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Effective

PC 29900:
Violent Offense Firearm Prohibition

Penalties

California Penal Code Section 29900[1] creates an enhanced firearms prohibition for persons convicted of specific violent crimes. While PC 29800 covers all felonies, PC 29900 targets a narrow set of particularly serious offenses and imposes consequences that are more difficult to reverse.

Enumerated Offenses

PC 29900(a)(1) prohibits firearm ownership, purchase, receipt, and possession by any person who has been convicted of any of the following offenses:

  • Murder or voluntary manslaughter (PC 187, 192(a))
  • Mayhem (PC 203)
  • Rape (PC 261)
  • Sodomy by force (PC 286(c))
  • Oral copulation by force (PC 287(c))
  • Kidnapping (PC 207, 209, 209.5)
  • Robbery (PC 211)
  • Carjacking (PC 215)
  • Assault with intent to commit a specified felony (PC 220)
  • Assault with a deadly weapon by an inmate (PC 4500, 4501)

Distinction from PC 29800

The critical difference between PC 29900 and the general felon prohibition in PC 29800 is that a PC 29900 prohibition is considered absolute. While PC 29800 convictions for wobbler offenses may potentially be reduced to misdemeanors under PC 17(b), restoring state firearms rights, the offenses listed in PC 29900 are all straight felonies. A person subject to PC 29900 is barred even if the conviction occurred in another jurisdiction, provided the offense would qualify as one of the enumerated crimes under California law.

Penalties

A person who violates PC 29900 is guilty of a felony and shall be punished by imprisonment in state prison[2]. Unlike most non-violent felonies that are served in county jail under PC 1170(h) following realignment, a PC 29900 conviction may qualify for state prison commitment because the underlying offenses are serious or violent felonies. Additionally, a PC 29900 conviction counts as a strike under the Three Strikes law (PC 667(e), 1170.12).

No Restoration Pathway

For most PC 29900 offenses, there is no statutory mechanism to restore firearm rights short of a governor's pardon expressly granting relief from the firearms prohibition. A certificate of rehabilitation, expungement, or completion of probation will not restore rights for persons subject to PC 29900.

Sources