
If you’ve been arrested for felon in possession of a firearm in Pomona, you’re facing one of California’s most aggressively prosecuted weapons offenses. Under California Penal Code Section 29800[1], any person previously convicted of a felony who owns, purchases, receives, or possesses a firearm faces serious felony charges with mandatory prison sentences, substantial fines, and lifetime consequences that can destroy your future.
At Tu Defensor Criminalista, we provide aggressive, results-driven defense representation for individuals facing felon in possession of a firearm charges throughout Pomona and Los Angeles County. Our criminal defense team understands the complex interplay between California’s strict firearms laws, constitutional protections, and the unique challenges posed by Pomona’s elevated crime rates and aggressive law enforcement practices.
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California Penal Code Section 29800 PC prohibits specific categories of individuals from owning, possessing, purchasing, or having custody or control over any firearm. This statute applies to anyone who has been convicted of a felony offense in any jurisdiction—whether in California state courts, other states, or federal courts—as well as individuals with certain misdemeanor convictions and those addicted to narcotic drugs.
The law identifies three primary groups of people who cannot lawfully possess firearms in California:
The prohibition applies to all felonies without exception. Even decades-old convictions for non-violent offenses like theft, fraud, or drug possession trigger the lifetime firearms ban under PC 29800.
Understanding the legal definition of “possession” is critical because prosecutors don’t need to prove that you were actively holding or carrying the firearm. California recognizes two distinct types of possession:
Constructive possession is particularly problematic in cases involving shared residences, borrowed vehicles, or situations where multiple people have access to the same location. Prosecutors frequently charge individuals with constructive possession based on their mere presence near firearms, even when the weapons belong to other people.
To convict you of violating Penal Code 29800 PC, the prosecution must establish beyond a reasonable doubt:
The knowledge requirement is essential. If you genuinely didn’t know the firearm was present—for example, if someone placed a gun in your vehicle without your knowledge—you cannot be convicted under PC 29800.
Pomona presents unique challenges for individuals with prior felony convictions. As a city of approximately 151,713 residents[2], Pomona experiences significantly higher crime rates than state and national averages, which has resulted in aggressive law enforcement practices specifically targeting weapons offenses.
According to data from the City of Pomona Office of Violence Prevention[3], the city faces substantial challenges with gun violence:
Crime analysis data indicates that Pomona’s overall crime rate of 42.64 per 1,000 residents exceeds the national average of 33.37[4], with violent crime rates nearly twice the national average. According to NeighborhoodScout’s analysis[5], residents face a 1 in 148 chance of becoming victims of violent crime and a 1 in 33 chance of property crime victimization.
These elevated crime statistics have prompted intensive law enforcement initiatives targeting illegal firearms possession. Pomona Police Department works collaboratively with the Los Angeles County Sheriff’s Department, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Los Angeles County District Attorney’s Office to aggressively investigate and prosecute weapons offenses, including felon in possession cases.
Law enforcement agencies throughout Los Angeles County have prioritized removing firearms from the hands of prohibited persons. According to the Los Angeles Police Department’s 2024 crime statistics[6], LAPD seized 7,634 illegal firearms in 2024, including 790 “ghost guns,” reflecting a coordinated effort across the county to target weapons possession by prohibited individuals.
Pomona residents with prior felony convictions face heightened scrutiny during:
The combination of Pomona’s elevated crime rates and aggressive enforcement means that individuals with felony convictions must exercise extreme caution. Even innocent situations—such as being a passenger in a vehicle where firearms are discovered, living in a home where family members legally own guns, or temporarily handling a weapon during an emergency—can result in immediate arrest and serious felony charges.
A conviction for violating Penal Code 29800 PC carries severe penalties that extend far beyond the immediate criminal sentence. California treats this offense as a straight felony, meaning it cannot be reduced to a misdemeanor regardless of the circumstances.
If convicted of felon in possession of a firearm under PC 29800, you face:
California law provides numerous sentence enhancements that can dramatically increase your prison sentence when firearms offenses occur under specific circumstances:
A conviction for felon in possession of a firearm triggers numerous collateral consequences that continue affecting your life long after you complete your criminal sentence:
Understanding how these charges typically arise can help you avoid risky situations. Based on our experience defending clients throughout Pomona and Los Angeles County, these are the most common scenarios:
Traffic stops represent the most frequent source of PC 29800 arrests. Officers escalate encounters based on suspicious behavior, marijuana/alcohol odors, probation/parole status allowing warrantless searches, outstanding warrants, or gang affiliation indicators. Any firearms discovered result in immediate arrest if the driver or passengers have felony convictions, even if the firearm belongs to someone else.
Individuals on probation or parole face warrantless search conditions allowing officers to search their person, vehicle, and residence without probable cause. Compliance checks often discover firearms belonging to roommates, prior residents, or visitors. Prosecutors pursue charges even when evidence suggests the parolee had no knowledge.
Officers responding to domestic disturbances routinely check for firearms. If weapons are discovered, they run criminal history checks on all adults and arrest anyone with disqualifying convictions. Many arrests involve defendants who never touched firearms but lived where family members legally owned guns.
Pomona’s high gang activity results in frequent search warrants targeting suspected gang members. Multi-agency task forces including Pomona Police, LA County Sheriff, California DOJ, and ATF systematically search for firearms and arrest anyone with disqualifying convictions, often resulting in federal charges.
Common scenarios include borrowing vehicles containing hidden firearms, living with roommates who legally own guns, or inheriting property with unknown firearms. Despite lack of knowledge, prosecutors pursue constructive possession charges.
Felon in possession of a firearm charges are defensible, and numerous legal strategies can result in dismissal, acquittal, or significant charge reduction. At Tu Defensor Criminalista, we aggressively challenge every element of the prosecution’s case, including:
The prosecution must prove beyond a reasonable doubt that you knew you were in possession of a firearm. If you genuinely had no knowledge of the weapon’s presence, you cannot be convicted under PC 29800. We establish lack of knowledge through:
Prosecutors must prove you had either actual or constructive possession of the firearm. We defeat constructive possession claims by demonstrating:
The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement discovered the firearm through an illegal search, we file suppression motions to exclude the evidence. Common Fourth Amendment violations include:
When evidence is suppressed, prosecutors typically cannot proceed with charges because they lack proof of possession.
Not every prior conviction triggers PC 29800 prohibitions. We carefully analyze your criminal history to determine whether your prior conviction legally disqualifies you from firearms possession:
In limited circumstances, individuals with prior felony convictions can restore their firearms rights through:
If you have obtained a certificate or pardon, we present that documentation to defeat PC 29800 charges.
California law recognizes limited exceptions for temporary possession of firearms during emergencies. If you briefly possessed a firearm only to prevent immediate harm to yourself or others, we can argue:
These defenses require careful presentation of facts demonstrating that your possession was truly momentary and motivated solely by emergency circumstances.
PC 29800 cases arising in Pomona are prosecuted by the Los Angeles County District Attorney’s Office and heard in the Pomona Courthouse, located in the Superior Court of California, County of Los Angeles – Pomona Branch North.
Los Angeles County prosecutors take an aggressive stance on felon in possession cases, viewing them as critical to reducing gun violence throughout the county. Prosecutors typically:
Successfully defending PC 29800 charges in Pomona requires attorneys who understand:
Beyond criminal penalties, PC 29800 convictions create lasting obstacles affecting nearly every aspect of life in Pomona and Los Angeles County.
With major employers including Pomona Valley Hospital Medical Center (3,230 employees) and Pomona Unified School District (3,034 employees), firearms convictions create significant barriers. Felony convictions appear on background checks, resulting in disqualification from healthcare, education, government, transportation, security, and financial services positions. Professional licensing boards consider firearms convictions grounds for license suspension or revocation.
With a median home value of $614,600[7], many Pomona residents rely on rental housing. Property management companies and private landlords routinely reject applicants with felony convictions. The Housing Authority of Los Angeles County can deny or terminate housing assistance based on firearms convictions, including Section 8 vouchers and public housing units.
Los Angeles County’s large immigrant communities face severe consequences from firearms convictions. PC 29800 convictions constitute “aggravated felonies” under federal immigration law, making non-citizens deportable regardless of residency length or U.S. citizen family members. Firearms offenses offer virtually no immigration relief, and ICE maintains active operations throughout the county, including Pomona.
Family courts consider firearms convictions when determining custody and visitation. Judges frequently restrict or deny custody to parents with weapons convictions and may require supervised visitation.
Prosecutors rarely charge PC 29800 in isolation. Understanding related offenses helps you comprehend the full scope of potential charges and penalties:
California Penal Code Section 25850 prohibits carrying a loaded firearm in public places or vehicles. This offense is charged as either a felony or misdemeanor (“wobbler”) depending on circumstances, but becomes a straight felony when the defendant has prior felony convictions.
Penalties include:
PC 25850 charges typically run consecutive to PC 29800 sentences, substantially increasing total prison time.
Penal Code 25400 criminalizes carrying a concealed firearm on one’s person or in a vehicle. Like PC 25850, this is a “wobbler” offense that becomes a felony for individuals with prior felony convictions.
Penalties include:
California law prohibits felons from possessing ammunition as well as firearms. Penal Code Section 30305 makes it a separate offense to possess ammunition while prohibited from firearms possession.
Penalties include:
Prosecutors frequently add PC 30305 charges whenever they find ammunition in addition to firearms, increasing exposure and providing additional bargaining leverage.
Penal Code Section 29900 specifically targets individuals convicted of violent felonies, imposing harsher penalties than standard PC 29800 violations. Violent felonies include murder, robbery, assault with a deadly weapon, rape, and other serious crimes.
PC 29900 convictions carry:
In addition to state charges, individuals arrested for felon in possession of firearms in Pomona may face federal prosecution under 18 U.S.C. § 922(g), which prohibits convicted felons from possessing firearms or ammunition. Federal charges typically result in substantially longer sentences:
frequently result in federal prosecution with dramatically increased sentences.
When you’re facing felon in possession of a firearm charges in Pomona, you need a criminal defense team with the experience, resources, and commitment to fight for your freedom. At Tu Defensor Criminalista, we bring:
Our attorneys have successfully defended hundreds of firearms cases throughout Los Angeles County, including numerous PC 29800 cases in Pomona. We understand:
This experience allows us to identify defenses and opportunities that less experienced attorneys miss.
We have established relationships throughout the Pomona courthouse and Los Angeles County District Attorney’s Office. This local knowledge provides critical advantages:
We don’t simply accept the prosecution’s version of events. Our team conducts thorough independent investigations including:
Our firm has achieved outstanding results in PC 29800 and related firearms cases, including:
Every case is unique, and past results don’t guarantee future outcomes. However, our track record demonstrates our commitment to achieving the best possible results for every client.
At Tu Defensor Criminalista, you’re not just another case number. We provide:
Our representation extends beyond the criminal case itself. We address all aspects of your situation:
Yes. California’s constructive possession doctrine allows prosecutors to charge you even if the firearm wasn’t physically yours. If you had knowledge of the firearm’s presence and access to or control over it, prosecutors could pursue PC 29800 charges. However, an experienced attorney can challenge constructive possession theories by demonstrating lack of knowledge, lack of access, or exclusive control by another person.
Lack of knowledge is a complete defense to PC 29800 charges. The prosecution must prove beyond a reasonable doubt that you knew the firearm was present. If someone placed a gun in your vehicle without your knowledge, or if you borrowed a vehicle containing a hidden firearm, you should not be convicted. However, prosecutors often claim knowledge can be inferred from circumstances, so it’s critical to have an attorney who can effectively present your lack of knowledge defense.
Not necessarily. While PC 29800 carries a prison sentence of 16 months to 3 years, judges have discretion to grant felony probation in appropriate cases. Factors that support probation include:
• No prior violent felony convictions
• Minimal criminal history
• Unloaded firearm
• No connection to other criminal activity
• Strong family and community ties
• Employment or educational pursuits
• Cooperation with law enforcement
An experienced attorney can present these mitigating factors persuasively to maximize your chances of probation instead of prison.
California law distinguishes between expungement and dismissal. Under Penal Code 1203.4, most convicted defendants who successfully complete probation can petition for dismissal of their conviction. However, PC 1203.4 dismissals do not restore firearms rights and still count as predicate felonies under PC 29800. Only certain types of conviction reductions (such as reducing a felony to a misdemeanor under PC 17(b)) or pardons restore firearms rights.
Firearms convictions have severe immigration consequences. PC 29800 convictions constitute “aggravated felonies” under federal immigration law, making you deportable and inadmissible. You will likely face removal proceedings after completing your criminal sentence, with little opportunity for relief. Immigration judges have virtually no discretion to grant cancellation of removal or other forms of relief to individuals convicted of firearms offenses. If you’re not a U.S. citizen, it’s absolutely critical that you retain an attorney who understands immigration consequences and can pursue immigration-safe alternatives.
Restoring firearms rights after a PC 29800 conviction is extremely difficult but not impossible. Potential avenues include:
Governor’s Pardon: A full pardon from the California Governor restores firearms rights, but pardons are rare and require at least 10 years of rehabilitation after completing your sentence.
Certificate of Rehabilitation: This is an intermediate step toward a pardon that can restore some rights, though firearms rights restoration varies by conviction type.
Federal Relief: In limited circumstances, relief from federal firearms prohibitions may be available through the Bureau of Alcohol, Tobacco, Firearms and Explosives.
However, these processes are complex and require years of good behavior before even applying. An attorney can evaluate your specific situation and advise whether restoration is possible.
Both California (PC 29800) and federal law (18 U.S.C. § 922(g)) prohibit convicted felons from possessing firearms. The key differences are:
Jurisdiction: State charges are prosecuted by the Los Angeles County District Attorney’s Office in California state courts. Federal charges are prosecuted by the United States Attorney’s Office in federal district court.
Sentencing: Federal sentences are typically longer, with maximum sentences of 10-15 years compared to California’s 16 months to 3 years.
Parole: Federal defendants serve at least 85% of their sentences with limited good time credit. California defendants may be released earlier through various programs.
Enhancements: California law provides numerous sentence enhancements (gang allegations, Three Strikes, etc.) that can dramatically increase sentences. Federal law includes the Armed Career Criminal Act, which mandates 15-year minimum sentences for defendants with three or more prior violent felony or serious drug offense convictions.
Prosecutors decide whether to bring state or federal charges based on factors including the severity of your criminal history, the circumstances of the offense, and available resources.
If you’re prohibited from possessing firearms and suspect a firearm may be in a vehicle you’re driving or riding in:
Do Not Consent to a Search: Politely decline if officers ask for permission to search. Say “I do not consent to a search.”
Do Not Make Statements: Exercise your right to remain silent. Do not admit knowledge of any firearm or make explanatory statements. Say “I want to speak with an attorney” and then remain silent.
Do Not Make Furtive Movements: Keep your hands visible and follow all officer commands. Do not reach for the firearm or make suspicious movements.
Contact an Attorney Immediately: As soon as you’re able, contact a criminal defense attorney who can advise you of your rights and begin building your defense.
Remember, anything you say can and will be used against you. The safest approach is to remain silent and retain experienced counsel immediately.
Case timelines vary significantly based on factors including:
Complexity: Cases involving constitutional issues, multiple defendants, or extensive evidence take longer to resolve.
Motions: Suppression motions and other pretrial motions can extend timelines by several months.
Negotiation: Plea negotiations may extend over multiple court dates as your attorney seeks the best possible resolution.
Trial: Taking a case to trial typically adds 6-12 months to the process.
Court Congestion: The Pomona courthouse and Los Angeles County court system experience significant case backlogs, which can delay proceedings.
Generally, PC 29800 cases resolve within 6-12 months, though complex cases may take longer. Your attorney can provide more specific timelines based on your case’s unique circumstances.
Remember:
California Legislative Information. “Penal Code Section 29800.” Available at: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=29800&lawCode=PEN City of Pomona. “City of Pomona Gun Violence Data.” Office of Violence Prevention and Neighborhood Well-Being. Available at: https://www.pomonaca.gov/government/city-manager/office-of-violence-prevention-and-neighborhood-well-being-ovp/resources-and-crime-data/city-of-pomona-gun-violence-data U.S.
Census Bureau. “QuickFacts: Pomona city, California.” Available at: https://www.census.gov/quickfacts/fact/table/pomonacitycalifornia/PST045224 NeighborhoodScout. “Pomona, CA Crime Rates and Statistics.” Available at: https://www.neighborhoodscout.com/ca/pomona/crime Nextdoor. “Pomona, CA crime rates and safety statistics.” Available at: https://nextdoor.com/resources/crime-and-safety/pomona–ca/ Mayor of Los Angeles. “LAPD Releases 2024 End of Year Crime Statistics for the City of Los Angeles.” Available at: https://mayor.lacity.gov/news/lapd-releases-2024-end-year-crime-statistics-city-los-angeles Wikipedia. “Pomona, California.” Available at: https://en.wikipedia.org/wiki/Pomona,_California City-Data.com. “Pomona, California (CA) profile: population, maps, real estate, averages, homes, statistics, relocation, travel, jobs, hospitals, schools, crime, moving, houses, news.” Available at: https://www.city-data.com/city/Pomona-California.html AreaVibes. “Pomona, CA Crime Rates: Stats & Map.” Available at: https://www.areavibes.com/pomona-ca/crime/ CrimeGrade. “The Safest and Most Dangerous Places in Pomona, CA: Crime Maps and Statistics.” Available at: https://crimegrade.org/safest-places-in-pomona-ca/ FindLaw. “California Code, Penal Code – PEN § 29800.” Available at: https://codes.findlaw.com/ca/penal-code/pen-sect-29800/ apply here
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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