Felon in Possession of a Firearm Defense Attorney in Lancaster

If you’ve been arrested or charged with being a felon in possession of a firearm in Lancaster, 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, loss of fundamental 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 Lancaster 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 Lancaster when Los Angeles County Sheriff’s deputies execute search warrants at residences throughout the Antelope Valley, conduct traffic stops on State Route 14, Avenue I, and Lancaster streets where firearms are discovered, respond to domestic violence calls where firearms are present, or investigate other crimes and discover firearms possessed by individuals prohibited from owning them. 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, or face charges based on “constructive possession” theories where prosecutors claim they had access to firearms they never actually touched. 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 Second Amendment rights, 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, 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:

1. You were previously convicted of a felony
2. You owned, purchased, received, or had in your possession or under your custody or control a firearm
3. You knew you possessed the firearm
4. 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
• In your waistband
• In your backpack you’re wearing
• Anywhere on your body

Constructive Possession – Firearm is not on you but you have control over it:

• 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 added 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 in 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 for prosecution in federal court in Los Angeles

Federal authorities, including the 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 were trafficking-related

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 including:

• 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:

• 5150 holds resulting in certain determinations
• Commitments for mental health treatment
• Findings of danger to self or others

Controlled Substance Addicts (PC 29800): Cannot possess firearms while addicted to controlled substances.

Other Prohibitions:

• Persons dishonorably discharged from military
• Persons renouncing U.S. citizenship
• Fugitives from justice
• Illegal aliens (under federal law)

PC 29805 – Possession of Firearm by Person Convicted of Certain Misdemeanors

Related statute prohibiting firearm possession for 10 years after misdemeanor convictions for:

• Assault
• Battery
• Crimes against children
• Domestic violence offenses
• Brandishing

Penalties:

• 1 year county jail (misdemeanor), OR
• 16 months, 2, or 3 years state prison (felony)
• Wobbler offense at prosecutor’s discretion

PC 30305 – Possession of Ammunition by Prohibited Person

California also prohibits felons and other prohibited persons from possessing ammunition:

• Same prohibitions apply to ammunition as firearms
• Misdemeanor or felony wobbler
• Up to 1 year jail (misdemeanor) or 16 months to 3 years prison (felony)
• Often charged together with firearm possession

According to the California Department of Justice^[2], California maintains comprehensive databases tracking prohibited persons and conducting background checks to enforce firearm restrictions. The state’s Armed and Prohibited Persons System (APPS) identifies individuals who legally purchased firearms but later became prohibited, leading to enforcement actions.

Felon in Possession in Lancaster and the Antelope Valley

Lancaster, with a population of approximately 173,000 residents according to the U.S. Census Bureau^[3], is the largest Antelope Valley city. Felon in possession arrests occur regularly throughout Lancaster.

How Felon in Possession Cases Develop in Lancaster

Search Warrants at Residences: Many felon in possession cases begin when:

• Sheriff’s deputies execute search warrants at Lancaster homes for drugs, stolen property, or other crimes
• Firearms are 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:

• Deputies stop vehicles on Lancaster streets (Avenue I, Lancaster Boulevard, Sierra Highway, State Route 14)
• 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 are subject to warrantless searches:

• Probation officers conduct home visits
• Deputies conduct probation compliance checks
• Firearms discovered during searches
• Arrests for probation violation and new firearm charges

Domestic Violence Calls: Deputies responding to domestic violence at Lancaster 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 deputies:

• 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
• Pawn shops or gun dealers report attempted purchases by prohibited persons

Common Lancaster 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 in Lancaster
• Previous victimization creating fear
• Belief that protection needs outweigh legal restrictions
• Arrests when firearms discovered during investigations

Constructive Possession Disputes: Prosecutors charge constructive possession when:

• Firearms found in shared residences
• Defendant claims firearms belong to roommate, spouse, or family member
• Prosecutor argues defendant had knowledge and access
• Disputed facts regarding who actually possessed firearms

Old Convictions: Some defendants possess firearms unaware they’re prohibited:

• Very old felony convictions from decades ago
• Belief rights were restored (but California doesn’t automatically restore)
• Out-of-state convictions defendant didn’t realize counted
• Juvenile adjudications counting as prohibitions

Momentary Possession: Charges arising from:

• Finding firearm and attempting to dispose of it safely
• Taking firearm from suicidal person
• Briefly handling firearm at gun range
• Touching firearm during transaction or transfer

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

Los Angeles County Sheriff’s Department Enforcement

Lancaster Sheriff’s Station Investigation – Deputies from the station located at 501 West Lancaster Boulevard investigate 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, suspects are:

• Transported to Lancaster Station 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] Antelope Valley Branch prosecutes felon in possession cases aggressively, 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 under PC 667.5, 667(a)

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

No Exceptions: Even for:

• Home protection
• Hunting
• Sport shooting
• Collecting
• Any reason—prohibition is absolute

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
• 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
• Defendant not predisposed to possess firearms
• Government conduct beyond providing opportunity

Mistake of Fact

Reasonable mistake negating knowledge element:

• Reasonable belief prior felony didn’t prohibit possession
• Reasonable belief firearm wasn’t functional
• Reasonable belief you had authority to possess (military, law enforcement exceptions)

Duress or Necessity

In rare circumstances:

• 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

Federal Constitutional Challenges

Recent Supreme Court decisions:

• Second Amendment challenges to felon prohibition (generally unsuccessful but evolving law)
• Arguments that non-violent felons retain Second Amendment rights
• Due process challenges

The Criminal Justice Process

Arrest and Booking

After arrest, you’re transported to Lancaster Sheriff’s Station:

• 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 Antelope Valley Courthouse where:

• You’re 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

Why Choose Tu Defensor Criminalista

• Extensive Weapons Defense Experience – We’ve defended hundreds of felon in possession cases in state and federal court.
• Understanding of Complex Firearm Laws – We thoroughly understand 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.
• Thorough Investigation – We investigate predicate convictions, challenge constructive possession, and gather evidence supporting defenses.
• Local Lancaster Knowledge – We regularly appear at Antelope Valley Courthouse and understand local procedures.
• Aggressive Advocacy – We fight tirelessly to protect clients from devastating consequences.
• Bilingual Services – We provide fluent Spanish-language services. Hablamos Español.
• Available 24/7 – We’re available immediately when you need us.

Take Action Immediately

Felon in possession charges threaten years in prison. Time is critical.

• Don’t make statements to police. Exercise your right to remain silent and request attorney immediately. Statements about firearm possession will be used against you.
• Don’t consent to searches. Politely refuse warrantless searches.
• Don’t wait to hire attorney. Early intervention is critical for investigating predicate convictions, challenging searches, and building defenses.
• Don’t assume conviction is inevitable. Many cases are successfully defended through suppression, lack of possession proof, or invalid predicate convictions.

Contact Tu Defensor Criminalista immediately for free consultation.

Contact Information

Your freedom is on the line. Don’t face felon in possession charges alone. Call now—we’re available 24/7 to protect your rights and fight for your freedom.

Citations and Sources

1. California Legislative Information – Penal Code Sections 29800, 29805, 30305
   https://leginfo.legislature.ca.gov/^[1]
2. California Department of Justice – Firearms regulations and Armed Prohibited Persons System
   https://oag.ca.gov/^[2]
3. U.S. Census Bureau – Lancaster demographics
   https://www.census.gov/quickfacts/lancastercitycalifornia^[3]
4. Los Angeles County District Attorney’s Office – Prosecution information
   https://da.lacounty.gov/^[4]
5. U.S. Citizenship and Immigration Services – Immigration consequences of firearms offenses
   https://www.uscis.gov/^[5]