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the penalties can be up to a year in County Jail or up to three years in State Prison the person has a prior strike conviction the penalty can be up to six years in state prison for which they serve 80 percent when itamp;#39;s a misdemeanor when youamp;#39;re up to one York County jail or a felony up to three years in the state of prison those are all served at fifty percent now um the the the penalties that apply to a first time itamp;#39;s not just a itamp;#39;s not a a straight a category of first time or repeat offender thereamp;#39;s other factors that apply for example you can have a first time uh conviction for gun possession but that doesnamp;#39;t necessarily mean itamp;#39;s the personamp;#39;s first felony conviction if thereamp;#39;s a felony for uh some sort of fraud that never involved violence or gun possession that person says a felony on their record they can be charged as being a felon in possession of a firearm um that is up to three years in prison