Being charged with felon in possession of a firearm in Inglewood carries devastating consequences that extend far beyond the immediate criminal penalties. This is one of the most aggressively prosecuted firearms offenses in California, with mandatory minimum sentences, potential state prison time, and life-altering collateral consequences including permanent loss of gun rights, damage to your reputation, and barriers to employment and housing. At Tu Defensor Criminalista, we provide aggressive, experienced legal defense for individuals facing felon in possession of a firearm charges in Inglewood and throughout Los Angeles County, protecting your rights, challenging the evidence against you, and fighting for the best possible outcome in your case.
Inglewood is a diverse city in Los Angeles County with a population of approximately 107,762 residents[1]. Given that Inglewood has a crime rate of 42 per one thousand residents[2], law enforcement agencies conduct aggressive firearms enforcement operations throughout the community. According to the California Department of Justice’s 2024 Armed and Prohibited Persons System (APPS) report, California seized 1,520 firearms from illegally armed individuals statewide in 2024[3], including substantial numbers from prohibited persons with prior felony convictions.
Firearms continue to be a major concern in Los Angeles County, with firearms involved in 69.9% of homicides in California in 2024 where the weapon was identified[4]. The Los Angeles Police Department seized 7,634 illegal firearms in 2024, including 790 ghost guns[5], demonstrating the intensive focus on removing illegal weapons from Los Angeles County communities including Inglewood.
California law strictly prohibits individuals with felony convictions from owning, purchasing, receiving, or possessing firearms. These prohibitions are found primarily in California Penal Code § 29800 (previously Penal Code § 12021), with additional federal prohibitions under 18 U.S.C. § 922(g).
Under California Penal Code § 29800, it is illegal for any person who has been convicted of a felony under the laws of California, the United States, or any other state to own, purchase, receive, possess, or have under their custody or control any firearm. The law applies to:
Felony Convictions: Any felony conviction under California law, federal law, or the laws of any other state, territory, or country triggers the firearm prohibition. The type of felony doesn’t matter—violent felonies, property crimes, drug offenses, white-collar crimes, and all other felonies result in loss of gun rights.
Out-of-State Convictions: Even if you were convicted of a felony in another state, and that offense would only be a misdemeanor in California, you’re still prohibited from possessing firearms in California if it was a felony where it was committed.
Juvenile Adjudications: Certain serious juvenile offenses can also trigger firearm prohibitions if you were adjudicated a ward of the court for offenses that would have been felonies if committed as an adult.
Federal law under 18 U.S.C. § 922(g) separately prohibits firearm possession by:
California law recognizes two types of possession, both of which can support a conviction:
Actual Possession: You have physical possession of the firearm on your person—in your hand, in your pocket, in your waistband, etc.
Constructive Possession: You have control over the firearm or the right to control it, even if it’s not on your person. This can include:
Constructive possession requires proof that you knew of the firearm’s presence and had the ability and intent to exercise control over it. However, mere presence in a location where firearms are present is not enough—there must be evidence connecting you to the weapon.
For most felony convictions, the prohibition on firearm possession is lifetime. However, California law provides limited mechanisms to restore gun rights:
Certificate of Rehabilitation and Pardon: Obtaining a Certificate of Rehabilitation followed by a Governor’s pardon can restore gun rights, though this is a lengthy process that can take many years and is only available for certain offenses.
Felony Reduction to Misdemeanor: If your original felony conviction was for a “wobbler” offense that could have been charged as either a felony or misdemeanor, you may petition under Penal Code § 17(b) to have the conviction reduced to a misdemeanor. If successful, gun rights may be restored, though additional waiting periods and conditions apply.
Expungement: While expungement under Penal Code § 1203.4 provides many benefits, it does NOT restore gun rights for felony convictions. Federal and California firearm prohibitions continue to apply even after expungement.
Felon in possession of a firearm is charged as a felony in California, carrying severe penalties including mandatory prison time in many cases.
Standard Sentence: 16 months, 2 years, or 3 years in county jail or state prison, plus fines up to $10,000.
Mandatory Prison Time: If you have prior convictions for certain violent felonies or serious felonies enumerated in Penal Code § 667.5(c) or § 1192.7(c), you face mandatory state prison time with no possibility of probation or county jail.
Three Strikes Enhancement: If your prior felony conviction qualifies as a “strike” under California’s Three Strikes Law, and you’re now convicted of felon in possession (which itself can be charged as a strike in certain circumstances), you face doubled sentences. Multiple strikes can result in 25 years to life in prison.
Gang Enhancements: If the firearm possession occurred for the benefit of, at the direction of, or in association with a criminal street gang, you face additional consecutive prison time of 2, 3, or 4 years under Penal Code § 186.22(b).
Prior Firearm Convictions: Prior convictions for firearm-related offenses can enhance sentences and eliminate probation eligibility.
Federal prosecution for felon in possession carries even more severe penalties:
Standard Federal Sentence: Up to 10 years in federal prison plus fines up to $250,000.
Armed Career Criminal Act (ACCA) Enhancement: If you have three or more prior convictions for violent felonies or serious drug offenses, the Armed Career Criminal Act mandates a minimum 15-year federal prison sentence with no possibility of parole.
Federal sentences are served in federal Bureau of Prisons facilities, are subject to federal sentencing guidelines, and require serving approximately 85% of the sentence before any release (no “good time” reduction like in state prison).
Beyond the criminal penalties, a felon in possession conviction results in:
Permanent Firearm Prohibition: Even after serving your sentence, you remain permanently prohibited from ever possessing firearms unless gun rights are formally restored through legal mechanisms.
Employment Barriers: Many employers refuse to hire convicted felons, particularly for positions involving security, trust, or firearms. Additional firearm convictions make employment even more difficult.
Professional Licenses: Many professional licenses are denied or revoked based on felony convictions, particularly convictions involving weapons.
Housing Discrimination: Landlords can legally refuse to rent to individuals with felony convictions, creating significant housing barriers.
Immigration Consequences: For non-citizens, firearms convictions can trigger deportation, denial of naturalization, and inadmissibility. Firearms offenses are considered particularly serious under immigration law.
Loss of Voting Rights: Felony convictions result in loss of voting rights while incarcerated and on parole in California.
Understanding how these charges occur is critical to identifying potential defenses.
Many felon in possession arrests result from traffic stops where officers:
These stops require constitutional justification, proper probable cause for searches, and lawful procedures. Violations of your Fourth Amendment rights can result in suppression of the firearm evidence.
Firearms are often discovered during execution of search warrants at homes or other locations. These warrants may target:
Search warrants must be supported by probable cause, describe the place to be searched with particularity, and be executed according to legal requirements. Defective warrants or improper execution can result in suppression of evidence.
The California Department of Justice’s Armed and Prohibited Persons System (APPS) program[3] actively identifies individuals who legally purchased firearms but later became prohibited from possessing them due to felony convictions, restraining orders, or other disqualifying events. According to the 2024 APPS report, as of January 1, 2025, there were 25,911 individuals on the prohibited persons list in APPS[6].
APPS agents conduct investigations and make arrests when:
APPS operations have resulted in significant firearm seizures. For example, in Clovis, California, in October 2024, APPS agents seized 22 rifles, 61 handguns, one shotgun, and approximately 38,000 rounds of ammunition from a single prohibited individual with a prior felony insurance fraud conviction[3].
Law enforcement responding to domestic violence calls routinely search for and seize firearms. If you’re a convicted felon and firearms are discovered during these responses, you’ll be arrested for felon in possession even if the domestic violence allegation is unfounded.
If you’re on probation or parole for your prior felony conviction, you’re subject to searches by probation or parole officers without warrants and often without probable cause. These searches frequently discover firearms, leading to felon in possession charges and probation/parole violations.
Arrests sometimes result from tips to law enforcement from:
Tips must be sufficiently reliable and corroborated before law enforcement can take action. We investigate the source and reliability of tips that led to your arrest.
Felon in possession charges can be successfully defended through various legal strategies. Every case requires thorough investigation and individualized defense planning.
The most common and successful defense involves challenging the legality of the search or seizure that discovered the firearm.
Illegal Traffic Stops: Police must have reasonable suspicion of criminal activity or traffic violations to justify a traffic stop. If the stop was pretextual or lacked reasonable suspicion, any evidence discovered—including firearms—must be suppressed.
Illegal Vehicle Searches: Absent consent, probable cause, or another valid exception, police cannot search your vehicle. We challenge:
Illegal Search Warrants: Search warrants must be supported by probable cause and issued by a neutral magistrate. We challenge warrants based on:
Illegal Home Searches: Your home receives the highest Fourth Amendment protection. Warrantless home searches are presumptively unconstitutional unless a specific exception applies. We challenge:
If we successfully argue that evidence was obtained through constitutional violations, the firearm evidence must be suppressed under the exclusionary rule, typically resulting in dismissal of charges.
To convict you of felon in possession, the prosecution must prove beyond a reasonable doubt that you knew the firearm was present. We defend cases where:
Mere presence in a location where a firearm exists is insufficient for conviction—the prosecution must prove you knew it was there.
Even if you knew about the firearm, the prosecution must prove you possessed it—either actually or constructively. We defend cases where:
For constructive possession, the prosecution must prove not only that you knew about the firearm but also that you had the intent and ability to exercise control over it. Shared access to a location isn’t enough—there must be evidence specifically connecting you to the weapon.
The felon in possession statute only applies to individuals with qualifying felony convictions. We challenge cases where:
The Prior Conviction Wasn’t a Felony: Sometimes convictions initially charged as felonies were reduced to misdemeanors, charges were dismissed, or cases resulted in acquittals. If you don’t actually have a qualifying felony conviction, the charges must be dismissed.
The Prior Conviction Was Expunged or Reduced: While federal law still prohibits firearm possession after expungement, California law may allow gun rights restoration in certain circumstances after expungement, reduction of a felony to misdemeanor under Penal Code § 17(b), or successful completion of certain programs.
The Prior Conviction Was From Another Jurisdiction: When the prior conviction is from another state, we examine whether it actually qualifies as a felony under California law or federal law. Some out-of-state offenses that were felonies in that jurisdiction wouldn’t be felonies in California.
Certificate of Rehabilitation and Pardon: If you obtained a Certificate of Rehabilitation and Governor’s pardon before the alleged possession, your gun rights may have been restored.
California courts recognize limited exceptions for momentary possession of firearms by prohibited persons in very specific circumstances. We may argue momentary possession when:
This is a narrow defense that requires specific fact patterns, but it can be successful in appropriate cases.
In rare cases involving undercover operations or informants, we may argue entrapment—that law enforcement induced you to possess the firearm when you wouldn’t have otherwise done so. Entrapment requires showing that:
In limited circumstances, a genuine and reasonable mistake of fact can be a defense. For example:
Mistakes of law (not knowing that felons can’t possess firearms) are not valid defenses, but genuine factual mistakes may be.
California law defines “firearm” specifically. We challenge cases involving:
If the prosecution delays unreasonably in bringing your case to trial, we may move to dismiss based on violation of your constitutional right to a speedy trial.
One of the most challenging aspects of felon in possession cases is that you can potentially be prosecuted under both California state law (Penal Code § 29800) and federal law (18 U.S.C. § 922(g)).
Federal prosecutors typically pursue felon in possession cases when:
Under the “dual sovereignty” doctrine, prosecution by both state and federal authorities for the same conduct doesn’t violate double jeopardy protections. This means:
This creates significant strategic considerations in how we defend your case and negotiate with prosecutors.
Federal prosecution is particularly dangerous if you have prior violent felony convictions. The Armed Career Criminal Act (ACCA) mandates a minimum 15-year federal prison sentence for felon in possession if you have three or more prior convictions for:
ACCA cases require sophisticated defense strategies, including challenges to whether prior convictions actually qualify as predicates under recent Supreme Court decisions that have narrowed ACCA’s scope.
Los Angeles County, including Inglewood, has some of the most aggressive firearms enforcement in California. According to recent statistics, the Lo[5]s[5] Angeles Police Department seized 7,634 illegal firearms in 2024, including 790 ghost guns[5], reflecting intensive focus on removing illegal weapons from the community.
With Inglewood’s population being 51.7% Hispanic or Latino[7] and facing crime challenges, many residents have prior felony convictions that trigger firearm prohibitions. The combination of high firearm enforcement and significant numbers of residents with prior felonies creates substantial risk for Inglewood residents.
Many Inglewood residents with prior felony convictions are on probation or parole, which includes conditions prohibiting firearm possession and subjecting you to searches without warrants. The Los Angeles County Probation Department[8] supervises thousands of probationers who face firearm prohibitions as a condition of supervision.
If you’re found in possession of a firearm while on probation or parole, you face not only criminal prosecution for felon in possession but also:
We coordinate defense strategies across criminal and administrative proceedings to protect you in both forums.
In many Inglewood households, family members or roommates may legally possess firearms while you, as a convicted felon, cannot. This creates complex situations where:
We help establish clear evidence that firearms belonged exclusively to others, that you lacked access to storage locations, and that you took steps to avoid possession or control.
With Inglewood’s median household income at $71,029[1], many residents face economic challenges. Prior felony convictions already create employment and housing barriers. Adding a felon in possession conviction compounds these problems exponentially, making it nearly impossible to find legitimate employment or housing.
We fight aggressively to avoid convictions that will further damage your ability to support yourself and your family.
California’s firearms laws are among the most complex in the nation, with dozens of statutes, exceptions, and evolving case law. We stay current on all developments in firearms law and understand how to apply them to your defense.
We handle both California state court prosecutions and federal prosecutions, understanding the different procedures, sentencing structures, and strategies required in each system. We can defend you against state charges and protect you from potential federal prosecution.
Most felon in possession cases are won or lost on Fourth Amendment suppression motions. We thoroughly investigate the circumstances of every search and seizure, identify constitutional violations, and file aggressive motions to suppress evidence. Successful suppression typically results in dismissal of charges.
We understand how the California Department of Justice’s Armed and Prohibited Persons System works, how to challenge APPS-based investigations, and how to identify errors in APPS records that may have led to wrongful arrests.
When cases proceed to trial, we’re experienced trial attorneys who have successfully defended firearm possession cases before juries. We know how to select favorable jurors, cross-examine law enforcement witnesses, present expert testimony, and argue persuasively for acquittal.
With Inglewood’s diverse, heavily Latino population, language access is critical. We provide full legal services in both English and Spanish (Hablamos Español), ensuring you fully understand your case, your options, and the strategies we’re pursuing.
Even if you’re convicted, we don’t abandon you. We provide guidance on expungement, reduction of felonies to misdemeanors, Certificates of Rehabilitation, and the lengthy process of attempting to restore gun rights through pardons.
Firearms arrests often occur during traffic stops, search warrant executions, or other situations requiring immediate legal representation. We provide 24/7 availability to protect your rights from the moment of arrest.
It’s very difficult but not impossible. California law provides limited mechanisms to restore gun rights after felony convictions. These include obtaining a Certificate of Rehabilitation followed by a Governor’s pardon (a process that typically takes many years and is only available for certain offenses), or having your felony conviction reduced to a misdemeanor under Penal Code § 17(b) if the original offense was a “wobbler” that could have been charged as either a felony or misdemeanor. However, even after these processes, federal firearms prohibitions under 18 U.S.C. § 922(g) may still apply unless specifically restored through federal processes. Expungement under Penal Code § 1203.4 does NOT restore gun rights, despite providing other benefits. The safest approach is to assume that felony convictions result in lifetime prohibition on firearm possession unless you obtain specific legal advice that your rights have been formally restored.
Possibly, depending on the specific circumstances. Mere presence in a home where others lawfully possess firearms is not enough for conviction. However, if the prosecution can prove that you had knowledge of the firearm and the ability and intent to exercise control over it (constructive possession), you can be convicted even if the firearm was registered to and primarily used by someone else. Critical factors include whether you had access to where the firearm was stored, whether you had exclusive control over certain areas where firearms were found, and whether there’s evidence you actually exercised control over the firearms. Living in a home with lawful gun owners requires careful planning to ensure you have no access to or control over their firearms, such as storing them in locked safes to which only the lawful owner has the combination.
Ignorance of the law is generally not a defense. If you have a felony conviction, you’re legally prohibited from possessing firearms regardless of whether you knew about the prohibition. However, if you have a genuine factual dispute about whether you were actually convicted of a felony (for example, you reasonably believed your case was dismissed, reduced to a misdemeanor, or expunged in a way that restored gun rights), this could potentially be raised as a defense. Mistakes of law (not knowing felons can’t have guns) don’t provide a defense, but genuine mistakes of fact about your actual conviction status might. This is a complex area requiring careful legal analysis of your specific conviction history.
Not without more. If you’re not on probation or parole, police cannot search your home without a warrant based solely on your status as a convicted felon. They must have probable cause to believe evidence of crime will be found at your home and must obtain a warrant from a judge. However, if you’re on probation or parole, you’re subject to warrantless searches by probation or parole officers and sometimes by police, often without probable cause. The specific search conditions depend on the terms of your probation or parole. This is one of the most significant differences between being a convicted felon in the community and being on supervision—supervision subjects you to searches that would be unconstitutional for others.
Both California Penal Code § 29800 and federal law under 18 U.S.C. § 922(g) prohibit felons from possessing firearms, but there are important differences. California law provides for sentences of 16 months, 2 years, or 3 years in county jail or state prison. Federal law provides for up to 10 years in federal prison, and if you have three or more prior violent felony or serious drug convictions, the Armed Career Criminal Act mandates a minimum 15-year federal prison sentence. Federal sentences are served in federal Bureau of Prisons facilities (often far from your family and community), require serving approximately 85% of the sentence before release, and are subject to federal sentencing guidelines that may result in longer sentences than state court. Both jurisdictions can prosecute you for the same conduct without violating double jeopardy, meaning you could face both state and federal charges. Federal prosecutors typically pursue cases involving defendants with serious prior records, interstate firearms trafficking, or other aggravating factors.
Not necessarily. The prosecution must prove that you knowingly possessed the firearm. If the firearm belonged to a passenger who maintained exclusive control over it, and you didn’t know it was in the vehicle, you should not be convicted. However, these cases often involve disputes about whose firearm it was and whether you had knowledge and control. Critical evidence includes whose seat the firearm was near, whether it was in an area accessible to multiple occupants, statements made at the time of discovery, and evidence of ownership such as registration or purchase records. Passengers often falsely claim firearms belong to them to protect the driver, but their statements alone may not be sufficient to establish ownership without other corroborating evidence. We thoroughly investigate these cases to establish the actual ownership and control of firearms.
The Armed and Prohibited Persons System (APPS)[6] is a California Department of Justice database that cross-references firearm purchasers with persons who later become prohibited from possessing firearms due to felony convictions, restraining orders, mental health holds, or other disqualifying events. If APPS records show you legally purchased firearms before becoming prohibited but haven’t surrendered them, APPS agents may investigate and seek to recover those firearms. This can lead to arrest if you’re found in possession. The 2024 APPS report shows that as of January 1, 2025, there were 25,911 individuals on the prohibited persons list[6], and agents seized 1,520 firearms through the program in 2024. APPS enforcement is a significant source of felon in possession arrests in California.
Do not consent to the search. If police do not have a warrant, politely but firmly tell them you do not consent to any search. If they have a warrant, ask to see it and examine it carefully (though you cannot refuse a valid warrant). If you’re on probation or parole, you may be subject to searches without warrants depending on your specific conditions, but you should still clearly state that you do not consent. Call an attorney immediately—we provide 24/7 availability for emergencies. Do not make any statements about firearms or your criminal history. Exercise your right to remain silent and request to speak with an attorney before answering any questions.
Yes. If you’re on probation or parole for your prior felony conviction and you’re found in possession of a firearm, you face both new criminal charges for felon in possession and separate probation or parole violation proceedings for violating the condition prohibiting weapon possession. These are separate proceedings with different standards of proof and potential consequences. The criminal case requires proof beyond a reasonable doubt, while probation violation proceedings use the lower “preponderance of evidence” standard. You can be convicted in the criminal case, have probation revoked in the violation proceeding, or face consequences in both forums. We coordinate defense strategies across both proceedings to protect you comprehensively.
Consequences include the sentence imposed by the court (ranging from 16 months to 3 years in state prison under California law, or up to 10 years or more in federal prison under federal law), permanent loss of gun rights that continues even after you complete your sentence, creation of an additional felony conviction on your record that compounds employment and housing difficulties, potential immigration consequences including deportation for non-citizens, loss of professional licenses in many fields, and significant difficulty qualifying for public housing, educational financial aid, and certain government benefits. Beyond the legal consequences, you face social stigma and damaged relationships with family and community. This is why fighting these charges aggressively from the beginning is so critical.
Even when the evidence appears strong, we explore all possible defenses and alternative resolutions including challenging the legality of the search or seizure that discovered the firearm, negotiating for reduced charges, seeking diversion programs if you’re eligible, arguing for probation rather than prison time, and presenting mitigating evidence at sentencing to minimize consequences if conviction is unavoidable. Every case has unique circumstances, and experienced defense counsel can often achieve results that seem impossible. Never assume your case is hopeless without consulting an experienced firearms defense attorney who can thoroughly investigate and evaluate all possible defense strategies.
Don’t let a felon in possession charge destroy your future. These charges carry severe penalties including years in state or federal prison, permanent loss of gun rights, and devastating collateral consequences. Tu Defensor Criminalista provides experienced, aggressive legal defense that protects your constitutional rights and fights for the best possible outcome in your case.
Your initial consultation is free and completely confidential. We’ll listen to the circumstances of your arrest, answer your questions, explain your legal options and potential defenses, and help you understand what to expect. Don’t wait—contact us immediately at (888) 315-3326 to begin protecting your rights and your freedom.
Whether you’ve just been arrested, are under investigation, have an upcoming court date, or are concerned about potential charges, we’re here to help 24 hours a day, 7 days a week. Call now for your free confidential consultation. Se habla español.
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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