
If you’ve been arrested or charged with being a felon in possession of a firearm in Santa Clarita, you’re facing one of the most serious weapons charges in California’s criminal code—charges that can result in years in state prison, substantial fines, permanent loss of your Second Amendment rights, and a felony conviction that affects employment, housing, and every aspect of your future. At Tu Defensor Criminalista, we provide aggressive, strategic legal representation to defend against felon in possession charges and related prohibited person firearms offenses throughout Santa Clarita and Los Angeles County.
Felon in possession charges arise when individuals with prior felony convictions are found possessing, owning, purchasing, or having custody or control of firearms. These charges occur during traffic stops, probation searches, search warrant executions, domestic violence calls, or other police encounters where firearms are discovered. Many people charged with these offenses didn’t know they were prohibited from possessing firearms, had their convictions reduced or expunged, inherited firearms from family members, or are victims of false accusations or illegal searches. We’ve successfully defended hundreds of clients facing prohibited person charges, achieving dismissals, acquittals, reduced charges, and favorable outcomes that protect our clients’ freedom and futures.
California Penal Code Section 29800 prohibits specific categories of individuals from possessing, owning, purchasing, receiving, or having custody or control of any firearms. This statute represents California’s implementation of both state and federal policies preventing individuals with serious criminal histories from accessing firearms.
According to California Penal Code Section 29800[1], the following individuals are prohibited from possessing firearms:
Individuals Convicted of Felonies – Anyone convicted of any felony offense in California or any other jurisdiction is prohibited from possessing firearms. This includes:
The prohibition applies regardless of whether the felony was violent, drug-related, property crime, white-collar offense, or any other category. A single felony conviction triggers lifetime firearm prohibition under California law.
Individuals Convicted of Specific Misdemeanors – Certain misdemeanor convictions also prohibit firearm possession, including:
Individuals Addicted to Narcotics – Persons addicted to narcotic drugs are prohibited from possessing firearms under California law.
Individuals Subject to Restraining Orders – Persons subject to domestic violence restraining orders, gun violence restraining orders, or certain other protective orders cannot possess firearms.
According to the California Department of Justice[2], prohibited person categories have expanded over decades to address public safety concerns while restricting Second Amendment rights for those deemed dangerous.
Federal law also prohibits certain individuals from possessing firearms under 18 U.S.C. § 922(g). Federal prohibited persons include:
Federal prosecutions for felon in possession carry mandatory minimum sentences and federal prison terms. The U.S. Department of Justice[3] prioritizes prosecution of prohibited persons who unlawfully possess firearms, particularly in cases involving violence, drugs, or repeat offenses.
What Constitutes “Possession” of a Firearm
Firearm possession under California law includes both actual and constructive possession:
Actual Possession – Having physical control of a firearm on your person, such as:
Constructive Possession – Having control or right to control a firearm even if not physically holding it, including:
Importantly, you can be convicted of constructive possession even if others also have access to firearms, as long as prosecutors prove you exercised dominion and control over the weapons.
Knowledge Requirement – To be convicted, you must have known the firearm was present. If you genuinely didn’t know a firearm was in your car, home, or nearby, you lack the knowledge element required for conviction.
California law broadly defines firearms to include:
Even possessing ammunition is prohibited for convicted felons under separate California statutes.
Felon in possession charges carry severe penalties reflecting California’s determination to prevent prohibited persons from accessing firearms.
Violation of California Penal Code Section 29800 is a felony punishable by:
According to the California Courts[4], judges have discretion to impose probation for felon in possession convictions in some cases, though many judges impose custody given the seriousness of allowing prohibited persons access to firearms.
Several sentence enhancements can dramatically increase penalties:
Federal felon in possession prosecutions carry more severe mandatory penalties:
The U.S. Attorney’s Office[5] for the Central District of California prosecutes felon in possession cases arising in Santa Clarita and throughout Los Angeles County when federal jurisdiction applies, particularly cases involving:
Beyond direct criminal penalties, felon in possession convictions create additional consequences:
Santa Clarita, with a population exceeding 228,000 residents according to the U.S. Census Bureau[7], experiences felon in possession arrests in various contexts throughout the city.
When deputies encounter firearms, they determine whether possessors are prohibited through:
These checks occur in minutes, allowing deputies to make immediate arrest decisions.
The Los Angeles County Sheriff’s Department[8] takes prohibited person firearms possession extremely seriously. When deputies discover firearms possessed by prohibited persons, they:
Despite the serious nature of these charges, numerous defenses exist depending on case-specific facts. At Tu Defensor Criminalista, we conduct exhaustive investigations to identify every possible defense.
You cannot be convicted unless you knew the firearm was present. If you genuinely didn’t know a firearm was in your vehicle, home, or area, you lack the knowledge element required for conviction.
This defense applies when:
We present evidence establishing you didn’t know firearms were present, including:
Constructive possession requires that you exercised dominion and control over firearms. If you didn’t control firearms and they belonged to others who had equal or superior access, you shouldn’t be convicted.
This defense applies when:
We establish lack of possession through:
The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement violated your constitutional rights, evidence obtained must be suppressed. Common violations include:
Suppressing firearms evidence typically results in case dismissal since firearms are the prosecution’s primary evidence. We aggressively challenge all searches, filing motions to suppress illegally obtained evidence.
If your felony conviction was reduced to a misdemeanor under Proposition 47, expunged under Penal Code Section 1203.4, or you received certificates of rehabilitation restoring gun rights, you may not be a prohibited person.
California’s Proposition 47, passed by voters in 2014, allows many felony convictions to be reduced to misdemeanors. According to the California Courts[9], individuals who successfully reduce felony convictions to misdemeanors may have gun rights restored.
We research your criminal history to determine whether:
If your rights were restored, charges should be dismissed.
California only prohibits firearm possession based on convictions that would constitute felonies under California law. If your out-of-state conviction wouldn’t be a felony in California, you’re not a prohibited person.
We analyze out-of-state convictions to determine California equivalents, sometimes establishing that offenses weren’t felonies under California law.
California recognizes limited exceptions for temporary firearm possession by prohibited persons when possession is momentary and for lawful purposes:
These narrow exceptions rarely apply but can provide defenses in specific circumstances.
If you possessed firearms only momentarily to dispose of them properly by turning them over to law enforcement, you may have a defense. However, this requires immediately contacting law enforcement to arrange transfer rather than simply holding firearms.
California provides limited exceptions for antique firearms manufactured before 1899 that aren’t converted to use conventional ammunition. If the firearm qualifies as an antique, possession may be lawful.
Sometimes defendants aren’t actually convicted felons:
We thoroughly research criminal histories to verify whether qualifying felony convictions actually exist.
If you made incriminating statements during custodial interrogation without Miranda warnings, those statements are inadmissible. Many felon in possession cases rely on defendants’ admissions about knowing firearms were present or owning weapons. Excluding these statements can eliminate critical prosecution evidence.
In rare cases involving undercover operations or informant situations, entrapment may apply if law enforcement induced you to possess firearms when you weren’t predisposed to violate the law.
California’s three-year statute of limitations for felonies applies to felon in possession charges. If more than three years passed between possession and charging, prosecution is time-barred.
Understanding the criminal process helps you navigate this serious prosecution.
Following arrest, you’ll be transported to the Santa Clarita Valley Sheriff’s Station or central jail facilities for booking including:
Bail for felon in possession charges typically ranges from $50,000 to $100,000 or higher depending on criminal history and case circumstances.
Your first court appearance occurs within 48 hours of arrest for in-custody defendants. At arraignment:
We strongly recommend having an attorney at arraignment to enter not guilty pleas, argue for bail reduction, and begin building defenses immediately.
For felony charges, preliminary hearings determine whether sufficient evidence exists to proceed to trial. These critical hearings allow us to:
According to the Los Angeles County District Attorney’s Office[10], preliminary hearings in firearms cases often focus on search and seizure issues and possession elements.
Pretrial proceedings include:
If cases proceed to trial, we provide aggressive representation including:
If convictions occur through plea agreements or trial verdicts, sentencing determines punishment. We present mitigation evidence including:
Our advocacy seeks probation when possible, minimal custody terms, or alternatives to maximum sentences.
Felon in possession cases can be prosecuted in state or federal court, with dramatically different consequences.
Federal authorities prosecute felon in possession cases when:
Federal prosecutors generally pursue only the most serious prohibited person cases given limited resources.
State Prosecution offers:
Federal Prosecution involves:
Many clients ask whether they can ever possess firearms again after felony convictions. Options are extremely limited but not entirely impossible.
California’s Proposition 47 allows reduction of certain felonies to misdemeanors. If your felony conviction qualifies and is reduced, your gun rights may be partially restored. According to the California Courts[9], eligible offenses include many drug and property crimes.
California provides certificates of rehabilitation for individuals who have demonstrated rehabilitation. These certificates can restore some rights and are prerequisites for gubernatorial pardons. However, certificates alone don’t restore gun rights—pardons are required.
California governors can grant pardons restoring gun rights. However, pardons are extremely rare, typically requiring:
Pardons are granted to only a handful of individuals annually from thousands of applications.
Federal law previously allowed individuals to petition the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for relief from federal firearms disabilities. However, Congress has defunded this program for years, making federal relief effectively unavailable.
California expungement under Penal Code Section 1203.4 provides benefits for employment and housing but does not restore gun rights for felony convictions. Expungement allows you to state you weren’t convicted on most job applications but doesn’t remove firearm prohibitions.
Understanding the prevalence of these prosecutions provides context for these serious charges.
According to the California Department of Justice[11], thousands of individuals are arrested annually throughout California for prohibited person firearms violations. Los Angeles County accounts for a significant portion of these arrests given its large population.
Federal statistics from the U.S. Sentencing Commission[12] show that felon in possession under 18 U.S.C. § 922(g) consistently ranks among the most common federal criminal prosecutions, with hundreds of defendants sentenced annually for these offenses.
The Los Angeles County Sheriff’s Department[8] prioritizes enforcement of prohibited person laws, conducting regular compliance checks and aggressively investigating tips about prohibited persons possessing firearms.
Not knowing the law is generally not a defense. However, lack of knowledge that a firearm was present can be a valid defense if you genuinely did not know it was there. Additionally, if a prior conviction was expunged or reduced and you reasonably believed your firearm rights were restored, that may provide a defense depending on the circumstances.
This situation is legally risky. While a non-prohibited person may lawfully own firearms, a prohibited person cannot have access to them. Prosecutors can pursue constructive possession charges if firearms are accessible in a shared residence. Weapons must be stored securely—such as in locked safes—with access strictly limited to lawful owners.
The passage of time alone does not restore firearm rights. Even decades-old felony convictions typically continue to prohibit possession unless rights are formally restored through legal mechanisms such as a reduction under Proposition 47, a certificate of rehabilitation, or a gubernatorial pardon.
No. A prohibited person may not possess or control a firearm even briefly. Visiting a shooting range or handling someone else’s firearm can constitute unlawful possession.
A prohibited person cannot lawfully take possession of inherited firearms, even temporarily. They must be transferred to a lawful owner or surrendered in compliance with applicable procedures. Legal guidance is strongly recommended to ensure proper transfer.
Most felon-in-possession cases are prosecuted in state court. Federal prosecution generally occurs when there are aggravating circumstances or significant criminal history, though both state and federal charges are possible.
It is uncommon. Felon in possession is typically charged as a serious felony. However, in cases involving unlawful searches, weak evidence, or compelling mitigating factors, reductions may be negotiated.
Politely decline consent to search. Do not resist if officers proceed, but clearly state that you do not consent. Avoid making statements about firearms and request an attorney immediately if you are detained or arrested.
Felon in possession charges are among the most serious weapons offenses, requiring experienced legal representation from attorneys who understand both state and federal firearms laws, Fourth Amendment protections, and the complex defenses available.
At Tu Defensor Criminalista, our felon in possession defense services include:
If you’ve been arrested or charged with felon in possession of a firearm in Santa Clarita, time is absolutely critical. These serious felony charges can result in years in state or federal prison and permanent consequences affecting every aspect of your life.
At Tu Defensor Criminalista, we provide the aggressive, sophisticated legal representation that felon in possession charges demand. We understand California and federal firearms laws, Fourth Amendment protections, and the defenses available in these complex cases.
Contact Information
Don’t let felon in possession charges destroy your life. Contact us today for a confidential consultation to discuss your case, explore your options, and begin building your defense.
Early representation in felon in possession cases provides critical advantages:
Many felon in possession cases can be successfully defended with early, aggressive legal intervention.
At Tu Defensor Criminalista, we are committed to:
While our focus is Santa Clarita, we serve clients throughout the Santa Clarita Valley and northern Los Angeles County including:
We understand local courts, judges, prosecutors, and law enforcement agencies. This local knowledge enhances our ability to provide effective representation in the Santa Clarita area.
Felon in possession charges represent extremely serious felony prosecutions with life-altering consequences. But charges are not convictions. With experienced legal representation, favorable outcomes are possible through suppression of illegally obtained evidence, proof of lack of possession or knowledge, or other strong defenses.
Contact Tu Defensor Criminalista today at (888) 315-3326[13]. We’re available 24/7.
Don’t face these charges alone. Don’t speak to law enforcement without an attorney. Don’t give up hope.
Your freedom and your future are worth fighting for. Let us fight for you.
Throughout this content, we have referenced statistics, facts, and information from authoritative sources to provide accurate, reliable information about felon in possession laws, enforcement, and criminal justice in Santa Clarita and California.
Below is a complete list of sources cited in this content:
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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