Penal Code 29800 PC – Felon with a Firearm

Penal Code 29800 PC is the California law that makes it illegal for someone convicted of a felony to own or possess a firearm. This law is commonly referred to as “felon with a firearm” or “felon in possession of a firearm.”

Overview of the Law

Under Penal Code 29800 PC, it is a felony for anyone convicted of a felony to own, purchase, receive, or have possession or control of any firearm. Some key things to know about this law:

• It applies to prior felony convictions in California, other states, or under federal law. The conviction can be for any felony offense.
• You don’t need to actually be holding or touching a firearm to be guilty. Having access to or control over a firearm is enough.
• The law prohibits owning, purchasing, receiving, or possessing a firearm. So for example, if you have a prior felony and try to purchase a gun from a store, you would be violating PC 29800.
• The firearm does not need to be loaded or operable. Simply possessing an inoperable firearm is enough to be convicted.
• There are limited exceptions, such as if you need the firearm for your employment. But these exceptions are very narrow.

Penalties

A violation of Penal Code 29800 is a felony offense. If convicted, you face:

• Up to 3 years in county jail or state prison.
• Up to $10,000 in fines.
• Mandatory probation or parole supervision after release.
• A strike on your record under California’s Three Strikes law.
• Being prohibited from owning firearms for the rest of your life.

So this is a very serious offense with severe consequences. Even if you receive probation instead of jail time, you will still lose your right to own guns indefinitely.

Defenses

There are several legal defenses that a skilled criminal defense attorney can raise if you are wrongly accused of violating PC 29800:

• You did not knowingly possess the firearm: If you did not know there was a firearm present or under your control, you cannot be convicted. For example, if a friend left a gun in your car without your knowledge.
• Momentary possession: Brief, transitory possession of a firearm out of necessity is not criminal. For example, grabbing a gun from someone threatening you in self-defense.
• Justifiable possession: You may have justifiably possessed the firearm in limited circumstances, such as due to your employment.
• Lack of proof you’re a felon: The prosecution must prove your prior felony conviction beyond a reasonable doubt. If they cannot, you cannot be convicted.
• Illegal search and seizure: If the police find a firearm through an illegal search, an attorney can file a motion to suppress the evidence. This often leads to dismissal of the charges.

Restoring Gun Rights

If you are convicted of PC 29800, you will lose your right to own firearms for life under California law. However, there are limited options to restore your gun rights:

• Expungement: If your felony conviction is expunged, your firearms rights are restored. But expungement is only available for certain minor felonies.
• Governor’s pardon: The California governor can pardon your offense, which may restore gun rights if specified in the pardon. Pardons are very rare.
• Federal relief: You can apply to the ATF for relief from federal firearms prohibitions after a certain period of time. But California may still prohibit firearms.
• Certificate of rehabilitation: After 7-10 years, you may petition for a certificate of rehabilitation under Penal Code 4852. This does not restore gun rights but helps show you have been rehabilitated.

Related Offenses

There are other related gun laws that convicted felons often violate:

• PC 29900 – Possession of a firearm in violation of probation or parole conditions. Also a felony.
• PC 30605 – Possession of ammunition by a prohibited person. A misdemeanor.
• PC 33215 – Possession of a short-barreled rifle or shotgun. A felony or misdemeanor.

Federal Firearm Prohibitions

In addition to state law, federal law also prohibits felons from possessing firearms under 18 U.S.C. 922(g)(1). So a conviction under California’s PC 29800 will also expose you to federal prosecution. This could mean up to 10 years in federal prison.

Consequences of a Conviction

A felony conviction under PC 29800 can negatively impact your life in many ways beyond jail time. Some examples include:

• Employment issues: Many employers do background checks and will not hire felons. Certain careers may be off-limits, such as banking, real estate, health care, education, etc.
• Housing problems: Landlords often deny housing to felons. Difficulty finding stable housing.
• Immigration consequences: If you are not a U.S. citizen, a felony conviction under PC 29800 is a deportable offense. Could lead to removal from the country.
• Loss of civil rights: Felons lose the right to vote, hold public office, serve on a jury, or possess a firearm. Some rights can eventually be restored.
• Social stigma: There is a social stigma attached to being a felon. Could be ostracized from family or community.

FAQs

Here are some frequently asked questions about Penal Code 29800 PC and the prohibition on felons possessing firearms:Q: If my felony conviction was reduced to a misdemeanor under PC 17, can I legally possess a gun?A: No. Even if your conviction was reduced, you are still considered a felon for purposes of firearms prohibitions in PC 29800. You cannot legally possess a firearm.Q: How old does my prior felony conviction need to be to legally own a gun?A: There is no time limit. No matter how long ago your conviction was, you are prohibited from owning firearms for life under PC 29800. The only exception is if your conviction is expunged.Q: If I use someone else’s gun at a shooting range, am I violating PC 29800?A: Yes. As a felon, you cannot legally use or handle firearms under any circumstances. Doing so would violate the “possession” component of PC 29800.Q: Can I possess a firearm if it is an antique or replica that doesn’t actually shoot?A: No. Under PC 29800 it does not matter if the firearm is operable. If it was designed to shoot and looks like it could shoot, it counts as a prohibited firearm.Q: What if I was convicted of a felony in another state? Does PC 29800 still apply?A: Yes, absolutely. PC 29800 prohibits gun possession by anyone convicted of any felony, not just felonies in California. So an out-of-state felony still triggers the prohibition.

Speak with a Defense Lawyer

Being charged with being a felon in possession of a firearm is extremely serious with potentially life-changing consequences. The experienced criminal defense attorneys at [law firm name] can carefully examine the details of your case and build the strongest defense to have your charges reduced or dismissed.We understand these charges can seem overwhelming. But we are here to help you get through this difficult situation and move forward with your life. Call us today for a free consultation.