Is possession of a firearm by a felon a serious felony?
California, United States of America
The following excerpt is from People v. Ortega, B278160 (Cal. App. 2017):
Thus, "any felony offense that includes a gang enhancement under section 186.22(b)(1) is a serious felony as defined by section 1192.7(c)(28)." (People v. Briceno (2004) 34 Cal.4th 451, 463-464 (Briceno).) Here, possession of a firearm by a felon is not separately listed as a serious felony in section 1192.7 subdivision (c), but it became a serious felony because it was committed for the benefit of a criminal street gang. ( 1192.7(c)(28).)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a convicted felon convicted of assault with a deadly weapon and felon in possession of a firearm prohibited from possessing a firearm? (California, United States of America)
Can a felon in possession of a firearm be punished separately for the possession and the crime in which the felon used the firearm? (California, United States of America)
Can a convicted felon who is in possession of a firearm for a short period of time, but who has not been convicted of a criminal offence under section 12021 of the California Penal Code, can he continue to possess the firearm? (California, United States of America)
When an ex-felon commits a crime using a firearm and arrives at the scene already in possession of the firearm, does Section 654 of the Criminal Code bar assault with a firearm? (California, United States of America)
Is there any case law where a convicted felon in possession of a firearm during the commission of his current felon-in-possession conviction? (California, United States of America)
Does section 654 of the California Criminal Code prohibit multiple punishment for possession of a firearm by a convicted felon and possession of ammunition by a felon? (California, United States of America)
What are the consequences of the jury's finding of gang enhancement allegations in the case of the alleged assault with firearm and possession of a firearm by a felon? (California, United States of America)
Is a serious felony conviction described by section 1192.7, subdivision 23 of the California Criminal Code a "serious felony" and arising out of a crime committed before the effective date of Proposition 8? (California, United States of America)
Can a convicted felon be punished separately for the theft of a firearm and possession of the firearm stolen? (California, United States of America)
Is it a felony for a convicted felon to own or to be in possession, custody or control of a firearm? (California, United States of America)
