How much time can a felon get for gun possesion? 7 Answers as of April 30, 2012

My kids father was on parole and hit caught with a gun from another state that he bought off the streets. He already did the violation time 90 days. So will he go to the Feds?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
A felon with a gun comes under penal code section 12021. The punishment for this is ten months, or two years or three years.
Answer Applies to: California
Replied: 4/30/2012
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Ex-felon in possession is both a state and federal crime. The parole revocation is only part of what they can do to him. He has a kids; He is on parole; and he buy a street gun? I hope your gene pool is better that his or you will have the some pretty stupid children. In other words after they have revoked him and made him do his time for the parole violation both state and feds can prosecute him for the separate?crime of ex-felon, etc. And the worst part is that if they want to be real bastards BOTH the state and fed can jam him up. There is nothing to prohibit CA from charging and convicting him on a 12021 PC, and then the feds come right along and prosecute him on the 18 USC 922, et sec ex-felon. Hard to believe but true. They are considered two separate crimes against two soveirgn entities. Same with drug cases, bank robberies, etc. They usually don't go after him in both?jurisdictions, usually just one or the other. But if they have a real issue with him they CAN do this.
Answer Applies to: California
Replied: 4/30/2012
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
He could be charged in federal court or in state court. It depends on how serious an offender the federal authorities believe he is.
Answer Applies to: California
Replied: 4/27/2012
Nelson & Lawless
Nelson & Lawless | Terry Nelson
10 years prison mandatory on a federal conviction. Whether he goes to the feds is up to the federal prosecutor filing charges or not. Whether it gets plea bargained is up to he and his attorney dealing with the prosecutor.
Answer Applies to: California
Replied: 4/26/2012
Law Office of Jared C. Winter
Law Office of Jared C. Winter | Jared C. Winter
It is possible that the Feds may pick it up, but unlikely. The DA could file charges, however. Felon in possession of a firearm can carry up to three years state prison and it is not eligible to be served in the county jail under realignment. He needs an attorney.
Answer Applies to: California
Replied: 4/26/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    Not likely, unless he was caught with an assault rifle or the like. If anything it would probably bra state charge. Hopefully this was taken care of when he was found in violation of his probation, which will be the end of it. Normally, illegal possession of a firearm carries a maximum of 3 years. Without more, however, it is impossible to determine what his possible sentence would be since factors in his criminal history play a large part. If new charges are filed, his lawyer will be able to answer this question.
    Answer Applies to: California
    Replied: 4/26/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    If his case does not go Federal, he can face up to 3 years (plus an additional year if he has not remained free from prison custody for 5 years before this offense) and more if he has other prison priors and/or strikes.
    Answer Applies to: California
    Replied: 4/26/2012
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