Penal Code 29820 PC | Possession of Firearms by Juvenile Wards

Possession of Firearms by Juvenile Wards – An Overview of California Penal Code 29820 PC

In California, Penal Code 29820 PC prohibits violent offenders or drug offenders who were adjudged wards of juvenile court from possessing a firearm until they turn 30 years old. This law can have serious consequences for young adults with a juvenile record, so it’s important to understand what it covers.

What Does California Penal Code 29820 Prohibit?

Penal Code 29820 prohibits anyone who meets both of these conditions from owning or possessing a firearm until age 30:

1. The person was alleged to have committed or was convicted of certain violent or drug offenses as a juvenile. This includes crimes like assault with a deadly weapon, shooting at an inhabited dwelling, and selling drugs.
2. The person was subsequently adjudged a ward of juvenile court for committing one of those offenses.

So in simple terms, if you committed certain violent or drug crimes as a minor and were declared a ward of the court, you cannot legally possess guns until age 30.

The law applies to all types of firearms – handguns, rifles, shotguns, etc. It doesn’t matter if the gun is inoperable or broken. Simply having possession or control of a firearm is illegal under PC 29820.

What Are the Penalties?

Violating Penal Code 29820 is a wobbler offense, meaning it can be charged as either a misdemeanor or felony.

If charged as a misdemeanor, the crime is punishable by up to 1 year in county jail and/or a fine of up to $1,000.

If charged as a felony, the offense carries a state prison sentence of 16 months, 2 years, or 3 years and/or a fine up to $1,000.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

In addition to jail time, the court will likely order forfeiture of the illegally possessed firearm.

How Does the Prosecutor Prove a Violation of PC 29820?

For a conviction under 29820 PC, the prosecution must prove the following elements beyond a reasonable doubt:

• The defendant possessed, owned, purchased, or had custody/control of a firearm, AND
• When the defendant possessed the firearm, they were under 30 years old, AND
• The defendant was previously adjudged a ward of juvenile court for committing a violent or drug offense listed in PC 29820(a).

The prosecution can use circumstantial evidence to prove possession – such as finding the gun in a car or room belonging to the defendant. But they must still prove the defendant knew about the firearm.

Legal Defenses to Challenge Penal Code 29820 Charges

Here are some examples of legal defenses that a California criminal defense lawyer may use to contest Penal Code 29820 charges:

• You didn’t knowingly possess the firearm – If the gun was found in your home or car but actually belonged to someone else, you can argue you didn’t have knowing possession.
• You reasonably believed you were over 30 – If you mistakenly but reasonably believed you were over 30 when you possessed the gun, you can argue you didn’t have criminal intent.
• You acquired the gun out of justifiable necessity – The law recognizes exceptions for possessing a firearm out of necessity – such as taking it from someone threatening harm.
• You were unlawfully searched – If the police found the gun through an illegal search, the evidence may be excluded.
• You were misidentified – Eyewitness misidentification is a common cause of false arrests.
• You were legally allowed to possess the gun – There are certain circumstances where juveniles can legally possess firearms, such as hunting or shooting competitions.

An experienced criminal defense attorney can evaluate the details of your case and decide the best defense strategy. Having skilled legal representation can make all the difference in the outcome.

Firearm Rights May Be Restored at Age 30

The firearm prohibition under Penal Code 29820 only lasts until age 30. On your 30th birthday, your right to purchase and possess firearms is restored under California law.

However, there are exceptions. If you were convicted of a felony as an adult or became prohibited for another reason, the prohibition continues past age 30. Getting your juvenile record sealed also does not restore your gun rights.

The restoration of rights at age 30 only applies to offenses covered by PC 29820. Speak to an attorney to understand how other convictions may impact your ability to own guns.

Speak to a Defense Lawyer Before Your Arraignment

Being charged with violating Penal Code 29820 can have devastating effects on your future if convicted. In addition to jail time, a criminal record makes finding a job and housing much more difficult.

The best defense is to consult with an attorney immediately if you are under investigation or have been arrested for unlawful possession of a firearm. An attorney can often intervene early in the case and try to get charges reduced or dismissed before you ever step foot in court.

Don’t wait until after you are charged – by then, it may be too late to avoid prosecution. Assert your rights and fight the charges with experienced legal help on your side.