Legal Question in Criminal Law in California

I'm getting charged with felon in possesion of firearm and possesion of illegal ammunition. I am a felon but it was my wifes unregistered gun and there was a 25 round clip..what could be my punishment?


Asked on 11/24/09, 1:03 am

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Under Penal Code 12021, being a felon in possession of a firearm is a felony punishable by up to three years in state prison. Note that the crime is possession, not ownership, so it wouldn't matter if someone else owned the gun.

The laws regarding possession of a high capacity magazine (over 10 rounds) under Penal Code 12020 are a little more complicated. It is illegal to bring them into the state, but the prosecution would have to prove that the magazine was imported after the ban went into effect. A violation is a "wobbler," meaning it can be charged as a felony or a misdemeanor. If you were convicted of both charges as felonies, it would add a maximum of eight months to the total sentence.

Of course, this answer is based on the brief information you have provided, and there are many other factors that could affect the outcome of the case. To get an informed answer, you need to speak with a lawyer who can review all of the facts. If you can't afford to hire an attorney privately, ask the judge to appoint the public defender to represent you.

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Answered on 11/29/09, 12:56 pm
Terry A. Nelson Nelson & Lawless

Up to 25 to life, depending upon how you are charged, and whether your attorney is able to get either of the two strikes disregarded or any of the charges dropped in a plea bargain. You should have learned the rules that apply to you regarding firearms and ammo, they are quite clearly spelled out, and rigidly enforced. If this is in SoCal courts, and if you're serious about getting the legal help you very much need, feel free to contact me.

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Answered on 11/30/09, 4:35 pm


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