Legal Question in Criminal Law in California

gun ownership

I have a 20yr old felony for harboring a fugitive. I am aware that I do not have the legal right to own and register a gun. I am currently being harrassed by an individual. The police have been made aware of this and advised me to get a restraining order. My question: If I had to use a gun for self defense in my home against this person could I be charged with a crime for instance manslaughter?

Thank you for your response.


Asked on 9/04/04, 12:08 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: gun ownership

Anyone who uses a gun for self defense risks being charged with manslaughter or murder. You will certainly be charged for being a felon in the possession of a firearm. You could be in the position of a person in New York City who uses an unlicensed firearm for self denfens. One such person was put in prison for a longer period of time than the person who broke into his home and stabbed him with a screwdriver.

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Answered on 9/06/04, 4:22 pm
Terry A. Nelson Nelson & Lawless

Re: gun ownership

In today's politically correct, anti-gun, society, you could easily be charged as 'felon in possession', plus the murder/manslaughter and related charges you mention. You could do more time than the guy breaking in to kill you.

Get the restraining order. IF you have had no other arrests or charges since the felony, you might consider seeking a rehabilitation order that could restore your rights. It is possible to do so, not guaranteed, and a little expensive in attorney fees.

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Answered on 9/07/04, 1:15 pm


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