Legal Question in Criminal Law in California

i was convicted of a fellony on sep. 19, 1997. in van nuys superior court, la, ca.

i received a five year sentance with a strike. i paroled on dec, 25, 2001. i sucessfully finished my parole and discharged my state #. i have had no arrests since. two months ago i went camping with a friend, we went skeet shooting while there. on the way i stopped at a big 5 sporting goods store and purchesed a box of shotgun shells. i was asked for my id and a thumbprint, both of which i provided. is this illegal? if so how can i resolve it with out jail time? i own no firearms and did not think about potential ramifacations when i made purchase, did not even cross my mind that it might have been illegal. thank you.


Asked on 10/07/09, 2:32 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Penal Code 23136 makes it illegal for anyone who has been convicted of a felony to possess ammunition. It is a wobbler, which means it can be a misdemeanor with a maximum term of a year in prison, or a felony with up to three years in state prison. Since you have a strike prior, a prison term would be doubled, with a maximum of six years in prison at 80% time.

You should talk to an attorney about this. The best thing might just be waiting and hoping your illegal purchase of ammunition doesn't get flagged in the computer system.

You also need to become more familiar with the restrictions that result from your felony conviction. Penal Code 12022 makes it a felony for you to possess a firearm. It's hard to imagine how anyone could shoot skeet without possessing the gun he is shooting.

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Answered on 10/08/09, 3:25 am


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