Morris Law is a Berkeley criminal defense law firm. Call (510) 350-3225 for a free case review of your felon in possession of a firearm case. Felon in Possession of a Firearm in California is prosecuted under California Penal Code §29800. All Berkeley cases are heard at the Alameda County courthouses in Downtown Oakland. Seth Morris spent years in those courthouses as a Deputy Public Defender.

What is felon in possession of a firearm under California law?

Berkeley Felon in Possession Lawyer — Morris Law

California Penal Code §29800 makes it a felony for anyone convicted of a felony — anywhere — to own, possess, have custody of, or control any firearm or ammunition. The California ban is lifetime. Federal law adds an independent lifetime ban under 18 U.S.C. §922(g)(1). Additional prohibitions apply to persons with certain misdemeanor convictions (PC §29805), addicts, and those under restraining orders.

Penalties for felon in possession of a firearm in California

Below are the specific penalties Morris Law sees for felon in possession of a firearm cases in Alameda County:

  • Felony: 16 months, 2, or 3 years state prison under PC §29800
  • Federal violation of 18 U.S.C. §922(g)(1) can be prosecuted separately: up to 10 years federal prison
  • Armed Career Criminal Act (ACCA) enhancement: 15-year mandatory minimum if three prior violent felonies or serious drug offenses
  • Additional prohibitions for other categories (PC §29805): 10-year ban for certain misdemeanor DV convictions, addictions, restraining orders
  • Firearms cannot be present in the home, car, or workplace under prohibited-person’s control

Collateral consequences — professional licensing, immigration status, firearm rights — often exceed the direct sentence. We assess collateral exposure at the start of every case.

How Morris Law defends felon in possession of a firearm cases in Berkeley

Every case is different, but the defense strategies below are the ones that most often produce dismissals, reductions, and acquittals in felon in possession of a firearm cases:

  • Fourth Amendment suppression under PC §1538.5 — firearms found during illegal traffic stops, warrantless searches, or invalid stop-and-frisks must be suppressed.
  • Constructive vs. actual possession — a gun in a shared vehicle, in another person’s bag, or in a home shared with others may not be ‘possessed’ by the defendant.
  • Lack of knowledge — the prosecution must prove you knew the firearm was there.
  • Momentary possession defense — under People v. Hurtado, possession to dispose of or hand over to police can be a defense.
  • Antique and curio exception (PC §16170) — firearms manufactured before 1899 and certain curios are exempt from felon-in-possession bans.
  • Bruen challenges — following NYSRPA v. Bruen (2022), certain gun statutes have been challenged constitutionally. We track pending appellate litigation.
  • Certificate of Rehabilitation and Governor’s Pardon — rare but available paths to restore firearm rights.

What to do if you are arrested for felon in possession of a firearm in Berkeley

Most Berkeley arrests are made by the Berkeley Police Department (BPD). UC Berkeley Police handle arrests on campus and in university housing. Alameda County Sheriff and CHP also make arrests. Take these steps:

  1. Invoke your right to counsel. Under Miranda v. Arizona, you must clearly say you want a lawyer, then stop talking.
  2. Do not consent to a search. Officers need a warrant, probable cause, or your consent. Refuse politely.
  3. Call Morris Law at (510) 350-3225. We answer 24 hours a day.
  4. Preserve evidence. Photograph injuries, damage, or torn clothing. Note officers’ names, badge numbers, and witnesses.
  5. Stay off social media and jail phones. Both are recorded and admissible.
  6. Write down your account for your attorney. Record what happened while events are fresh.

Why Berkeley residents choose Morris Law for felon in possession of a firearm defense

Morris Law was founded by Seth Morris, a former Alameda County Deputy Public Defender. What we bring to every case:

  • Seth Morris was a Deputy Public Defender in Alameda County. He defended clients in the exact courthouses where Berkeley cases go.
  • More than 25 jury trials, including life-in-prison exposure cases.
  • Federal recognition on police body cameras and 4th Amendment litigation. Obama Task Force on 21st Century Policing contributor.
  • Published in the Washington Post, Vanity Fair, and Salon. Interviewed on MSNBC, NBC Bay Area, KQED, KALW.
  • Berkeley office at 2025 Rose St #200. Serves Berkeley, Albany, El Cerrito, Kensington, Emeryville.
  • 24/7 phone access at (510) 350-3225.

Seth Morris is a member of the National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, and the Alameda County Bar Association.

How felon in possession of a firearm cases move through Alameda County

Stage Where Timing
Arrest Berkeley — often by BPD Day 0
Booking Glenn E. Dyer or Santa Rita Jail Day 0–1
Arraignment Wiley W. Manuel or René C. Davidson Within 48 hours in custody
Preliminary hearing (felony) René C. Davidson Courthouse Within 10 court days in custody
Trial Wiley W. Manuel or René C. Davidson Within 60 days if not waived

Felon in Possession of a Firearm defense — Frequently Asked Questions

Can a Berkeley felon own a gun in their home?

No. Penal Code §29800 makes it a lifetime felony for any person convicted of a felony to own, possess, or have custody or control of any firearm or ammunition. The ban applies in your home, your car, and any place where a firearm is under your control.

Can a Berkeley felon possess ammunition?

No. PC §30305 prohibits felons from owning, possessing, or having custody or control of ammunition, in addition to firearms. Ammunition includes loose rounds, magazines, and reloading components. Federal law under 18 U.S.C. §922(g) has a parallel ban.

How can Berkeley felons restore their gun rights?

Options are narrow: a Certificate of Rehabilitation under PC §4852.01 (available for some non-DV felonies) that may lead to a Governor’s Pardon under PC §4800, or in rare cases a federal pardon. Restoration of California rights does not automatically restore federal rights.

Where do Berkeley criminal cases go to court?

Berkeley cases go to the Alameda County Superior Court. Misdemeanors and traffic go to the Wiley W. Manuel Courthouse (661 Washington St, Oakland). Felonies go to the René C. Davidson Courthouse (1225 Fallon St, Oakland). Our attorneys appear at both regularly.

Who is Seth Morris?

Seth Morris founded Morris Law in 2021. He earned his JD at UC Berkeley School of Law in 2006, served as a Deputy Public Defender in Alameda County, and has tried more than 25 jury trials — including cases with life-in-prison exposure. He helped develop the national Body Camera Toolkit for President Obama’s Task Force on 21st Century Policing.

How quickly can I meet with a Berkeley criminal defense lawyer?

Same day, in most cases. Attorneys are reachable 24 hours a day at (510) 350-3225. If a family member has been booked at Berkeley Police Department or transferred to Santa Rita Jail, we can arrange contact within hours.

Get a free felon in possession of a firearm case review

Talk to a Berkeley criminal defense lawyer today. Call (510) 350-3225 or use our online form. Free case review. 24-hour phone. Berkeley office at 2025 Rose St #200.

Schedule Your Free Consultation

Related pages

Official government resources