What is the current state of the law on possession of a firearm by a felon?

California, United States of America


The following excerpt is from People v. Black, F062313 (Cal. App. 2012):

1. Effective January 1, 2012, former Penal Code section 12021, subdivision (a)(1), prohibiting possession of a firearm by a felon, was repealed and replaced without substantive change by Penal Code section 29800, subdivision (a)(1) (Stats. 2010, ch. 711, 4 [repealed], Stats. 2010, ch. 711, 6 [reenacted]). Except as otherwise indicated, all further statutory references are to the Penal Code.

2. See Miranda v. Arizona (1966) 384 U.S. 436.

3. Except as otherwise indicated, the remainder of our factual statement is taken from appellant's testimony.

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