California Penal Code 29820 PC: Firearm Possession Following Juvenile Adjudication

Penal Code 29820 PC makes it illegal for individuals under 30 years old to own, purchase, receive, or possess a firearm if they were previously adjudicated as a ward of the juvenile court for specific serious or violent offenses committed before age 18.

Because juvenile records are often believed to be sealed or forgotten upon reaching adulthood, many individuals unknowingly violate PC 29820 and later face new misdemeanor or felony charges.

Quick Reference Summary: PC 29820

Key Topic	Details under California PC 29820
Primary Prohibition	Ban on firearm ownership/possession after specific juvenile adjudications
Age Limit	Applies until the individual reaches 30 years of age
Offense Type	"Wobbler" (Can be charged as a Misdemeanor or a Felony)
Misdemeanor Penalty	Up to 1 year in county jail and fines
Felony Penalty	16 months, 2 years, or 3 years in county jail/state prison
Common Defenses	Lack of possession/knowledge, non-qualifying offense, age over 30, unlawful search

Who Is Prohibited Under PC 29820?

The gun ban under Penal Code 29820 applies to individuals who were made wards of the juvenile court for committing offenses including:

Violent felonies (e.g., robbery, murder, carjacking)
Assault with a deadly weapon (PC 245)
Firearm-related offenses (e.g., brandishing, carrying loaded firearms)
Certain gang-related offenses (PC 186.22)
Select drug or arson offenses

Note: The firearm restriction under PC 29820 automatically remains in effect until the person reaches 30 years of age, regardless of whether they consider their juvenile record "closed."

Elements of the Crime: What Prosecutors Must Prove

To secure a conviction under PC 29820, the prosecution must prove three distinct elements beyond a reasonable doubt:

You owned, purchased, received, possessed, or controlled a firearm.
You had a qualifying juvenile court adjudication before turning 18.
You were under 30 years of age at the time you had the firearm.

Understanding Legal Possession

Under California law, possession is categorized into three types:

Actual Possession: You have direct physical control over the firearm (e.g., carrying a gun in your jacket pocket or backpack).
Constructive Possession: You do not physically hold the firearm, but you have the power and intent to control it (e.g., keeping a handgun inside your bedside drawer).
Joint Possession: Two or more people share control or access to the same firearm (e.g., a gun kept in the glove compartment of a shared vehicle).

Penalties and Immigration Consequences

California Penal Code 29820 PC is a "wobbler" offense, meaning prosecutors have the discretion to charge it as either a misdemeanor or a felony based on the facts and the defendant's criminal history.

Misdemeanor Charges: Up to 1 year in county jail and a maximum fine of $1,000.
Felony Charges: 16 months, 2 years, or 3 years in county jail under California's realignment program, alongside potential felony probation.

Immigration Consequences

A conviction under PC 29820 is considered a firearm offense under federal immigration law. Non-U.S. citizens may face severe consequences, including deportation, visa revocation, or inadmissibility for naturalization.

Practical Example of PC 29820

Example: At age 16, Marcus was adjudicated in juvenile court for armed robbery (a qualifying felony offense). At age 24, police conducted a lawful traffic stop on Marcus's vehicle and found a registered firearm under the driver's seat.

Even though Marcus purchased the firearm legally from an acquaintance and believed his juvenile record was sealed at age 18, he is under 30 years old and in constructive possession of a firearm. Marcus can be charged with a felony violation of Penal Code 29820 PC.

Common Defense Strategies

A skilled criminal defense attorney can utilize several defenses to fight a PC 29820 charge:

Lack of Possession or Knowledge: Proving you did not know the firearm was present or did not exercise control over it (e.g., a passenger's gun hidden in a friend's car).
Non-Qualifying Juvenile Offense: Demonstrating that the prior juvenile adjudication was not an offense specified under PC 29820.
Defendant Is 30 or Older: Verifying that the defendant was at least 30 years old at the exact time of the alleged possession.
Unlawful Search and Seizure: Filing a motion under Penal Code 1538.5 PC to suppress evidence if police obtained the firearm through an illegal search without a warrant or probable cause.

Related California Firearm Laws

Penal Code 29800 PC (Felon in Possession of a Firearm): Makes it a permanent felony for individuals convicted of adult felonies to possess firearms.
Penal Code 29805 PC (Firearm Ban for Misdemeanor Convictions): Restricts firearm rights for 10 years following specific misdemeanor convictions (e.g., domestic battery).
Penal Code 29610 PC (Minor in Possession of a Firearm): Prohibits minors under 18 from owning or possessing handguns or concealable weapons.
Penal Code 25400 PC (Carrying a Concealed Firearm): Criminalizes carrying a concealed firearm on your person or in a vehicle without a permit.
Penal Code 25850 PC (Carrying a Loaded Firearm in Public): Makes it illegal to carry a loaded firearm in a public place or inside a vehicle in public areas.
Penal Code 1538.5 PC (Motion to Suppress Evidence): Allows defendants to challenge evidence seized through illegal searches or seizures.

Frequently Asked Questions

How long does the firearm ban last under Penal Code 29820 PC?

The firearm restriction under PC 29820 lasts until the individual turns 30, after which it expires (unless other adult convictions apply).

Do juvenile court records affect adult gun ownership rights in California?

Yes, specific violent, serious, or firearm-related juvenile adjudications result in an automatic ban on firearm possession until age 30.

Is a violation of Penal Code 29820 charged as a felony or a misdemeanor?

PC 29820 is a "wobbler" offense that prosecutors can charge as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant's past criminal history.

Can firearm rights be restored before turning 30?

Restoration depends on the specific juvenile adjudication, whether records can be sealed, or if relief can be granted through juvenile court petitions; an experienced attorney must review the record.

What should you do if arrested for illegal firearm possession in California?

Exercise your constitutional right to remain silent, refrain from discussing your juvenile or adult record with law enforcement, refuse consent to unwarranted searches, and contact a criminal defense attorney immediately.

Can Penal Code 29820 charges be completely dismissed?

Yes, charges can be dismissed if law enforcement conducted an illegal search, if the prosecution cannot prove constructive or actual possession, or if the prior juvenile offense does not trigger the statutory restriction.

Professional Defense Consultation

Firearm restrictions tied to juvenile offenses are heavily technical and easily misunderstood. If you or a loved one are facing charges under California Penal Code 29820 PC, securing immediate legal representation is vital to protecting your rights and freedom.

Eisner Gorin LLP provides strategic criminal defense representation throughout Los Angeles and Southern California.

Phone: (818) 781-1570
Location: Los Angeles, CA
Action: Contact our office today to schedule your confidential consultation.

Juvenile Gun Possession