California Penal Code 29800 – Felon in Possession of a Firearm 

Overview 

California Penal Code 29800 PC—commonly referred to as the “felon with a firearm” law—makes it a felony for anyone with a prior felony conviction (or certain misdemeanor convictions) to possess, own, or have control of a firearm. 

These cases often turn on search and seizure issues, disputed possession, or unclear legal status. At Jones Trial Attorneys, we challenge illegal stops, protect your constitutional rights, and pursue every path toward dismissal or charge reduction. 

Legal Definition 

Penal Code § 29800(a)(1) states: 

“Any person who has been convicted of a felony… and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.” 

This statute also applies to: 

• Individuals with outstanding felony warrants 

• Those addicted to narcotics 

• Those convicted of certain violent misdemeanors (e.g., domestic violence) 

“Possession” can be actual (on your person) or constructive (in your vehicle, home, or belongings). 

Elements of the Crime 

To convict someone of PC 29800, the prosecution must prove: 

1. You owned, possessed, or had control over a firearm; 

2. You had a prior felony or qualifying misdemeanor conviction, or were otherwise prohibited; 

3. You knew of the firearm’s presence. 

The firearm does not need to be loaded, operational, or even used for the charge to apply. 

Penalties for Felon in Possession of a Firearm 

PC 29800 is a felony, punishable by: 

• 16 months, 2, or 3 years in state prison 

• Up to $10,000 in fines 

• Formal probation or parole 

• Lifetime ban on owning or possessing firearms 

Additional charges or enhancements may apply if: 

• The firearm was loaded 

• The gun was stolen or unregistered 

• The defendant was on probation, parole, or had a gang enhancement 

Defenses to PC 29800 Charges 

Our firm aggressively challenges these charges, often starting with the legality of how the firearm was discovered. Common defenses include: 

• Illegal search or seizure – Violation of your Fourth Amendment rights 

• Lack of possession or control – The gun wasn’t yours or wasn’t in your control 

• Unlawful stop – Especially in vehicle or probation searches 

• Restored rights – Your gun rights were legally reinstated (rare, but possible) 

• False accusation – Firearm was planted, shared, or claimed by another party 

If possession is weakly proven, we push for charge reductions or diversion alternatives. 

Immigration and Employment Consequences 

PC 29800 is considered a violent felony in some circumstances, and may result in: 

• Deportation or denial of legal status 

• Ineligibility for employment with security, government, or licensing boards 

• Loss of housing or public benefits eligibility 

We work to prevent felony convictions that create lasting damage beyond the courtroom. 

Related Offenses 

• PC 25400 – Carrying a Concealed Firearm 

Charged if the weapon was hidden on person or in a vehicle 

• PC 30305 – Possession of Ammunition by a Prohibited Person 

Can be added even without the firearm present 

• HS 11370.1 – Drugs + Firearm 

Enhancement if firearm and narcotics are found together 

How Jones Trial Attorneys Can Help 

Felon-in-possession cases are serious—but they’re also beatable when your rights are violated or the facts are unclear. 

We’ve successfully had charges dismissed through suppression motions, proven that our clients were unaware of the weapon, and negotiated reductions that avoid prison and restore futures. 

💼 Free consultations 

⚖️ Trial-tested representation 

📍 Local San Diego firm with deep courtroom experience 

Talk to a Gun Crimes Attorney Today 

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.