Proven Defense. Restoring Your Rights
A charge of being a “Felon in Possession of a Firearm” is more than a technicality—it is a direct threat to your liberty. In San Diego, prosecutors often view these cases as “open and shut” based solely on the presence of a weapon. However, the law is nuanced, and a prior conviction doesn’t mean you’ve forfeited your right to a fair defense. At the Law Offices of Logan Noblin, we specialize in dismantling the prosecution’s assumptions to keep you out of custody and protect your future.
Don’t Let Your Past Dictate Your Future
In San Diego, the prosecution often treats firearm possession as an “open and shut” case the moment a weapon is recovered. They rely on the assumption that your prior record makes you a “danger to the community” to push for maximum sentencing.
We push back. We don’t just look at the gun; we look at the legality of the stop, the validity of the search, and the truth of who actually owned the weapon. By attacking the prosecution’s narrative from day one, we fight to keep your record clean and your freedom intact.
Defense In Every Corner
Challenging "Knowing" Possession
Mere proximity is not a crime. Under California law, the prosecution must prove you knew the weapon was there and that you had the intent to maintain control over it. We dismantle the “Constructive Possession” argument by proving the firearm belonged to a roommate, was left in a vehicle by a friend, or was stashed in a common area without your knowledge. If you didn’t know it existed, you aren’t guilty.
Fourth Amendment Suppression (Illegal Search & Seizure)
Many firearm arrests are the result of overzealous policing. If law enforcement pulled you over without probable cause or entered your home without a valid warrant, your Constitutional rights were violated. We filing a Motion to Suppress Evidence (PC 1538.5); if the judge determines the search was illegal, the firearm is tossed out as evidence, and the prosecution’s case usually collapses.
The "Momentary Possession" Defense
California law recognizes a narrow but powerful defense for transitory possession. If you only took control of the firearm for a fleeting moment—for example, to take it away from someone who was being unsafe or to immediately dispose of it—you lack the criminal intent required for a conviction. We highlight the protective nature of your actions to negate the charge.
Attacking the "Predicate" Conviction
To be guilty of PC 29800, you must have a valid qualifying prior felony. We perform a deep-dive audit of your criminal history, looking for “Wobblers” that were (or should have been) reduced to misdemeanors. We also scrutinize out-of-state convictions; if your prior doesn’t meet the strict criteria of a California felony, the “Felon in Possession” charge cannot stand.
Judicial Advocacy & The Mitigation Offensive
We don’t just wait for the DA to make an offer. We take the fight directly to the bench. By presenting a comprehensive mitigation packet—detailing your professional achievements, family obligations, and rehabilitation efforts—we lobby the judge for a Judicial Diversion or a reduction in charges. Our goal is to bypass the prosecutor’s rigid stance and find a path that avoids state prison.
The Wins
Confronted with the GPS timeline and the DNA results, the District Attorney conceded they could not meet the burden of proof. The felony charges were dropped, the parole hold was lifted, and our client returned home to his family within 48 hours of our intervention.
Our Proven 4-Step Blueprint
In San Diego, a firearm arrest for a prohibited person triggers a fast-moving legal clock. The District Attorney is already building a “violent offender” narrative against you based on your past. Logan Noblin uses a tactical roadmap to seize control of that narrative and challenge the evidence before it hardens into a conviction.
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We don’t take the police report at face value. In firearm cases, officers often make “guilt by association” arrests without conducting a thorough investigation. We secure the evidence they ignored:
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Timing is everything. There is a critical window between your arrest and the moment a prosecutor decides to file formal felony charges. This is where Logan’s “Strategist” side is most effective:
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If the case moves forward, we apply relentless pressure to force a favorable resolution. We use Logan’s reputation as a top-tier litigator to negotiate from a position of strength:
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The goal is a clean slate. We prepare every case as if it is headed for a jury to ensure we have maximum leverage at the bargaining table:
Common Questions
Possession isn’t just holding a gun in your hand. California recognizes two types: Actual Possession (having the weapon on your person) and Constructive Possession (having the weapon in a place you control, like your car or bedroom). Most PC 29800 cases are built on constructive possession, which we challenge by proving you had no knowledge or intent to control the item.
Yes. If a firearm is in a shared home and you have “access” to it, a prosecutor may charge you with possession. To protect yourself, any firearms in the home must be kept in a locked safe to which you do not have the key or combination. We often fight these charges by proving the weapon was under the exclusive control of someone else.
Under PC 29800, the firearm does not need to be loaded or even operable to trigger a felony charge. As long as the device was “designed to be used as a weapon” and expels a projectile by combustion, it meets the legal definition. However, if the item is a truly antique or permanently deactivated wall-hanger, we can use that to dismantle the prosecution’s case.
A violation of PC 29800 is a straight felony. If convicted, you face 16 months, two years, or three years in state prison and a fine of up to $10,000. If you have prior “strikes” on your record, these penalties can be significantly increased under California’s Three Strikes Law.
“Knowledge” is a required element of the crime. If you borrowed a friend’s car or are driving a shared vehicle and had no idea a weapon was hidden under the seat or in the trunk, you are not guilty of “willful” possession. We use digital evidence and witness testimony to prove this lack of knowledge.
Yes. California law applies to anyone convicted of a felony in any state or country, provided the offense would also be considered a felony under California law. We meticulously review out-of-state “predicates” to see if they actually qualify as a felony here.
California recognizes a very narrow “Necessity” defense. If you took possession of a firearm only in a moment of imminent, life-threatening danger and had no other reasonable alternative, we may be able to argue that your possession was lawful. This requires proving the threat was immediate and that you didn’t keep the weapon longer than necessary.
Logan focuses on “The Narrative of Access.” He uses forensic evidence, such as DNA and fingerprints, to show that while you may have been in the same room as a gun, you never touched or exercised control over it. By creating reasonable doubt about your “dominion” over the weapon, he forces the prosecution to drop the charges.
While PC 29800 is a straight felony, we often negotiate for a “Wobbler” reduction to a lesser, related offense (like PC 17b reduction of the underlying felony) or a plea to a different misdemeanor charge. Our goal is always to keep a new felony off your record to protect your housing and employment.
Even though parolees have diminished Fourth Amendment rights, police cannot conduct “arbitrary, capricious, or harassing” searches. If the search was conducted without a legitimate law enforcement purpose or exceeded the scope of the law, we may still be able to file a Motion to Suppress to have the evidence thrown out.
A felony conviction for PC 29800 can complicate future expungement (PC 1203.4) efforts. This is why we prioritize pre-filing intervention—the best way to protect your record is to prevent the felony from being filed in the first place.
Restoring rights is difficult but possible through a Governor’s Pardon or, in specific cases, by having the original underlying felony reduced to a misdemeanor under PC 17(b). Simply completing your sentence does not automatically restore your Second Amendment rights; it requires proactive legal action.
