Q: Convicted felony in 2009 and using a gun at firing range
Father was convicted of a stalking felony in 2009. In 2020, father went on vacation to Utah. He went to a driving range and used a gun from the range (he does not own one) at that location for a period of 20 minutes. Is this a violation of any firearm law? If so, can he be charged for this incident even though it occurred a year ago? No he was not arrested. Need to know if someone can retroactively charge him with this offense.
A:
MORE INFO NEEDED
LAWYERS IN CALIF WILL NOT KNOW UTAH LAW OR HOW JUDGES THERE IMPOSE A SENTENCE.
IF HE WAS ORDERED NOT TO POSSESS A GUN, THEN IS THE USE OF A GUN AT A DRIVING RANGE POSSESSION? CLEARLY TEMPORARY POSSESSION, BUT IS THAT ENOUGH?
WAS IT HIS GUN OR THAT OF THE RANGE?
WAS HE ARRESTED OR IS THIS THEORITICAL?
A: Yes. The crime is Ex- Felon in Possession of a Firearm , Penal Code section 29800 (a), in California. The crime was committed in Utah, however, so it would be up to the county where the crime was committed to prosecute. The Statute of Limitations, within which a crime can be charged, is 3 years for this felony in Ca., and probably similar in Utah.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
