Pc 29800

Understanding California’s Felon Gun Possession Laws

California has some of the strictest gun laws in the nation. One key law is Penal Code (PC) 29800, which prohibits convicted felons from owning or possessing firearms. This law aims to keep guns out of the hands of those deemed too dangerous to carry them.
But what exactly does PC 29800 entail? Let’s break it down.

The Basics of PC 29800

In a nutshell, PC 29800 makes it a felony for anyone previously convicted of a felony to own, purchase, receive, or have in their possession, custody, or control any firearm. This is a strict liability crime – all that matters is the status of the person as a felon. Their intent is irrelevant.
The law applies to all types of felonies – violent, drug-related, white collar, etc. The underlying felony conviction can be from California or any other state. The prohibition stands for life unless the conviction is reduced to a misdemeanor or expunged.

Key Details

Here are some key details about PC 29800:

• It covers all guns – handguns, rifles, shotguns, assault weapons, etc.
• Merely holding or touching a gun is enough to qualify as “possession.” Ownership is not required.
• “Firearms” also include disassembled parts that could make a functioning weapon.
• The crime is a felony itself punishable by 16 months, 2 years, or 3 years in state prison.
• There is no probation, fine, or alternative sentencing – state prison is mandatory.
• There are limited defenses (see below).

So in short – convicted felons must strictly avoid all guns and gun parts altogether.

Real World Cases

To understand how PC 29800 plays out in real cases, let’s look at some examples:

Ex-Felon Turns Over Illegal Gun

Tom is on probation for a past burglary conviction. While cleaning his home, he finds a pistol he acquired years earlier. Tom realizes he can’t legally own it anymore. So he immediately contacts his probation officer to turn in the weapon. He’s ultimately praised for taking responsibility. No charges are filed.

Gang Member Caught With Firearm

Nick is a known gang member with a prior conviction for assault with a deadly weapon. One night, police pull over a car Nick is riding in and spot a revolver tucked in his waistband. Nick claims the gun isn’t his. But he’s still arrested and later convicted under PC 29800. He gets a 3-year prison sentence due to his violent criminal history.

Woman Keeps Father’s Gun After His Death

Jane is convicted of check fraud in her early 20s. Over a decade later, Jane’s father passes away. While cleaning out his home, Jane finds her dad’s old handgun and decides to take it home for sentimental reasons. But when Jane later confides to a friend about the gun, word gets back to law enforcement. Jane is charged and pleads guilty to violating PC 29800. She receives a lenient 16-month sentence.

Common Defenses

Because PC 29800 is a strict liability offense, the number of defenses is limited. But some arguments that may defeat the charges include:
Momentary Possession. A defendant may claim they took temporary control of the firearm out of necessity or by accident and promptly acted to dispose of it. This is what happened in Tom’s case above.
Justifiable Possession. Defendants might similarly argue they briefly handled the weapon in self-defense or defense of others during an emergency.
Misidentified Weapon. Where the alleged “firearm” is actually an air gun, replica weapon, or something non-functioning, there may be no crime.
Invalid Prior Conviction. If the predicate felony cited has been overturned, reduced, or expunged, that destroys this charge’s foundation.
Still, these defenses are limited and beating PC 29800 charges is an uphill climb in most cases.

Enhancements & Related Crimes

If convicted under PC 29800, that brings additional consequences beyond the baseline sentence. For instance, gang members face a mandatory extra 3-year enhancement under California’s street gang enhancement law.
And any circumstances showing an intent to use the weapon unlawfully could trigger additional charges like:

• Carrying a loaded firearm in public
• Possession of an assault weapon
• Criminal threats

The accused may also face parole or probation revocation if they were out on supervision.

Getting Charged With PC 29800?

So for convicted felons in California, the smart move is avoiding firearms altogether. But if you do get arrested and charged with violating PC 29800, prompt legal help is key. An experienced criminal defense lawyer can evaluate any possible defenses and work to get charges reduced or dismissed. Reaching an alternative plea deal may also curb penalties.