Possession of a Firearm by a Prohibited Person (PC 29800)

California takes gun possession laws very seriously. One of the most common and serious firearm charges is Penal Code § 29800, often called felon in possession of a firearm. People with felony convictions, certain misdemeanor convictions, or narcotics addictions are barred from owning or even having custody of a gun. A violation is always a felony and can lead to prison time and immigration consequences. Below we explain what the prosecution must prove, the potential penalties and defenses, and why retaining experienced counsel is essential.

Definition and Elements of PC 29800

Penal Code § 29800(a)(1) makes it a felony for a person who falls into one of three categories to own, purchase, receive or possess a firearm:

  1. Convicted felon or outstanding felony warrant. A “felon” includes anyone who has been convicted of a felony in any state or under federal law.
  2. Drug addiction. Persons who are emotionally and physically dependent on narcotics are treated as prohibited persons.
  3. Multiple prior gun‑related misdemeanors. Individuals with two or more convictions for brandishing a weapon or who have been convicted of certain violent firearm misdemeanors may also be barred.

To convict under PC 29800, prosecutors must prove beyond a reasonable doubt that:

  • You fall into a prohibited class (felon, narcotic addict or qualifying misdemeanor offender);
  • You owned, purchased, received or possessed a firearm (actual possession such as carrying the gun, or constructive possession such as storing it in a place you control); and
  • You knew of the gun’s presence.

Because knowledge and possession must be proven, the state cannot convict someone who genuinely had no idea a weapon was in a car or house.

Possession of ammunition by a prohibited person (PC 30305)

California also prohibits certain individuals from possessing ammunition. Penal Code § 30305(a)(1) applies to the same categories of people barred from owning guns—convicted felons, drug addicts, persons with multiple prior gun‑related misdemeanors, individuals with certain domestic‑violence convictions, minors under 18 and those diagnosed with certain mental illnesses. To secure a conviction the prosecution must prove:

  1. You owned, possessed or had custody of ammunition. “Ammunition” includes bullets, cartridges, magazines, clips, speed loaders and other projectiles capable of being fired from a firearm.
  2. You knew you possessed the ammunition.
  3. You were a prohibited person.

The law treats actual or constructive possession similarly: having ammunition in a pocket, glove compartment or house you control all count. A conviction can be a misdemeanor (up to one year in jail and $1,000 fine) or a felony (16 months, two years or three years in county jail and fines up to $10,000). Defenses include lack of knowledge, illegal search, or lawful possession for disposal. Because ammo and firearms cases often overlap, prosecutors sometimes charge both PC 29800 and PC 30305 when a felon is found with a weapon and bullets.

Penalties and Collateral Consequences

Felon‑with‑a‑firearm is always a felony. A conviction carries 16 months, two years or three years in county jail and fines. Unlike many California crimes, it is not a “wobbler”; the charge cannot later be reduced to a misdemeanor. In addition, a conviction often leads to:

  • Immigration removal. Federal law treats any firearm conviction as a deportable offense.
  • Probation conditions. Violent felons who unlawfully possess firearms may face mandatory minimum jail terms under Penal Code § 29900.
  • A lifetime firearm ban. Convicted felons do not automatically regain gun rights. Restoration usually requires a governor’s pardon or court order.

Defenses and Strategies

Because PC 29800 is a serious felony, you need a tailored strategy. Common defenses include:

  • Unconstitutional search or seizure. If police found the weapon during an unlawful traffic stop or search, the Fourth Amendment requires excluding that evidence. Without the firearm, the case may be dismissed.
  • Lack of knowledge. The prosecution must show you knew about the gun. If a weapon was hidden in a friend’s backpack or under a car seat without your knowledge, you cannot be guilty.
  • Momentary possession or justification. Temporary possession solely to dispose of or secure a firearm may be a defense. Evidence showing you handled the gun only to remove it from danger can persuade prosecutors or jurors.

Every case is fact‑specific. An experienced criminal defense firm like Radford & Rome, LLP will evaluate police reports and evidence, file suppression motions when appropriate and negotiate reductions or dismissals.

Several other California laws often accompany or overlap with a PC 29800 charge:

Assault with a deadly weapon (PC 245)

Using a firearm or other deadly weapon to attack another person is a separate felony under Penal Code § 245. Conviction requires proof that the defendant used force likely to produce great bodily injury while wielding a gun or other dangerous weapon.

Shooting at an inhabited dwelling or vehicle (PC 246)

Discharging a firearm at a residence, occupied car or aircraft is punished under Penal Code § 246 and can carry state‑prison sentences and strike enhancements.

Carrying a loaded firearm in public (PC 25850)

This statute makes it illegal to carry a loaded firearm on your person or in a vehicle in a public place without a concealed carry permit.

Possession of a firearm by a juvenile ward (PC 29820)

Minors who have been declared wards of the court based on certain offenses are prohibited from possessing firearms. Violations can lead to detention or new delinquency findings.

Violent felon with a firearm (PC 29900)

Violent felons convicted of unlawfully possessing a gun face enhanced punishment. Section 29900 requires at least six months of county jail as a condition of probation for violent felons who possess firearms.

Brandishing a weapon (PC 417)

Pointing or displaying a firearm in a rude or threatening manner can be charged separately under Penal Code § 417, even if no shot is fired.

Possession of an assault weapon (PC 30605)

Owning or possessing certain “assault weapons” or .50 BMG rifles is illegal under this statute. Violations can result in felony charges and state‑prison sentences.

Firearm use enhancement (PC 12022.53)

This enhancement adds 10, 20 or 25‑years‑to‑life to the sentence of certain felonies when the defendant personally uses, discharges or inflicts great bodily injury with a firearm during the underlying crime. Prosecutors frequently allege this enhancement in robbery, assault and homicide cases.

Expungement and Relief

Although PC 29800 is a felony, individuals who successfully complete probation may petition to expunge the conviction, provided they are not on probation for another offense and have no pending cases. Expungement relieves many collateral consequences, though it does not automatically restore firearm rights. A governor’s pardon or certificate of rehabilitation may be required to lift the lifelong gun ban, and even then may not be able to restore rights if federally precluded (as a result of DV charges, for example). Our attorneys can advise you on the process and likelihood of success.

Why Choose Radford & Rome, LLP?

A charge under PC 29800 or PC 30305 for possession of either firearms or ammunition by a prohibited person is nothing to take lightly. The prosecution must prove knowledge and possession beyond a reasonable doubt, and many cases turn on constitutional issues or the specific facts of possession. As former prosecutors, the attorneys at Radford & Rome, LLP have the courtroom experience and local relationships to negotiate dismissals, reductions or alternative sentences. We serve clients in Los Angeles, Orange County, Riverside, San Bernardino and throughout Southern California. If you are facing a felon‑with‑a‑firearm or ammunition‑possession charge, contact us for a confidential consultation and put our experience to work for you.