Felon in Possession of a Firearm California PC 29800

California Penal Code § 29800 makes it a felony for any person with a prior felony conviction — or certain specific misdemeanor convictions — to own, purchase, receive, or possess a firearm. Because it is a straight felony, a conviction carries a mandatory lifetime firearm ban and up to 3 years in state prison. Penalties increase significantly if a Three Strikes prior or a drug enhancement is involved. Cases involving Inland Empire residents are prosecuted by the San Bernardino County or Riverside County District Attorney's office and heard at the Rancho Cucamonga courthouse, the San Bernardino courthouse, or the Riverside courthouse depending on where the arrest occurred. Kirk Tarman has defended firearm charges at these courthouses for more than 25 years. If you or a family member has been arrested for a firearms violation, do not speak to law enforcement without counsel. Call (909) 658-7341 — available 24/7 for a confidential consultation.

What Is California Penal Code 29800?

Commonly referred to as the "Felon in Possession of a Firearm" law, Penal Code § 29800 creates a permanent firearm prohibition for specific categories of individuals. Under California law, you are a "prohibited person" if you have:

• A prior felony conviction from any state or federal jurisdiction
• An outstanding felony warrant
• A legal classification as a narcotic drug addict
• Specific misdemeanor convictions — such as domestic violence under PC 273.5 or assault with a deadly weapon under PC 245 — which trigger a 10-year or lifetime ban depending on the offense

Many people mistakenly believe they must be caught physically holding a gun to face charges. California prosecutors routinely file these charges based on proximity and control — not just physical contact.

Elements of the Crime: What the Prosecution Must Prove

To secure a conviction under PC 29800, the District Attorney must prove three elements beyond a reasonable doubt:

Prior Status: You were previously convicted of a felony (or met another prohibited condition).

Possession or Control: You knowingly owned, purchased, received, or possessed a firearm.

Knowledge: You knew of the object's presence and knew that it was, in fact, a firearm.

Actual vs. Constructive Possession

Because "possession" is rarely clear-cut, it is the most heavily litigated issue in California weapon cases. The law recognizes two distinct types:

Actual Possession

The firearm is physically on your person or in your immediate direct physical control. Examples include carrying a handgun concealed in your waistband, holding a rifle while at a range, or carrying a firearm inside a backpack you are actively wearing.

Constructive Possession

The firearm is not on your body, but it is found in a location over which you exercise dominant control or access. Examples include a gun found in your bedroom closet, the glovebox or trunk of a vehicle registered to you, or a locked safe to which you hold the key or combination.

Shared Spaces: Can You Be Charged If the Gun Belongs to Someone Else?

Yes — and this is where innocent people frequently get caught up. California allows for joint possession, meaning multiple people can be charged for the same firearm if they all have access to it.

Common high-risk situations include shared family residences, roommates living together, or borrowing a vehicle where a weapon is hidden under the seat. However, mere proximity is not enough. The prosecution must prove you actually knew the gun was there and had the right to control it.

What Qualifies as a "Firearm" Under PC 29800?

The legal definition under California jury instructions (CALCRIM 2510) is broad: any device designed to be used as a weapon from which a projectile is expelled through a barrel by the force of an explosion or combustion.

• Handguns, revolvers, shotguns, and hunting rifles all qualify
• Unfinished frames, receivers, and precursor parts (often associated with "ghost guns") are subject to strict tracking laws under recent updates
• Unloaded or inoperable firearms still count — a gun does not need to be loaded or functioning to trigger PC 29800, provided it was originally designed to shoot

Penalties and Sentencing Under PC 29800

A violation of Penal Code § 29800 is a straight felony in California — it cannot be reduced to a misdemeanor by a judge at sentencing.

Major Sentencing Enhancements

Drug possession while armed (Proposition 36 / fentanyl enhancement): If you are accused of being a prohibited person in possession of a firearm while also possessing or trafficking dangerous narcotics — specifically fentanyl, methamphetamine, or cocaine — you face severe mandatory consecutive prison time under current sentencing guidelines.

Three Strikes Law: If you have a prior "strike" conviction on your record (such as robbery, commercial burglary, or assault), a PC 29800 felony conviction will automatically double your prison exposure and limit eligibility for alternative sentencing or probation.

Gang Enhancement (PC 186.22): If the District Attorney alleges the weapon was carried for the benefit of a criminal street gang, an additional 2 to 10 years can be added to the base sentence.

Legal Defenses Against PC 29800 Charges

A strong defense focuses on breaking the prosecution's evidentiary chain. Common defenses include:

1. Lack of Knowledge or Possession

If a weapon was hidden inside a shared apartment or a borrowed vehicle, the defense can argue you had no knowledge of its existence. Without proof of knowledge, there is no crime under PC 29800.

2. Illegal Search and Seizure — Fourth Amendment Violations

Many firearm arrests begin with a routine traffic stop on the I-210, I-10, or I-15 corridors through the Inland Empire. If police searched your vehicle, home, or person without probable cause, a valid warrant, or a lawful exception, a Motion to Suppress Evidence under Penal Code § 1538.5 can be filed. If the court grants the motion, the gun evidence is excluded — often forcing the District Attorney to dismiss the case entirely.

3. Momentary or Transitory Possession

Under California law, it is a valid defense if you only possessed the firearm for a brief moment for the sole purpose of disposing of it or turning it over to law enforcement, without intending to exercise ongoing control.

4. Justifiable Self-Defense / Temporary Necessity

If you took a firearm away from an active attacker to protect yourself or others from imminent death or great bodily injury, and held it no longer than necessary, that possession may be legally justified.

Can a Felon Ever Restore Their Firearm Rights?

Waiting does not help — a felony firearm ban in California is lifelong by default. However, legal pathways do exist depending on the underlying conviction:

Wobbler Reduction (PC 17b): If the original underlying felony was a "wobbler" — a crime that could have been charged as either a misdemeanor or felony — your attorney can petition to retroactively reduce that conviction to a misdemeanor. If granted, your firearm rights may be restored under state law.

Certificate of Rehabilitation and Governor's Pardon: For straight felonies that cannot be reduced, you must complete your sentence, maintain a clean record, demonstrate rehabilitation, and secure a formal gubernatorial pardon to lift the firearm restriction.

What Happens After a Firearm Arrest in San Bernardino County?

Step 1 — Arrest and Booking (Within 48 Hours)

You are taken into custody by local agencies — such as the Ontario Police Department, Fontana Police Department, Riverside Police Department, or San Bernardino County Sheriff — and typically held at a county facility such as the West Valley Detention Center. Bail is set according to the county bail schedule.

Step 2 — The Filing Decision (Pre-Arraignment)

The arresting agency submits reports to the District Attorney's office. Early intervention by a defense attorney during this window can influence the DA to reject the case or file lesser charges before you ever appear in court. This is one of the most important stages — and one of the most overlooked.

Step 3 — Arraignment (First Court Appearance)

You appear before a judge at the Rancho Cucamonga, San Bernardino, or Riverside courthouse, formally hear the charges, enter a plea of not guilty, and your attorney addresses bail modifications or requests own recognizance release.

Step 4 — Discovery and Pre-Trial Motions (Numerous Court Appearances)

Your defense team demands all police body camera footage, forensic reports, and records. Constitutional motions challenging the legality of the search or traffic stop are filed during this phase.

Step 5 — Resolution or Jury Trial

The case resolves either through negotiated disposition — such as securing probation, a reduced charge, or a non-weapons charge — or by presenting your defense before a local jury.

Frequently Asked Questions

Can a felon live in a home where someone else owns a gun?

Legally yes, but it carries serious risk. The gun owner must keep the firearm in a locked safe to which you have no key, combination, or biometric access. If the weapon is accessible in a shared space, the District Attorney can charge you with constructive possession.

Is an unloaded gun treated differently under PC 29800?

No. An unloaded firearm carries the same felony penalties as a loaded one under California law.

Can a felony gun charge be dismissed?

Yes. Cases are regularly resolved through suppression motions when police conducted an unconstitutional search, or when the evidence fails to connect the defendant to the weapon beyond a reasonable doubt.

Does PC 29800 apply to BB guns or pellet guns?

Generally no — BB guns and pellet guns do not meet California's definition of a firearm under PC 29800 because they do not use explosive force. However, other statutes may apply depending on the circumstances.

What if the felony on my record was from another state?

Out-of-state felony convictions count under PC 29800. Any conviction that would have been a felony under California law triggers the prohibition, regardless of which state it occurred in.

PC 29800 Defense in San Bernardino County

The Law Offices of Kirk Tarman & Associates has defended individuals facing weapons and felony charges throughout the Inland Empire and Southern California for more than 25 years. The firm regularly appears at:

• San Bernardino County — Rancho Cucamonga courthouse, San Bernardino courthouse, and Victorville courthouse (High Desert)
• Riverside County — Riverside courthouse and the Southwest Justice Center in Murrieta
• Los Angeles and Orange Counties  — Pomona Courthouse, El Monte Courthouse, West Covina Courthouse and Fullerton Courthouse

Kirk Tarman's approach goes beyond waiting for a court date. Every case begins with a thorough review of the police report, the search and seizure circumstances, the chain of custody for the firearm, and any prior record issues that affect sentencing exposure.