Felon in Possession of a Firearm – California Penal Code 29800(a)(1) PC

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Strong Legal Representation for PC 29800(a)(1) Felony Charges in California

If you have been charged with felon in possession of a firearm in Los Angeles you are facing a straight felony with no misdemeanor option and no way to plead down to an infraction. The charge carries 16 months to 3 years in California state prison and federal prosecutors in Los Angeles regularly file parallel charges under 18 U.S.C. 922(g) that add up to 10 more years in federal prison served after the state term is complete. When prior strike convictions are on your record the exposure compounds dramatically. These cases are built on the evidence gathered at the moment of the stop or search which is exactly why getting a criminal defense attorney involved immediately is the most important step you can take. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against felon in possession charges and serious firearms offenses throughout Los Angeles County. Call (310) 448-1529 or contact our office today for a free confidential consultation.

What Is Penal Code 29800(a)(1) in California?

Penal Code 29800(a)(1) makes it a felony for any person who is prohibited from possessing firearms under California law to own, purchase, receive, or have in their custody or control any firearm. In plain terms it is the charge filed when a prohibited person is found with a gun.

To secure a conviction the prosecution must prove three elements beyond a reasonable doubt:

  • The defendant is a prohibited person under California law
  • The defendant possessed a firearm — either actually on their person or constructively in a location they controlled
  • The defendant knew they possessed the firearm

Two forms of possession apply. Actual possession means the firearm was on the defendant’s body or in their immediate physical control. Constructive possession means the firearm was in a location the defendant controlled — their vehicle, their home, or a bag they owned — even if it was not on their person at the time. The firearm does not need to be loaded or even operable to support a charge under this statute.

Who Is Prohibited From Possessing a Firearm Under California Law?

This charge applies to a broader category of people than most defendants realize when first charged. A prior misdemeanor conviction the defendant did not know was disqualifying, a restraining order the defendant believed had expired, or a juvenile adjudication from years ago can all support a charge under this statute. Our criminal defense attorney examines the specific conviction or status being used to establish prohibited person status in every case because when that element fails the entire charge fails with it.

The statute covers all of the following categories of prohibited persons:

  • Convicted felons — any person convicted of a felony under California law or the law of any other state or the United States
  • People convicted of specific misdemeanor offenses including domestic violence misdemeanors under PC 273.5 and certain other qualifying misdemeanors
  • People with prior juvenile adjudications for serious or violent offenses that would be felonies if committed by an adult
  • Narcotic drug addicts — persons addicted to any narcotic drug
  • People subject to active domestic violence restraining orders that prohibit firearm possession
  • People with prior involuntary mental health commitments under Welfare and Institutions Code 5150 in certain circumstances

What Is the Sentence for PC 29800(a)(1) in California?

Base State Sentence

  • 16 months, 2 years, or 3 years in California state prison
  • Fines up to $10,000
  • Permanent loss of the right to own or possess any firearm under both California and federal law
  • Probation is possible in qualifying cases but prosecutors in Los Angeles regularly oppose it — particularly when the defendant has a prior violent felony or when the firearm was found loaded

Sentencing Enhancements That Increase the Term

  • Prior strike conviction under PC 667: the base sentence doubles — a 3-year term becomes 6 years
  • Two prior strike convictions: 25 years to life under California’s Three Strikes law
  • Gang enhancement under PC 186.22: additional consecutive years and in some cases conversion to an indeterminate life term
  • Firearm use in commission of another crime: additional enhancements under PC 12022.5 stacked on the base sentence

Federal Exposure

  • Federal felon in possession charge under 18 U.S.C. 922(g): up to 10 years in federal prison
  • Federal prosecutors can file 18 U.S.C. 922(g) alongside state PC 29800 charges for the same incident
  • Federal sentences carry no parole — defendants serve a minimum of 85 percent of the sentence imposed
  • If the defendant has three prior violent felony or serious drug convictions the Armed Career Criminal Act applies carrying a federal mandatory minimum of 15 years

Immigration

A felony conviction under PC 29800 triggers deportation proceedings for non-citizens regardless of how long they have lived in the United States. There is no exception for long-term legal residents. For any non-citizen client our criminal defense attorney treats immigration consequence analysis as an essential part of the defense from the first consultation.

Can I Face Federal Charges for the Same Firearm?

Yes. Federal prosecutors in the Central District of California regularly file charges under 18 U.S.C. 922(g) — the federal felon in possession statute — alongside state PC 29800 charges arising from the same incident. This is not double jeopardy because state and federal prosecutions are separate sovereign proceedings. A defendant can be convicted in both courts and serve consecutive sentences.

Federal sentencing under 18 U.S.C. 922(g) is harsher than state sentencing in most cases and there is no early release. Defendants serve at least 85 percent of the federal sentence after completing any state term. When both state and federal charges are filed the combined exposure can reach 13 years or more in custody before any enhancements are applied. Our criminal defense attorney handles PC 29800 defense at both the state and federal level and analyzes federal exposure from the first day of representation in every case.

Legal Defenses Against PC 29800(a)(1) Charges

Illegal Search and Seizure

The most powerful defense in most felon in possession cases. The firearm is the entire prosecution — without it there is no case. Most PC 29800 arrests begin with a traffic stop or a search of a home or vehicle. When that stop lacked reasonable suspicion, when the search lacked a valid warrant or proper probable cause, or when the search exceeded its authorized scope our criminal defense attorney files suppression motions immediately. California courts regularly suppress firearm evidence in felon in possession cases where the initial detention lacked constitutional justification. A successful suppression motion ends the case.

Lack of Knowledge the Firearm Was Present

The prosecution must prove the defendant knew the firearm was there. When the firearm belonged to someone else, was left in the vehicle by another occupant, or was in a location the defendant had no reason to know about the knowledge element cannot be established. This defense is most effective in vehicle cases involving multiple occupants and in residential cases where multiple people had access to the location where the firearm was found.

Constructive Possession vs Mere Proximity

Being near a firearm is not the same as possessing it. Constructive possession requires proof that the defendant exercised dominion and control over the firearm — not just that they were nearby. When multiple people had equal access to the location where the firearm was found and the prosecution cannot connect the specific firearm to the defendant’s control our criminal defense attorney challenges the possession element directly.

Defendant Was Not a Prohibited Person

Prior conviction records contain errors. Cases that were expunged, dismissed, or reduced to a non-qualifying offense may not support prohibited person status. Juvenile adjudications that do not qualify as adult felony equivalents under California law cannot be used to establish the prohibited person element. When the prior conviction or status being used to support the charge is legally defective the charge fails entirely regardless of the firearm evidence.

Frequently Asked Questions About PC 29800(a)(1) Charges

What is the sentence for PC 29800(a)(1) in California? The base sentence is 16 months, 2 years, or 3 years in state prison with fines up to $10,000. One prior strike doubles the base term. Two prior strikes triggers 25 years to life under the Three Strikes law. Federal charges under 18 U.S.C. 922(g) can add up to 10 more years in federal prison served consecutively after the state term is complete.

Is felon in possession of a firearm a felony in California? PC 29800(a)(1) is a straight felony with no misdemeanor option and no wobbler status. Every conviction results in a permanent felony record and the lifelong loss of firearm rights under both California and federal law.

Can a felon in possession charge be dismissed? A successful suppression motion challenging the legality of the stop or search is the most direct path to dismissal in most cases. When the firearm is suppressed the prosecution has nothing to proceed with. Charges are also dismissed when the defendant was not legally a prohibited person or when the prosecution cannot establish possession beyond a reasonable doubt.

What is the difference between actual and constructive possession? Actual possession means the firearm was on the defendant’s body or in their immediate physical control. Constructive possession means the firearm was in a location the defendant controlled such as a vehicle or home even when not physically on their person. Constructive possession is more frequently challenged because it requires proof of dominion and control over the specific location — being in the same car or house as a firearm is not enough on its own.

Can I be charged if I did not know the firearm was there? Knowledge is a required element. When the defendant genuinely did not know the firearm was present the prosecution cannot meet its burden and the charge should not stand. This defense applies most directly in vehicle cases with multiple occupants and in shared residences where several people had access to the same location.

Does a conviction affect my federal rights? A conviction results in a lifetime ban on firearm possession under federal law in addition to California law. The federal ban applies nationwide regardless of which state the conviction occurred in and federal law does not provide a restoration pathway for most felony convictions.

Contact a Los Angeles Defense Attorney

A felon in possession charge in Los Angeles is a straight felony with no misdemeanor option and the federal exposure that frequently accompanies it makes it one of the most serious firearms cases a person can face. With over 20 years of experience defending clients against felon in possession and serious firearms charges throughout Los Angeles County Attorney Hashemi will review the facts, analyze the legality of the search, and begin building your defense from day one. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing felon in possession and firearms charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.