--- title: "PC 29800 - Felon in Possession of a Firearm" description: "PC 29800 felon in possession: who's prohibited, what possession actually means, penalties, and defenses like lack of knowledge or control." url: "https://www.thehfirm.com/penal-codes/pc-29800-felon-in-possession-of-a-firearm" site: "H Law Group" --- # PC 29800 - Felon in Possession of a Firearm PC 29800 felon in possession: who's prohibited, what possession actually means, penalties, and defenses like lack of knowledge or control. Topics: Gun Crimes, Penal Code Penal Code 29800 makes it a felony for a convicted felon, and several other categories of people, to own, purchase, receive, or possess a firearm. It doesn't matter whether the underlying felony was violent, whether it happened decades ago, or whether you've never been in trouble since. It also doesn't require that the gun was found on your body; prosecutors regularly file this charge based on a firearm found in a car, a shared home, or a bag that wasn't necessarily yours alone. ## **What Penal Code 29800 Actually Says** > "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, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony." (PC 29800(a)(1)) ## **Who Is Prohibited Under This Section** - Anyone convicted of any felony, under California law, federal law, or the law of any other state or country - Anyone convicted of specified offenses listed in Penal Code 23515(a), (b), or (d) - Anyone addicted to the use of a narcotic drug - Anyone with two or more prior convictions for brandishing a weapon under [Penal Code 417(a)(2)](/penal-codes/pc-417-brandishing-a-weapon-or-firearm) - Anyone with an outstanding arrest warrant for a listed offense who knows about the warrant ## **What Counts as Possession** Possession under PC 29800 can be actual, the firearm is on your body or within immediate reach, or constructive, meaning you knowingly had the right to control the firearm even if it wasn't in your physical possession, such as a gun locked in a safe in your bedroom or stored in a car you regularly drive. Possession can also be joint; more than one person can be criminally liable for the same firearm. What the prosecution has to prove is that you knew the firearm was present and that you had dominion and control over it, not merely that you were near it. ## **Penalties** PC 29800 is a straight felony with no misdemeanor option, punishable by 16 months, 2 years, or 3 years in county jail under California's realignment sentencing scheme (Penal Code 1170(h)), a fine of up to $10,000, or both. If the firearm was possessed during a separate offense, such as a domestic violence incident or a robbery, the 29800 charge is typically filed alongside that offense and can result in consecutive sentencing. ## **Common Defenses** - You didn't know the firearm was present, for example in a shared vehicle, apartment, or storage unit - You lacked dominion and control over the firearm; mere proximity to a gun isn't enough to convict - The stop, search, or seizure that led to discovery of the firearm violated your Fourth Amendment rights - Your prior conviction doesn't actually qualify as a predicate offense under the statute - Your firearm rights were restored through a governor's pardon that specifically restores firearm rights, or, for certain out-of-state nonviolent felonies, the conviction was vacated, dismissed, or pardoned ## **Does Expungement Restore My Gun Rights?** Generally, no. A dismissal under Penal Code 1203.4, often called an expungement, does not restore firearm rights for a California felony conviction. You remain a prohibited person under PC 29800 unless your rights were restored through one of the narrower paths described above, such as a gubernatorial pardon. ## **Related Firearm Offenses** PC 29800 is frequently charged alongside [PC 25400 (carrying a concealed firearm)](/penal-codes/pc-25400-carrying-a-concealed-firearm) or [PC 25850 (carrying a loaded firearm in public)](/penal-codes/pc-25850-carrying-a-loaded-firearm-in-public) when a prohibited person is caught carrying, since both carrying statutes treat prohibited-person status as a mandatory felony trigger. A domestic violence conviction under PC 273.5 also carries its own separate firearm prohibition, which can overlap with or run alongside a PC 29800 case. ## **Frequently Asked Questions** ### Does any felony conviction trigger PC 29800, or only violent ones? Any felony conviction triggers the prohibition, regardless of whether it was violent. The statute also covers specified misdemeanors under Penal Code 23515 and narcotics addiction. ### What if the gun wasn't mine and I didn't know it was there? Knowledge of the firearm's presence and dominion or control over it are both elements the prosecution has to prove. If you genuinely didn't know it was in the vehicle or space, that's a defense worth raising with an attorney who can evaluate the specific facts. ### Can my gun rights ever be restored after a felony conviction? The paths are narrow. A governor's pardon that specifically restores firearm rights is one option. For certain out-of-state nonviolent felonies, having the conviction vacated, dismissed, or pardoned can restore rights. A standard California expungement under Penal Code 1203.4 does not restore firearm rights on its own. ### Is PC 29800 a wobbler like the carrying statutes? No. Unlike PC 25400 and PC 25850, which can be charged as misdemeanors in some circumstances, PC 29800 is a straight felony with no misdemeanor filing option. ### Can I be charged with PC 29800 and a carrying offense for the same gun? Yes. PC 29800 punishes your status as a prohibited person possessing any firearm, while PC 25400 and PC 25850 punish how the firearm was carried. Prosecutors commonly file both when a prohibited person is found carrying a gun in public. For the full statutory text, see [Penal Code 29800 on the California Legislative Information website](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=29800.&lawCode=PEN). For state firearm prohibition categories, see the [California DOJ Bureau of Firearms](https://oag.ca.gov/firearms). ## Related California penal codes - [PC 25400 - Carrying a Concealed Firearm](https://www.thehfirm.com/penal-codes/pc-25400-carrying-a-concealed-firearm) - [PC 25850 - Carrying a Loaded Firearm in Public](https://www.thehfirm.com/penal-codes/pc-25850-carrying-a-loaded-firearm-in-public) - [PC 273.5 - Corporal injury to spouse or cohabitant](https://www.thehfirm.com/penal-codes/pc-273-5-corporal-injury-to-spouse-or-c) --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.