Lancaster, CA asked in Criminal Law for California

Q: Under PC 3453 what does "The person shall not be in the presence of a firearm or ammunition, ..." mean?

This is a rule under post release community supervision. My son will be release from CDCR soon.

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: The person, and his or her residence and possessions, shall be subject to search at any time of the day or night, with or without a warrant, by an agent of the supervising county agency or by a peace officer.

California Penal Code Section 3453 - Public.Law

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: PC 3453 is a California Penal Code section that outlines conditions of parole for certain convicted felons. Specifically, the section states that a person who has been convicted of a felony involving the use of a deadly weapon shall be subject to certain conditions during their parole. One of these conditions is that "The person shall not be in the presence of a firearm or ammunition, or their constructive possession, as defined in Section 12001.3 of the Penal Code."

This means that the person is prohibited from being near firearms or ammunition. "Constructive possession" refers to situations where a person may not physically have the firearm or ammunition on their person, but they have control over it or the ability to access it, such as having a key to a safe where the firearms are stored. Therefore, under PC 3453, the person is prohibited from having any access or control over firearms or ammunition.

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