Felon in Possession of a Firearm in California

Penal Code 29800 PC – Defense Lawyer Guide

Being accused of felon in possession of a firearm under California Penal Code 29800 PC is an extremely serious matter. This offense is a felony that can result in state prison time, substantial fines, formal probation, and permanent loss of gun rights.

California has some of the strictest firearm laws in the nation. Under PC 29800, a person with a prior felony conviction—or certain qualifying misdemeanor convictions—may not own, possess, purchase, receive, or control a firearm, even temporarily.

Under California Penal Code 30305, it is illegal for certain prohibited individuals to possess ammunition.

If you are under investigation or have already been charged, early legal intervention is critical.

An experienced California criminal defense attorney can challenge the prosecution's evidence, protect your constitutional rights, and pursue reduced charges or dismissal where possible.

Eisner Gorin LLP is here to help. Schedule your consultation at (818) 781-1570 or contact us here.

What Is Penal Code 29800 PC?

California Penal Code 29800 makes it a felony for certain prohibited persons to possess a firearm. The statute applies if you:

Have any prior felony conviction (California, federal, out-of-state, or foreign)
Have two or more qualifying misdemeanor convictions, such as brandishing a weapon
Are addicted to a narcotic drug
Falls within other firearm-prohibited categories defined by California law

The law prohibits you from:

Owning a firearm
Purchasing a firearm
Receiving a firearm
Having a firearm in your possession, custody, or control

This includes loaded or unloaded firearms and applies regardless of whether the gun is legally owned by someone else.

What Counts as “Possession” of a Firearm?

Under California law, possession can be either:

Actual Possession

You physically have the firearm on your person (for example, in your waistband, backpack, or vehicle).

Constructive Possession

You have access to or control over a firearm, even if it is not on your body. Examples include:

A gun stored in a shared residence
A firearm located in your vehicle
A weapon kept in a place you can readily access

You do not need to own the gun to be charged. Simply having the ability to control or access it may be enough for prosecutors to file charges.

Who Is Considered a “Felon” Under PC 29800?

California defines “felon” broadly for firearm prohibitions. You may be barred from possessing a firearm if you:

Were convicted of a felony in any jurisdiction
Served time in federal custody
Were prosecuted as a juvenile tried as adults
Have a lifetime or 10-year firearm ban for certain misdemeanor convictions
Were convicted of narcotics-related offenses
Are currently on probation or parole for a disqualifying offense

Even convictions from decades ago can still trigger PC 29800 charges.

Penalties for Felon in Possession of a Firearm

A conviction under Penal Code 29800 carries severe consequences, including:

Up to 3 years in county jail or state prison
Fines up to $10,000
Formal felony probation
Lifetime prohibition on firearm ownership
Additional sentencing enhancements, depending on the facts

For non-citizens, a firearm conviction can result in immigration consequences, including deportation or inadmissibility.

Related Firearm and Weapons Charges

Felon-in-possession cases are often filed alongside or in connection with other serious offenses, including:

PC 25400 Carrying a concealed firearm
PC 25850 Carrying a loaded firearm in public
PC 417 Brandishing a weapon
PC 186.22 Gang-related firearm enhancements
Discharging a firearm
PC 26500 Selling firearms without a license
PC 247b Shooting at an inhabited dwelling or vehicle

Each additional charge can significantly increase potential prison exposure. Negligent discharge of a firearm is a criminal offense under California Penal Code § 246.3.

California Penal Code 16590 lists weapons that are generally prohibited under the law.

How Prosecutors Try to Prove PC 29800 Charges

To secure a conviction, prosecutors must prove beyond a reasonable doubt that:

You were legally prohibited from possessing a firearm
You knowingly possessed, controlled, or had access to a firearm
The item qualifies as a firearm under California law

Law enforcement often relies on:

Vehicle searches
Home searches
Traffic stops
Probation or parole searches
Statements made by the accused
Witness testimony

Many of these cases hinge on search-and-seizure issues and whether police lawfully discovered the firearm.

Common Defenses to Felon in Possession Charges

An experienced defense lawyer may be able to raise one or more of the following defenses:

Unlawful Search and Seizure

If police violated your Fourth Amendment rights, the firearm may be suppressed and excluded from evidence.

Lack of Possession or Control

The firearm may not have been in your custody or control, particularly in shared spaces or vehicles.

Lack of Knowledge

You may not have known the firearm was present or accessible.

Invalid Prior Conviction

Your prior conviction may not legally qualify as a prohibiting offense.

Temporary or Innocent Possession

In limited circumstances, possession may have been brief and not criminal in nature.

Each case is fact-specific and requires a detailed legal analysis.

Why Early Legal Representation Matters

Felon-in-possession cases often escalate quickly. Prosecutors aggressively pursue firearm offenses, especially when prior convictions are involved. Early representation allows your attorney to:

Intervene before formal charges are filed
Challenge illegal searches
Preserve exculpatory evidence
Negotiate with prosecutors
Pursue diversion or reduced charges where available

Speak With a California Firearm Defense Lawyer Today

If you are being investigated or charged under California Penal Code 29800, do not speak to law enforcement without legal counsel. The decisions you make early can determine the outcome of your case.

A skilled criminal defense attorney can protect your rights, challenge the prosecution's case, and work toward the best possible result—whether that means reduced charges, dismissal, or acquittal.

Contact Eisner Gorin LLP today for a confidential case evaluation.

Our Los Angeles-based defense team represents clients throughout California and across the United States in serious firearm and felony cases.

Felon with a Firearm