PC 29800:
Felon Firearm Prohibition

California Penal Code Section 29800^[1] is one of California's most significant prohibited-persons statutes. It imposes a lifetime ban on firearm ownership, purchase, receipt, and possession for any person convicted of a felony.

Scope of the Prohibition

Under PC 29800(a)(1), any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country is prohibited from owning, purchasing, receiving, or having in their possession or under their custody or control any firearm. The prohibition extends to:

• All types of firearms, including handguns, rifles, and shotguns
• Both direct and constructive possession
• Any felony conviction, regardless of the sentence imposed or whether probation was granted
• Out-of-state felony convictions that would constitute a felony in California

Penalties

A violation of PC 29800 is a felony punishable by imprisonment in county jail for 16 months, 2 years, or 3 years under PC 1170(h)^[2]. If the prior felony was a serious or violent felony as defined in PC 667.5 or 1192.7, the conviction may count as a strike under California's Three Strikes law.

Constructive Possession

California courts have consistently held that "possession" under PC 29800 includes constructive possession, meaning a felon who has access to or dominion and control over a firearm, even if it belongs to someone else in the household, can be charged. In People v. Sifuentes (2011), the court confirmed that a convicted felon who lives in a household where firearms are present may be found in constructive possession if the felon knew of the firearm's presence and had the ability to exercise control over it.

Restoration of Rights

California provides limited pathways to restore firearm rights for convicted felons. A felony conviction that is reduced to a misdemeanor under PC 17(b)^[3] (for wobbler offenses only) restores state firearms rights, though the federal prohibition under 18 USC 922(g)(1) may remain in effect. A governor's pardon that expressly restores the right to possess firearms is the most reliable path to full restoration. Certificates of rehabilitation under PC 4852.01 do not automatically restore firearm rights.