conduct home visits
Police conduct compliance checks
Firearms discovered during searches
Arrests for probation violation and new firearm charges
Domestic Violence Calls: Officers responding to domestic violence at El Monte residences:
Observe or search for firearms per protocol
Discover prohibited person has firearms
Arrest for domestic violence AND felon in possession
APPS Enforcement: California’s Armed and Prohibited Persons System identifies people who:
Legally purchased firearms
Later became prohibited (due to felony conviction, restraining order, mental health hold)
Haven’t surrendered firearms
California Department of Justice agents or local police:
Contact prohibited persons
Serve gun restraining orders
Search for firearms
Arrest if firearms not surrendered or additional firearms found
Third-Party Reports: Cases develop when:
Ex-partners report firearm possession during custody disputes
Neighbors report seeing firearms
Family members inform police
Attempted purchases at gun dealers flagged by background checks
Common El Monte Felon in Possession Scenarios
Inherited Firearms: Common scenario where:
Parent or relative dies leaving firearms
Prohibited person inherits firearms without realizing they can’t possess them
Firearms remain in home
Discovery leads to charges
Home Protection: Many prohibited persons possess firearms for protection:
High-crime neighborhoods
Previous victimization creating fear
Belief that protection needs outweigh legal restrictions
Arrests when firearms discovered during investigations
Finding firearm and attempting to dispose of it safely
Taking firearm from suicidal person
Briefly handling firearm at gun range
Touching firearm during transaction
Vehicle Possession: Common scenarios where:
Firearms in vehicles during traffic stops
Driver claims passenger’s firearm (or vice versa)
Disputes over who knew about firearm
Both occupants arrested despite unclear ownership
El Monte Police Department and Prosecution
El Monte Police Department investigates felon in possession cases through:
Evidence Collection:
Firearms seized and documented
Serial numbers recorded and traced
Ammunition inventoried
Photographs of firearms and locations
Fingerprint analysis on firearms
Criminal history checks confirming prohibition status
Booking and Charges: After arrest:
Transported to El Monte Police Department or county jail for booking
Bail set according to schedules ($50,000-$100,000 typical)
Firearms sent to crime lab
Cases forwarded to District Attorney
Prosecution: The Los Angeles County District Attorney’s Office[4] prosecutes felon in possession cases at El Monte Courthouse, particularly when:
Multiple firearms involved
Firearms loaded or accessible
Defendant has serious prior felonies
Firearms associated with other crimes
Gang enhancements apply
Federal prosecutors may take cases when circumstances warrant federal jurisdiction.
Consequences of Felon in Possession Convictions
State Prison Sentences
PC 29800 Conviction:
16 months, 2, or 3 years state prison
Judges select terms based on aggravating and mitigating factors
Additional years for enhancements:
Gang enhancements (PC 186.22): Additional 2-10 years
Firearm used in commission of other felony: Additional years
Prior serious or violent felony convictions: Additional years
Three Strikes Law: If prior felony was strike offense, felon in possession conviction:
Counts as second strike, doubling sentence
Third strike potential if you have two prior strikes: 25 years to life
Federal Sentences:
Up to 10 years federal prison standard
15 years to life mandatory minimum under Armed Career Criminal Act (ACCA) if three prior violent felonies or serious drug convictions
Federal sentencing guidelines producing longer sentences than state court
Permanent Loss of Gun Rights
No Restoration: Felon in possession convictions result in:
Lifetime firearm prohibition
No path to restoration in California
Federal prohibition under 18 U.S.C. § 922(g) for life
Cannot petition for restoration
Applies to firearms and ammunition
Cannot live in home with firearms
Immigration Consequences
For non-citizens, felon in possession constitutes aggravated felony under immigration law. According to the U.S. Citizenship and Immigration Services[5], firearms offenses by prohibited persons result in:
Mandatory deportation with no relief
Permanent inadmissibility
No possibility of return
Even legal permanent residents deported
No discretionary relief available
Detention during removal proceedings
Collateral Consequences
Employment: Felon in possession convictions eliminate:
Any job requiring firearms
Security positions
Law enforcement careers
Government employment
Most jobs after background checks
Housing:
Eviction from housing
Denial of applications
Public housing unavailability
Difficulty finding housing with multiple felonies
Professional Licensing:
Security guard licenses revoked
Other professional licenses affected
Career opportunities destroyed
Parole and Probation: Conviction while on probation/parole results in:
Probation revocation
Original suspended sentences imposed
Consecutive sentences
No probation on new conviction
State prison mandatory
Defenses to Felon in Possession Charges
Challenging the Predicate Felony Conviction
Old Convictions: We challenge whether prior conviction makes you prohibited:
Prior conviction reduced to misdemeanor under Proposition 47 or 64
Prior conviction expunged under PC 1203.4
Prior conviction was not actually felony
Juvenile adjudication that shouldn’t count
Out-of-state conviction that wasn’t felony equivalent
Federal conviction that wasn’t felony equivalent
If prior conviction doesn’t legally prohibit firearm possession, current charges must be dismissed.
Certificate of Rehabilitation: For some old felonies, we obtain:
Certificate of rehabilitation
Governor’s pardon
Restoration of gun rights (rare and difficult)
Lack of Knowledge
PC 29800 requires you knew you possessed firearm. We establish lack of knowledge:
You didn’t know firearm was in your vehicle
Someone else put firearm there without your knowledge
You didn’t know item was firearm (replica, non-functional)
Firearm hidden in location you didn’t know about
Lack of Possession
We prove you didn’t actually possess firearm:
Firearm belonged to other person
You had no knowledge of firearm’s presence
You had no access or control over firearm
Other person had exclusive possession
Constructive Possession Defenses: For firearms in homes or vehicles:
Multiple residents had access
Firearm belonged to other household member
Other person had exclusive control of area where firearm found
You didn’t live at residence where firearm found
Transitory presence in vehicle with firearm
Momentary Possession Defense
California law recognizes temporary possession for lawful purposes:
Finding firearm and immediately calling police
Taking firearm from suicidal person to prevent harm
Temporary possession to dispose of firearm safely
Duration so brief it doesn’t constitute possession
Illegal Search and Seizure
Fourth Amendment violations require suppression of evidence:
Illegal traffic stop without reasonable suspicion
Search without warrant, consent, or valid exception
Consent to search obtained through coercion
Search exceeded scope of warrant or consent
Probation/parole search without legal basis
No probable cause for arrest
Successful suppression motions excluding firearm evidence result in dismissals when prosecution loses evidence.
Violation of Miranda Rights
Statements obtained in violation of Miranda must be suppressed:
Custodial interrogation without warnings
Continued questioning after invoking rights
Coerced statements
If suppression eliminates confession, case may be dismissed.
Entrapment
When government agents induce possession:
Undercover operations inducing defendants to obtain firearms
Possessed firearm under threat of death or serious injury
No reasonable legal alternative
Immediately disposed of firearm when threat ended
Challenging Firearm Functionality
If alleged firearm was non-functional:
Not capable of firing
Antique not constituting firearm under law
Replica or BB gun
Disassembled parts not constituting firearm
The Criminal Justice Process
Arrest and Booking
After arrest, transported to El Monte Police Department or county jail:
Booking and fingerprinting
Criminal history check confirming prohibition
Bail set (typically $50,000-$100,000+)
Firearms seized as evidence
ATF notification in some cases
Arraignment
First appearance at El Monte Courthouse (11234 East Valley Boulevard):
Advised of charges
Receive complaint
Enter plea (typically not guilty)
Bail reviewed
Future dates set
Public defender appointed if indigent
Immediate attorney representation critical.
Preliminary Hearing
For felonies, preliminary hearing establishes probable cause:
We cross-examine officers
Challenge evidence
Seek dismissals
Evaluate case strength
Lock in witness testimony
Pretrial Proceedings
Discovery: We obtain:
Police reports
Search warrant affidavits
Firearm reports and analysis
Criminal history records
Lab reports
Video evidence
Witness statements
Investigation: We conduct:
Independent investigation
Interview witnesses
Examine search legality
Investigate firearm ownership
Challenge predicate conviction
Gather mitigation evidence
Motion Practice: We file motions to:
Suppress illegally obtained evidence (PC 1538.5)
Dismiss charges based on insufficient evidence
Strike prior convictions (Romero motions)
Challenge firearm functionality
Exclude statements
Obtain Pitchess discovery (officer misconduct)
Negotiations: We negotiate for:
Dismissals based on suppression or lack of evidence
Reduced charges
Probation instead of prison
Minimum sentences
Alternatives to state prison
Trial
If necessary, we provide aggressive trial defense:
Jury selection
Opening statements framing defense
Cross-examination of officers and witnesses
Defense case presenting witnesses, experts, evidence
Closing arguments emphasizing reasonable doubt
Sentencing
If convictions occur, we present mitigation:
Character letters
Employment records
Rehabilitation evidence
Mental health or substance abuse treatment
Family circumstances
Military service
Age and health issues
Seeking:
Probation instead of prison (rare but possible)
Low-term sentence (16 months)
Concurrent rather than consecutive sentences
Local custody instead of state prison
Federal Prosecution Considerations
When Cases Go Federal
ATF and federal prosecutors take cases when:
Multiple firearms involved
Machine guns, suppressors, or prohibited weapons
Interstate commerce elements
Trafficking suspected
Serious criminal history (ACCA applies)
State penalties seen as insufficient
Federal Process Differences
Federal cases involve:
Investigation by ATF agents
Prosecution in U.S. District Court, Central District of California
Federal Magistrate and District Court judges
Federal sentencing guidelines
Longer sentences than state court
Federal Bureau of Prisons custody
85% custody requirement
Federal Defenses
Similar defenses apply:
Illegal searches
Lack of possession or knowledge
Challenging predicate convictions
But federal law more restrictive on some defenses
Restoration of Gun Rights (Extremely Limited)
California Law
California provides virtually no path for felons to restore gun rights:
No automatic restoration after time period
Expungement under PC 1203.4 doesn’t restore rights
Reduction to misdemeanor under Prop 47 may help for some offenses
Certificate of rehabilitation and pardon extremely rare
Federal Law
Federal law slightly more flexible:
ATF can restore rights through application process
Extremely difficult and rare
Congress hasn’t funded ATF program in years
Presidential pardons possible but exceptionally rare
Practical Reality: Once convicted of felony, firearm rights almost never restored.
Frequently Asked Questions
I didn’t know I couldn’t have a gun. Is that a defense?
You must know you were convicted of felony, and you must know you possessed firearm. But “I didn’t know the law prohibited me” generally isn’t defense. However, we can present lack of knowledge as mitigation.
The gun wasn’t mine. Can I still be convicted?
Possibly. Prosecutors charge “constructive possession” if you had knowledge and control even if you didn’t own firearm. We defend by proving you didn’t know about firearm or had no control.
Can I have guns in my house if they belong to my spouse?
No. Prohibited persons cannot reside where firearms are accessible. Spouse must store firearms in locked safes you cannot access, or store firearms elsewhere.
My felony was 20 years ago. Can I still not have guns?
Correct. California’s prohibition is lifetime regardless of how long ago conviction occurred. Age of conviction doesn’t matter.
What if I found the gun and was going to turn it in?
Momentary possession for lawful purpose may be defense if you immediately contacted police and didn’t keep firearm longer than necessary.
Can I get probation instead of prison?
Possibly for first-time felon in possession with strong mitigation, though state prison is presumed. We present comprehensive mitigation seeking probation.
What if my prior felony was reduced under Prop 47?
If prior felony was reduced to misdemeanor, you may no longer be prohibited person. We file motions to dismiss current charges based on reduction of predicate conviction.
Will I be prosecuted in state or federal court?
Usually state, but federal possible with serious circumstances or criminal history. Federal penalties are harsher.
Can this be dismissed?
Yes. We achieve dismissals through illegal search suppression, lack of possession proof, invalid predicate convictions, or insufficient evidence.
What about BB guns or replica guns?
True BB guns and non-functional replicas aren’t firearms under law. We challenge whether item was actually firearm.
Why Choose Tu Defensor Criminalista
Extensive Weapons Defense Experience: Hundreds of felon in possession cases defended in state and federal court.
Understanding of Complex Firearm Laws: Thorough knowledge of California’s complex firearm prohibition statutes and federal firearms laws.
Successful Suppression Motions: We’ve won numerous motions suppressing illegally obtained evidence, resulting in dismissals.
Federal Court Experience: We represent clients in federal court when cases are prosecuted federally.
Attorney Armando Josué Cespedes is rated 5.0 on Avvo, with 34 five-star reviews from clients praising his dedication, professionalism, and results. Many note how his trial skills and attention to detail led to reduced charges or outright dismissals.
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