Bonds for Felons in Possession of Firearm California
The law, in California, known as Penal Code 29800, deals with the possession of firearms by felons. According to this law, it is considered a felony crime for anyone who has been convicted of a felony or is addicted to narcotics to own, purchase, receive, knowingly possess, or have control over any firearm.
This article guides the process of obtaining a bond for felons found in possession of firearms in California.
Background and Context
California has some of the best gun ownership laws in the United States. These laws were primarily established in response to incidents and tragic events involving firearms.
One notable regulation emerged as a result of Black Panther activism advocating for carry. Thereafter, Governor Ronald Reagan signed the Mulford Act (1967), which prohibits carrying loaded firearms in public places.
In 1989 following an incident where five children were killed at a school, in Stockton by a shooter California banned assault weapons.
In 1993 a tragic shooting incident occurred in San Diego prompting the people of California to pass Proposition 63. This measure made it mandatory, for individuals purchasing firearms to undergo background checks.
In response to the San Bernardino shooting California introduced a waiting period of ten days for firearm purchases. This allowed time for background checks to be conducted.
The 1993 mass shooting also led California to implement education requirements and a handgun safety test in 2003. These measures are aimed at ensuring that individuals have an understanding of firearm safety laws.
In 2007, California became one of the states to enforce microstamping. This federal law mandated that firearm manufacturers incorporate microstamping technology into automatic handguns for ease of tracking.
On November 8 2016 California introduced an initiative banning large capacity ammunition magazines. The state prohibited magazines with a capacity exceeding 10 rounds of ammunition.
In 2019 California implemented background checks for ammunition purchases. Buyers are now required to undergo a background check through the state’s Department of Justice.
As recently as 2021, California expanded its ban on assault weapons by including firearm models within its scope.
California remains committed to making reforms to address gun violence and promote safety. In line with this commitment, lawmakers from California have come together during the 2023 session to propose regulations, on firearms.
Understanding the Law on Possession of Firearms by Convicted Felons
In California, a felon refers to an individual who has been convicted of a crime that carries a sentence exceeding one year. According to penal code 29800, it is illegal to possess a firearm under the circumstances;
If you have previously been convicted of a felony offense in any state, within the United States, or under law (Felon in possession of a firearm offense)
If you have been convicted of misdemeanors, such as displaying a firearm or committing any other violent offense involving firearms.
If you have a history of addiction to drugs.
If there is a felony warrant for your arrest.
Under California law possessing a firearm means that an individual either owns, receives, purchases has custody of, or exercises control over a firearm.
Violating penal code 29800 is considered a felony offense. Can result in up to three years in county jail or a fine of up to $10,000.
How is The Bail Amount Determined for Felons Found Guilty of Firearm Offenses?
The maximum bail amount in California is set at $10,000. In some cases, this amount may be combined with a county jail sentence lasting, up to three years or offered as an option instead of serving time.
The court decides the amount of bail, for a defendant based on factors:
The seriousness of the felony conviction:
The severity of the felony sentence, previous conviction or the offense committed by the defendant plays a role in determining whether they will be granted bail or face jail time.
Presence of charges:
If the defendant is facing other criminal charges particularly if they involve possessing firearms, it will impact the bail amount set by the court.
Criminal Record:
If the defendant has previous convictions, especially for felonies it will likely influence how the court determines both bail and jail time.
Risk of flight or danger to the community:
If there is a concern that the defendant might flee or pose a threat to others in society it will heavily influence their jail time and bail decision.
The Bond Process for felons in Possession of a Firearm in California
The bond process for felons in possession of a firearm in California involves an agreement between a bail agent and the court known as surety bonds. These agreements ensure that all conditions are met, including payment of bail amount and adherence, to all release requirements.
When securing a bond defendants usually pay a refundable fee of 10% to their bail agent.
California has some of the strictest regulations when it comes to possession. The bond process for felons in possession of a firearm in California can be quite complex. It’s important to seek help from professionals like bail bond agents and attorneys who have the expertise and knowledge to guide you through this process smoothly.
Step-by-step Guide for Individuals Who Are In The Process Of Securing A Bond For Felons In Possession Of A Firearm In California.
The first step is arrest and booking. This involves the person being detained by law enforcement and going through the booking procedure, which includes background checks, documenting information, and taking fingerprints.
Next, the defendant appears before a judge for a hearing to determine whether bail will be granted. The judge considers factors such as criminal history and any additional criminal charges.
Once the judge sets the bail amount if the defendant cannot pay it upfront they can turn to a bail agent for assistance. The bail agent will post bail on behalf of the defendant so that they can be released from custody.
Typically a bail agent charges a refundable fee that amounts to, around 10 percent of the total bail amount. They also bear the responsibility of ensuring that the defendant appears in court.
After the bail has been paid it can take anywhere from minutes, to hours for the defendant to be released. There is no timeframe for when an individual can be released after posting bail.
Once the defendant is set free they must make sure to attend all court proceedings and comply with the conditions of their release to avoid forfeiting their bail and facing charges.
The Significance Of Legal Representation
If you are facing charges in California for being a felon in possession of a firearm it’s crucial to seek assistance from an attorney who can guide you through the complexities of firearm laws. California has one of the sets of gun laws, in the country. If found guilty you could face severe penalties.
A lawyer can assist you in several ways when dealing with firearm laws;
A skilled attorney can help negotiate a reduced charge through a plea bargain by presenting your defense regarding why you possessed a firearm.
If you have already been sentenced by the court an attorney can aid in reducing your sentence or even getting your charges dismissed entirely.
Potential Penalties
If you happen to be found guilty of being a felon, in possession of a firearm in California the consequences can be quite severe. California has implemented laws regarding gun ownership to ensure safety. The penalties vary depending on factors such as the nature of the crime the defendant’s history and the circumstances surrounding the offense.
Here are a few examples of the penalties that felons may face if found in possession of a firearm in California:
Felony conviction:
Possessing a firearm in California is classified as a felony offense that could result in a conviction.
Imprisonment:
Upon conviction defendants typically receive prison sentences that may range from sixteen months to three years depending on the specifics of their case.
Probation:
Depending on the circumstances judges have the discretion to order probation of or alongside imprisonment.
Fines:
In addition to jail time or as a punishment courts may impose fines.
Loss of firearm rights:
Following conviction individuals may permanently lose their right to own firearms.
Restitution:
If harm was caused with the firearm, courts may require defendants to provide restitution, for any damages inflicted upon victims.
Enhancement, for Convictions:
If a a person convicted has a history of convictions especially for serious crimes they are more likely to receive a harsher sentence compared to someone with no criminal record.
Three Strikes Law: California implemented the Three Strikes Law on March 7, 1994. Its purpose is to impose penalties on individuals found guilty of crimes who have previously been convicted of similar offenses. These previous offenses are commonly referred to as “strikes “. Upon receiving a strike or conviction the individual is likely to face a sentence of 25 years imprisonment or even life imprisonment.
Conclusion
Understanding the procedures related to possession for individuals with prior felony convictions is crucial particularly if you find yourself in such a situation. California has regulations concerning firearm ownership, which are regularly updated to ensure safety. These strict regulations entail penalties that can significantly impact defendants. Therefore it is crucial to have an understanding of the charges against you, especially in cases involving a bond for felon in possession of a firearm in California. To achieve this it is advisable to seek guidance from an attorney who can assist you throughout the legal process.
In California being caught in possession of a firearm as a convicted felon is considered an offense. However, it may be possible for you to obtain bail while awaiting trial. The bail amount for such an offense can be substantial. May require obtaining a bond as collateral, for your release.
The team, at The Bail Boys consists of bail agents who are here to assist you in securing your release . We recognize the anxiety that often accompanies this situation and are committed to supporting you through it ensuring a prompt process.
Contact us now to learn how you can get a bond for a felon in possession of a firearm in California.