WEAPONS LAW — CALIFORNIA
Felon in Possession of a Firearm in California — PC §29800
A felon who possesses, owns, or controls any firearm in California commits a felony under PC §29800 carrying 16 months to 3 years in state prison. The prohibition is lifetime and applies to all firearms.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney
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Quick Reference
Felon in Possession of Firearm California — At a Glance
- Law / Code
- PC §29800
- Classification
- Felony
- Maximum Penalty
- 16 months, 2, or 3 years state prison
- Probation Eligible
- Yes in some cases
- Strike Offense
- No
- Related Codes
- PC §29800PC §2980518 U.S.C. §922(g)PC §25400
What Is Felon in Possession of Firearm California Under California Law?
Legal Framework. Penal Code section 29800, subdivision (a)(1), generally prohibits a person convicted of a felony under California law, another state’s law, federal law, or military law from owning, purchasing, receiving, or possessing a firearm. The statute also applies to people convicted of specified violent or firearm-related misdemeanor offenses listed in PC §29800(a)(1), and to persons addicted to narcotics under PC §29800(a)(2). The prosecution must prove the person fell within a prohibited class and knowingly possessed, owned, received, or purchased a firearm. Possession may be actual—such as carrying a gun—or constructive, meaning the person knowingly exercised control or had the right to control it, alone or with another person. A person need not own the firearm, and the gun need not be loaded or operable to support a charge under PC §29800.
The Prosecution's Burden. A violation of PC §29800 is a felony, not a wobbler. Under PC §29800(a)(1), the ordinary sentencing triad is 16 months, two years, or three years in county jail under Penal Code section 1170, subdivision (h), unless an exception requires state prison. The charge may carry a longer term when special provisions apply, including prior convictions that qualify under PC §29800(c) or other sentencing laws. A firearm-possession count can also be accompanied by allegations or separate offenses involving ammunition, carrying a concealed firearm, possession of an assault weapon, or use of a gun in another alleged crime. The court ordinarily orders forfeiture and destruction or other lawful disposition of the firearm under PC §29800(b), subject to statutory procedures and any third-party ownership claim.
Potential Consequences. PC §29800 is commonly called felon in possession, but its reach is broader than a gun found on a person. Los Angeles police or LASD deputies often file cases after a traffic stop, probation or parole search, a domestic-violence call, a search warrant, or a firearm discovered in a residence or vehicle. Prosecutors may alternatively or additionally charge PC §29805, which bars firearm possession for ten years after certain misdemeanor convictions, or PC §29815, which imposes a ten-year prohibition after specified juvenile adjudications. Possession of ammunition is separately prohibited for a person barred from firearm possession by PC §30305. The central factual issue is frequently whether the accused knew of the firearm and exercised control over it, particularly where the gun was found in a shared home, borrowed vehicle, or area accessible to several people.
05 — Defense Strategies
How Rubin Law Defends Felon in Possession of Firearm California Charges
Rubin Law, P.C. attacks the elements of PC §29800 and drives outcomes that avoid conviction where possible.
Challenge Knowing Possession and Control
PC §29800 does not impose liability merely because a firearm was nearby. The prosecution must establish that the accused knowingly possessed, owned, received, or purchased it. In shared residences, vehicles, garages, and storage areas, access alone does not necessarily prove dominion and control. The defense examines who owned the gun, who had keys or exclusive access, where it was stored, whether fingerprints, DNA, messages, or admissions connect the accused to it, and whether others had equal access. Evidence that the firearm belonged to another person, was concealed without the accused’s knowledge, or was outside the accused’s control can create reasonable doubt on a required element.
U.S. Const. amend. IV
Attack the Search and Seizure
The firearm may be excluded if police obtained it through an unconstitutional detention, search, or seizure. A Penal Code section 1538.5 motion can challenge an unlawful traffic stop, a patdown unsupported by reasonable suspicion that a person was armed and dangerous, a vehicle search lacking a warrant exception, or a residential search exceeding the warrant or consent given. In Los Angeles County, the factual record may include body-worn camera footage, patrol-car video, dispatch logs, search-warrant materials, and officer reports. If the court suppresses the gun and statements derived from the unlawful search, the prosecution may be unable to prove the possession count.
17 CCR §1219.3
Dispute Prohibited-Person Status
A conviction record must actually place the defendant within PC §29800’s prohibited class at the time of the alleged possession. The defense reviews certified court records, the exact statute of conviction, disposition documents, and the date of the alleged firearm possession. This is particularly important with out-of-state, federal, military, juvenile, or old California cases, where a label such as “felony” may not resolve the issue under California law. A charge can also be affected by a qualifying reduction, dismissal, pardon, restoration process, or a mistaken criminal-history match. The prosecution bears the burden to prove the prior conviction or other disabling status beyond a reasonable doubt.
NHTSA SFST
Establish Temporary Innocent Possession
California recognizes a narrow defense where a prohibited person briefly takes possession of a firearm solely to prevent immediate harm and disposes of it as promptly as reasonably possible. This is not a defense for keeping a gun for protection, moving it for convenience, or holding it until a later date. But it can apply when someone disarms another person, unexpectedly finds a weapon in a dangerous setting, or handles it momentarily to surrender it or place it beyond immediate danger. The defense focuses on the emergency, the absence of criminal purpose, the short duration of possession, and prompt efforts to contact law enforcement or otherwise safely relinquish the firearm.
VC §23152
Challenge Constructive Possession in a Vehicle
When a firearm is found in a car, truck, or motorcycle, the registered owner or driver is not automatically guilty under PC §29800. The prosecution must still prove knowledge and control. A gun under a passenger seat, in a center console used by multiple people, in a locked container belonging to a passenger, or in a recently borrowed vehicle may not be attributable to the defendant. The defense investigates vehicle ownership, rental or borrowing records, passenger statements, access to compartments, the gun’s location and condition, and forensic evidence. These facts may support a jury instruction and argument that proximity is not proof of knowing possession.
17 CCR §1219.1
Seek Charge Resolution and Sentencing Mitigation
When the evidence supports some form of possession, the defense can still pursue a resolution that accurately reflects the conduct and limits collateral harm. Relevant mitigation includes the absence of ammunition, no evidence of threats or use, lawful ownership by another household member, a brief and noncriminal possession, cooperation, employment, treatment, and the age and nature of the prior conviction. Depending on the facts and criminal history, counsel may seek dismissal or reduction of related counts, a stipulated county-jail term rather than a more severe sentencing position, or other negotiated terms. Formal diversion is generally not available for a PC §29800 felony, so early factual development and mitigation are important.
VC §23103.5
Constitutional Sources: Fourth Amendment — U.S. Constitution
Questions
Frequently Asked — Felon in Possession of Firearm California
What are the penalties for felon in possession of a firearm in California?
A violation of Penal Code section 29800 is a felony. The usual sentencing triad is 16 months, two years, or three years under PC §29800(a)(1), ordinarily served in county jail pursuant to PC §1170(h) unless a statutory exception requires state prison. The sentence can be more serious if the case includes other charges, such as unlawful possession of ammunition under PC §30305, carrying a concealed firearm under PC §25400, possession of an assault weapon, or an alleged firearm use in another offense. A prior record, the circumstances of possession, probation or parole status, and the firearm’s connection to other conduct can materially affect the disposition. The firearm is also subject to forfeiture under PC §29800(b).
Do prosecutors have to prove that I owned the gun?
No. PC §29800 prohibits owning, purchasing, receiving, and possessing a firearm. The prosecution therefore does not need to prove title, registration, or legal ownership. It may instead try to prove actual possession, such as a gun carried on the person, or constructive possession, meaning the person knowingly had control or the right to control it. Constructive-possession cases are often disputed when a gun is found in a shared apartment, family home, borrowed vehicle, or area used by multiple people. Mere presence near a firearm is not the same as knowing possession. The government must prove beyond a reasonable doubt that the accused knew the firearm was there and had the requisite control over it.
Does an unloaded or broken firearm still count under PC 29800?
Usually, yes. PC §29800 applies to a “firearm,” defined in PC §16520 as a device designed to be used as a weapon from which a projectile is expelled through a barrel by force of an explosion or other combustion. The gun need not be loaded, and the prosecution generally need not show the defendant had ammunition. A temporarily inoperable firearm can still qualify if it remains a firearm within the statutory definition; factual questions may arise where an object is permanently altered, incomplete, or incapable of being readily restored. Possession of ammunition is separately prohibited for barred persons under PC §30305, but ammunition is not required to prove firearm possession under PC §29800.
Can I possess a gun in my home if it belongs to my spouse or roommate?
Not if you knowingly possess or control it. A prohibited person may not keep a firearm in a home merely because another household member is the lawful owner. If the gun is accessible to the prohibited person or the facts show shared control, prosecutors may allege constructive possession under PC §29800. A lawful gun owner in the household should seek individualized legal advice about secure storage and avoiding any arrangement that gives the prohibited person access, control, or authority over the firearm. At the same time, the presence of another person’s gun in a shared home does not automatically prove the prohibited resident possessed it. Knowledge, access, control, storage practices, and ownership evidence matter.
Can a felony conviction be reduced or dismissed so I can legally possess a firearm again?
A Penal Code section 17(b) reduction may restore firearm rights only when the underlying offense was a wobbler and the court reduces it to a misdemeanor. It does not apply to an offense that was punishable only as a felony. A dismissal under PC §1203.4 generally does not restore firearm rights and does not erase the conviction for purposes of firearm prohibitions. California’s prohibition under PC §29800 is generally lifetime for a felony conviction, absent a legally effective form of relief such as a pardon or other restoration recognized by law. The interaction between state convictions, federal law, and out-of-state convictions can be complex. A record review should occur before anyone attempts to buy, receive, or possess a firearm.
What happens after an LAPD or LASD arrest for PC 29800 in Los Angeles County?
After an LAPD or LASD arrest, the person may be booked, cited in limited circumstances, or held for arraignment and bail review. The Los Angeles County District Attorney decides whether to file a felony complaint, often after reviewing reports, body-camera footage, criminal-history records, and firearm evidence. At arraignment in the appropriate Los Angeles County Superior Court courthouse, the court addresses the charges, counsel, bail or release conditions, and future dates. The defense can seek discovery, investigate ownership and possession issues, and challenge the search through a PC §1538.5 motion where appropriate. Prompt counsel can help preserve video and witness evidence; Rubin Law, P.C. can be reached at (213) 723-2337.
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