Felon in Possession of a Firearm DefenseCalifornia Penal Code § 29800
Free Consultation.Felon in Possession of a Firearm — PC 29800
California Penal Code § 29800 makes it a felony for anyone who has been convicted of a felony — or certain misdemeanors — to own, purchase, receive, or possess a firearm. This charge is sometimes called "felon in possession" or "ex-felon with a firearm." It is one of the most commonly charged firearm offenses in California, and a conviction carries up to 3 years in state prison.
Who Is Prohibited from Possessing Firearms?
In California, you are prohibited from possessing firearms if you have been convicted of any felony offense, convicted of certain misdemeanors including domestic violence, subject to a domestic violence restraining order, found to be a danger to yourself or others due to mental illness, addicted to narcotics, or under age 21 for handguns. Federal law imposes additional restrictions that apply nationwide regardless of state law.
Constructive vs. Actual Possession
The prosecution does not need to prove you physically had the firearm on your person. "Constructive possession" exists when the firearm was in a location you controlled — your home, car, or belongings — even if you were not present when it was found. This frequently arises when a prohibited person lives with someone who legally owns firearms. Our attorneys challenge whether the prosecution can prove you knew about and had control over the firearm.
Defenses to PC 29800 Charges
Effective defenses include challenging whether the search that discovered the firearm was constitutional, arguing you did not know the firearm was present, contesting whether you actually had possession or control, and challenging the validity of the prior conviction that triggers the prohibition. In some cases, a prior conviction can be challenged or reduced to restore gun rights.
Restoring Gun Rights in California
In some cases, gun rights can be restored through expungement, reduction of a felony to a misdemeanor under PC 17(b), or a Governor's pardon. Our attorneys evaluate your eligibility for these forms of relief and pursue restoration of your rights aggressively.
Contact Virtuoso Law
Call (833) 666-5245 for a free consultation. We defend firearm charges throughout the Bay Area and Central Valley — available 24/7.