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
• Felony convictions, including convictions resulting in probation, subject to the limits on federal convictions in subdivision (c) and the exceptions for certain out-of-state convictions in subdivisions (d) and (e)
• Out-of-state felony convictions that would constitute a felony in California

Penalties

A violation of PC 29800 is a felony with a default state-prison term of 16 months, 2 years, or 3 years under PC 18(a), rather than a county-jail term under PC 1170(h)^[2]. Under PC 667(e)(1), one prior serious or violent felony conviction that has been pled and proved doubles the term otherwise provided for the current felony conviction.

Constructive Possession

Constructive possession requires knowing exercise of a right to control the firearm, directly or through another person. Possession may be shared, but mere proximity to a firearm, standing alone, is insufficient. In People v. Sifuentes (2011), the court explained that constructive possession requires knowingly exercising a right to control the firearm, directly or through another person. It reversed the firearm-possession conviction because there was no substantial evidence that Sifuentes had the right to control a gun found near another man in a motel room, even if Sifuentes knew the gun was there.

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) can affect state firearms rights. For the federal prohibition under 18 USC 922(g)(1), 18 USC 921(a)(20) looks to the law of the jurisdiction of conviction and excludes state offenses classified as misdemeanors and punishable by two years or less. A governor's pardon can restore firearm rights in limited cases if the conviction did not involve the use of a dangerous weapon, with federal approval. Certificates of rehabilitation under PC 4852.01 do not automatically restore firearm rights.