CA Penal Code 29800 - Felon in Possession of a Firearm 

Under California Penal Code section 29800, it is illegal for anyone previously convicted of a felony, specific misdemeanor offenses, or who is a habitual drug user to own, possess, or have custody of a firearm. This law also applies to individuals convicted under federal law.

It's important to note that you don't need to physically possess the firearm, like holding it, to be convicted. California law only requires that you have access to or control over the firearm. 

According to Penal Code 29800, it is a crime for you to have access to a firearm. However, depending on the details of your access and the situation, your spouse may be allowed to keep the gun.

In such cases, it's wise to consult a California criminal defense lawyer to review the details carefully. 

Key Takeaways

  • Under PC 29800, it is illegal for anyone with a prior conviction for a felony, a misdemeanor involving a firearm restriction, or who is considered a habitual drug user, to own, possess, use, store, receive, sell, or have a firearm in their care or custody.
  • A felon is legally defined as someone convicted of a felony offense in any state, another country, or by any government.
  • You are also considered a felon if convicted under federal law, or if a similar offense under California law could lead to felony penalties. Additionally, if you were sentenced to over 30 days in a federal facility, fined more than $1,000, or both, you are classified as a felon.
  • Under the law, a "habitual drug user" refers to someone who has an addiction with a physical dependence on the drug.
  • In California, a firearm is any device intended for use as a weapon that can expel a projectile through the barrel using an explosion. This definition covers revolvers, pistols, rifles, and shotguns. It is crucial to note that whether the device was loaded at the time of the offense does not affect its classification as a firearm.
  • Misdemeanor convictions eligible for prosecution under 29800 PC include violations such as Penal Code Section 245 (assault with a deadly weapon), Section 417 (brandishing a weapon), and some California sex crimes.

What Must Be Proven for a Conviction?

To secure a conviction, the prosecutor must prove, beyond a reasonable doubt, specific elements of the crime. These elements consist of:

  • You have owned, bought, possessed, or received a firearm.
  • You were aware that you possessed a firearm.
  • You previously had a felony or misdemeanor conviction that prevented you from owning a firearm, or you were considered a habitual drug offender.

As mentioned earlier, you do not need to physically possess a firearm to be convicted under California Penal Code Section 29800. Simply having access to or control over a firearm can lead to a conviction. 

What Are the Legal Penalties?

Being convicted of a firearm felony as a felon carries severe legal consequences. A felon found in possession of a firearm commits a felony offense that cannot be downgraded to a misdemeanor.

Penalties may involve up to three years in county jail, a fine of up to $10,000, or both.

Additionally, you might have to forfeit the firearm. Non-legal immigrants face potential deportation if convicted.

What are the Possible Defenses? 

An experienced criminal defense lawyer at our law firm can use a variety of legal defenses on your behalf against charges of felon in possession of a firearm. The defenses include:

  • Lack of possession: You might prove you didn't legally possess the firearm. The prosecutor must show you had constructive possession—access or control. Each case is unique, but our lawyers may argue that there's insufficient evidence to prove constructive possession, thereby making you not guilty.
  • Lack of knowledge: Our attorneys may prove you didn't know about the firearm and shouldn't be guilty. For instance, if police stopped a car for a traffic violation and saw a firearm under the seat, we might argue you didn't know it was there.
  • Self-defense: Our lawyers might argue you were under immediate threat, and possession of the firearm was in self-defense. We must prove you reasonably believed you or others faced great bodily harm, and the firearm was reasonably necessary to defend yourself without prior planning.
  • Justifiable possession: Our lawyers may prove firearm possession was justified, such as taking the gun from a criminal and possessing it only long enough to notify police.
  • False allegation: We may argue wrongful arrest due to false accusations, sometimes resulting from anger, jealousy, or revenge, like when a client plants a firearm to appear in possession falsely.

If you or a family member has been charged with a felony in possession of a firearm, contact a Los Angeles criminal defense attorney at the Hedding Law Firm immediately. We will carefully review the details and circumstances of your case to create an effective defense strategy.

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