What is the test for a firearm possession offence?

California, United States of America


The following excerpt is from People v. Shells, B269286 (Cal. App. 2016):

gun. After the other two men left the store to check on the status of a getaway van, [defendant] walked out of the store. Upon being confronted by police, [defendant] ran. When the police captured [defendant], he told them he had a gun in his pocket. It was stipulated that [defendant] had previously been convicted of a felony." (People v. Shells, supra, B099474, at p. 2.)

Other Questions


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)
Is possession of a loaded, operable firearm an enhancement on count 2 of a firearm offence? (California, United States of America)
Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
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 probation condition prohibiting possession of firearms or ammunition be changed to prohibit possession of a firearm without a knowledge requirement? (California, United States of America)
How have courts interpreted section 654 of the California Criminal Code for possession of a firearm and the possession of ammunition in a firearm? (California, United States of America)
What is the definition of an offence for possession or possession of a firearm? (California, United States of America)
Can a conviction for possession of a firearm be based on constructive possession of the firearm? (California, United States of America)
In what circumstances would the Court have found that possession for sale and possession for possession of a firearm be a less favourable verdict than the previous verdict? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.