Can an individual be in possession of a firearm without being armed with a firearm?

An individual can be in possession of a firearm without being armed with a firearm and thus, a conviction for possession of a firearm by a felon, standing alone, is insufficient to disqualify an individual for resentencing relief under the Act. (People v. Blakely (2014) 225 Cal.App.4th 1042, 1048.) However, if the record establishes that a defendant convicted of possession of a firearm by a felon was armed with the firearm during the commission of that offense, the armed-with-a-firearm exclusion of the Act applies and the defendant is not entitled to resentencing relief thereunder. (People v. White (2014) 223 Cal.App.4th 512, 519.)

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