Firearm ownership with pending felony case? 8 Answers as of November 27, 2010

In California. I have no felonies, a few DUIs both misdemeanors. I am currently fighting a felony court case in Orange County, in violation of 11351 H and S Code and 11352a H and S Code, both felonies if convicted. Can I pass a background check to purchase a firearm? If found guilty, I will surrender the weapon, if not I intend to keep it. Is this possible?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It is only a crime if you have been convicted of a felony. Once you are convicted, possession of a firearm is a felony. You should also be aware that there are other classification of crimes, even misdemeanors, that prevent one from lawfully possessing a firearm.
Answer Applies to: California
Replied: 11/27/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
You may own a fireame up to the time you are judged guilty. Contact me for help Yours truly in not being convicted of a felony.
Answer Applies to: California
Replied: 11/10/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
You are only prohibited from firearm possession or ownership if you have been convicted of a felony or certain violent misdemeanors (DUIs do not prevent this unless they are felonies). It also is possible that a judge prohibited you from that as a condition of OR release.

Our office is very experienced in handling these matters. For more information or to be represented, please call
Answer Applies to: California
Replied: 11/9/2010
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
Your application will likely be denied. You are not prohibited from possessing any current firearms in your possession unless otherwise ordered by the court. You need to beat the felony charges contact my office for a consultation.
Answer Applies to: California
Replied: 11/8/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
If you are a convicted felon you may not own or posses a firearm in California.
Answer Applies to: California
Replied: 11/8/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Any person who has been convicted of a felony, a specified misdemeanor, or a specified firearms offense; who is currently under indictment for a felony; who is addicted to narcotics; who is the subject of a protective order; or who has been found by a court or mental facility to have certain mental disabilities is prohibited by California and federal law from possessing firearms and ammunition. The prohibition against firearms possession is effective immediately upon the occurrence of the prohibiting event (such as the date of the conviction, or when a protective order is issued) and requires the person who is prohibited from possessing firearms to immediately relinquish all firearms.

    Any of those prohibition conditions makes you a prohibited person who would be guilty of a felony by having any firearm of ammunition in your possession, or by attempting to buy a firearm.
    Answer Applies to: California
    Replied: 11/8/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Under California and federal law a convicted felon may not own a firearm. I think California allows long guns but the feds will still get you. You do not become an "ex-felon in possession" until convicted.
    Answer Applies to: California
    Replied: 11/8/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    First I would discuss this matter with your attorney who is representing you. Without knowledge of the case it would be impossible to determine your possible chances at successfully fighting the charges. Personally I would advise not purchasing any firearms until this matter is settled.
    Answer Applies to: California
    Replied: 11/8/2010
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