Arrested for Possession of a Firearm by a Felon (PC 29800)? What You Need to Know

If you have a felony conviction on your record, California law places significant restrictions on your right to possess firearms. Under California Penal Code Section 29800 (PC 29800), commonly known as “felon in possession of a firearm,” individuals with felony convictions face serious criminal penalties for possessing or accessing firearms.

This prohibition applies regardless of when or where the felony conviction occurred, creating a lifelong restriction that many don’t fully understand until they’re facing charges.

What Exactly is PC 29800?

California Penal Code 29800 makes it illegal for anyone convicted of a felony to own, purchase, receive, or possess a firearm. The law states:

“Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country… is prohibited from owning, purchasing, receiving, or possessing a firearm.”

This seemingly straightforward law has several crucial elements that make it both broader and more serious than many people realize.

Who Does PC 29800 Apply To?

The firearms prohibition under PC 29800 applies to:

• Anyone convicted of any felony, regardless of how minor or how long ago
• Individuals convicted of specific misdemeanors involving violence or weapons
• Those addicted to narcotics
• Persons found mentally incompetent to stand trial
• Individuals placed under conservatorship due to mental disorders

For this blog post, we’ll focus primarily on felony convictions, which make up the majority of PC 29800 cases.

What Counts as a “Felony” Under PC 29800?

A critical point about PC 29800 is that any felony conviction can trigger the firearms prohibition. As mentioned in the transcript, the felony:

• Doesn’t need to be violent
• Doesn’t need to be related to weapons
• Doesn’t require prison time
• Could be decades old
• Could be from another state or federal court

This means even non-violent felonies such as fraud, drug possession, or theft qualify as prohibiting offenses. Many people mistakenly believe that only violent felonies trigger firearm restrictions, leading to unintentional violations of this law.

What Constitutes “Possession” Under PC 29800?

Another critical element of PC 29800 is understanding what counts as “possession” of a firearm. The law recognizes two types of possession:

1. Actual Possession

This means having direct physical control of a firearm, such as holding it, carrying it on your person, or having it in a bag or container you’re carrying.

2. Constructive Possession

This broader concept means having access to and control over a place where you know a firearm is located. Examples include:

• A gun in your nightstand
• A firearm in your vehicle
• A weapon in a storage unit you control
• A gun in your garage or shed

You don’t need to be the legal owner of the firearm to be charged under PC 29800. Simply having access and control is sufficient.

What Counts as a “Firearm” Under PC 29800?

As highlighted in the transcript, the definition of “firearm” under PC 29800 is remarkably broad. A firearm doesn’t need to be:

• Functional or operational
• Loaded with ammunition
• Fully assembled
• Modern or conventional

The law only requires that the item is “immediately available for offensive or defensive use,” meaning it could potentially be used as a weapon with minimal effort. This includes:

• Antique firearms
• Broken or damaged guns
• Partially assembled firearms
• Zip guns and homemade firearms
• Gun frames or receivers (even without other components)

This broad definition catches many people by surprise, particularly those who believe non-functioning firearms are exempt from the prohibition.

Penalties for Violating PC 29800

Possession of a firearm by a felon under PC 29800 is always charged as a felony in California. The potential consequences include:

• 16 months, 2 years, or 3 years in state prison
• A fine of up to $10,000
• Formal felony probation
• Loss of additional civil rights
• Enhanced penalties for future offenses

If the firearm is loaded or ammunition is readily available, you may face additional charges and penalties.

Common Scenarios Leading to PC 29800 Charges

Many PC 29800 cases arise from situations where people didn’t realize they were violating the law:

Inherited Firearms

A common scenario occurs when someone with a felony conviction inherits firearms from a relative. Even temporarily taking possession to distribute or sell these inherited weapons constitutes a violation.

Residence with Firearms

Living in a home where firearms are present, even if they belong to another resident, can constitute constructive possession if you have access to them.

Old or Collectible Guns

Some people mistakenly believe that antique, collectible, or non-functioning firearms are exempt from the prohibition. Under PC 29800, they are not.

Temporary Handling

Even temporarily holding a firearm, such as moving it for someone else or examining it at someone’s request, can result in charges.

“Forgotten” Felony Convictions

Some individuals with very old felony convictions may have forgotten their status or mistakenly believed their rights were automatically restored after a certain period.

Potential Defenses to PC 29800 Charges

If you’re facing charges under PC 29800, several legal defenses may be available:

1. You Didn’t Knowingly Possess the Firearm

The prosecution must prove you knowingly possessed the firearm. If you were unaware of its presence (for example, if someone left it in your car without your knowledge), this may be a valid defense.

2. The Firearm Wasn’t Readily Available for Use

If the firearm was completely disassembled beyond the point of being “readily available” for use, you may have a defense against the charges.

3. Momentary Possession for Legal Purpose

In very limited circumstances, momentary possession for the purpose of disposing of or destroying the firearm may provide a defense.

4. Your Felony Conviction Was Reduced or Expunged

If your prior felony was reduced to a misdemeanor or dismissed after completion of probation, you may have a defense depending on when and how this occurred.

5. Fourth Amendment Violations

If the firearm was discovered during an illegal search or seizure, your attorney might be able to suppress this evidence.

6. The Firearm Isn’t Actually a “Firearm” Under the Law

In some cases, the item may not meet the legal definition of a firearm under California law.

Restoring Your Gun Rights After a Felony

Many people wonder if they can ever regain their firearm rights after a felony conviction. Under California law, it is possible but challenging. Options include:

1. Governor’s Pardon

A full pardon from the California governor can restore your gun rights, but pardons are rarely granted.

2. Reducing Certain Felonies to Misdemeanors

Some felonies that qualify as “wobblers” (crimes that can be charged as either felonies or misdemeanors) can be reduced to misdemeanors, potentially restoring firearm rights.

3. Certificate of Rehabilitation

While this doesn’t automatically restore gun rights, it can be a step toward obtaining a pardon.

4. Federal Relief

Federal relief from firearms disabilities is theoretically possible but has been defunded and unavailable for decades.

These pathways are complex and have many exceptions and limitations. Consulting with an attorney experienced in firearms law and restoration of rights is essential before pursuing any of these options.

PC 29800 and Related Offenses

PC 29800 often appears alongside other related charges:

PC 30305 – Felon in Possession of Ammunition

This separate offense prohibits convicted felons from possessing ammunition, even without a firearm.

PC 25850 – Carrying a Loaded Firearm

This charge may be added if the firearm in your possession was loaded.

PC 25400 – Carrying a Concealed Weapon

If the firearm was concealed on your person or in a vehicle, this additional charge may apply.

Each of these related offenses carries its own penalties, potentially increasing your legal jeopardy.

When to Seek Legal Help for PC 29800 Charges

If you’re facing charges under PC 29800 for possession of a firearm by a felon, immediate legal representation is crucial. These cases often hinge on technical legal issues such as:

• The legality of the search that discovered the firearm
• Questions about actual or constructive possession
• The status of prior convictions
• Whether the item legally qualifies as a firearm

An experienced criminal defense attorney can evaluate these aspects of your case and develop the most effective defense strategy. At The Nieves Law Firm, we have extensive experience defending clients against weapons charges, including PC 29800 violations.

Protecting Your Rights and Future

PC 29800 charges are serious felony offenses that can result in years of imprisonment and substantial collateral consequences. If you’re facing such charges or believe you may be at risk due to a prior felony conviction, don’t wait to seek legal help.

Contact The Nieves Law Firm today for a confidential consultation about your case. Our experienced attorneys understand the complexities of California weapons laws and will work tirelessly to protect your rights and achieve the best possible outcome for your situation.

Remember, even if you believe the case against you is straightforward, there may be defenses or mitigating factors that only a skilled attorney can identify and leverage on your behalf.