19 Jun 25
Unfortunately, a conviction for certain crimes carries long-term consequences beyond jail time and fines. In addition to affecting your employment opportunities and eligibility to acquire a practice license, a criminal conviction history could strip you of your gun rights, especially if the offense you have on your record is a felony.
A felony conviction typically results in the loss of rights to own, carry, or possess a firearm. When you have a conviction for a felony offense on your record, it will be a felony crime to purchase, buy, carry, possess, or receive a firearm. This can significantly impact individuals who rely on firearms for activities such as licensed hunting.
While the court imposes a lifetime ban on gun ownership, with the help of a skilled attorney, you could qualify to have your firearm rights restored through a gubernatorial pardon. If you are a felon or have a criminal record and are wondering whether you can own a gun, you are in the right place.
Felon With a Firearm Law Under Penal Code (PC) 29800
PC 29800 imposes a lifetime ban on firearm ownership or control by anyone convicted of a felony crime. Specifically, this statute makes it a felony crime to buy, own, possess, receive, control, or have a firearm in your custody if:
- You are a felon
- You are a drug addict
- You have two or more misdemeanor convictions for brandishing a weapon offense under PC 417(a)(2)
If your case reaches the trial phase of the criminal court process, the prosecution team must prove the following facts to secure a conviction against you under PC 29800:
- You either:
- Have a conviction for or an outstanding court warrant for a felony offense
- Have a drug use disorder (drug addict)
- Have two or more convictions for a PC 417(2)(a) violation (brandishing a weapon)
- Have a conviction for a PC 23515 violation (violent use of a firearm)
- You owned, possessed, received, or purchased a firearm
- You were aware of the gun’s presence
Here is a detailed overview of these facts, or “elements of the crime”:
A Felon
A felon is any person convicted of a felony criminal offense in any state, country, or government. Examples of these felony offenses include (but are not limited to) the following:
- Kidnapping
- Grand Theft Auto
- Attempted murder
- Murder
- Burglary
- Assault and battery
- Drug trafficking
- Home invasion robbery
- Assault with a deadly weapon
A conviction for any of these offenses will strip you of your gun rights. When you have a conviction or an active warrant for any of the above felony crimes, doing the following could attract charges under PC 29800:
- Buying a pistol
- Carrying a rifle in your vehicle trunk
- Receiving a shotgun from a friend
A Firearm
A firearm or gun is any object or device designed and intended to function as a weapon and can use combustion or explosion to shoot a projectile through its barrel. Even if it is not in operational condition or is unloaded, it is still a firearm in the eyes of the law. Generally speaking, firearms are referred to as guns and could include any of the following:
- Pistols
- Rifles
- Shotgun
- Tasers
- Revolvers
A Drug Addict
You could lose your gun rights if you have a drug use disorder or addiction. For the sake of this statute, you are a drug addict if you are physically or emotionally dependent on a drug substance or narcotics. You could also qualify as a drug addict if you have increased tolerance to the substance’s effects.
Possession of a Firearm
Having a gun in your possession does not automatically mean that you had it in your hand or bag. In the eyes of the law, possession could be actual or constructive. Actual possession of a firearm means you had physical and direct control. For example, when you carry a gun in your backpack, the prosecutor can argue you had actual possession of it.
On the other hand, having constructive possession of a gun means you had access to it or the legal right to control it. For example, if the police discovered a rifle in your apartment, the prosecutor can argue you had constructive possession of the firearm to secure a PC 29800 charge conviction against you.
Which Penalties Will a Felon Face After a Conviction Under PC 29800?
If you are a felon, a conviction under PC 29800 will attract felony penalties, including the following:
A Jail Term
Jail time is almost inevitable if you are guilty of a felony offense. After a conviction for a PC 29800 violation, you could face sixteen (16) months, two (2), or three (3) years of jail time.
A Fine
The fine you will pay for a felony PC 29800 charge conviction could be significant, amounting to up to $10,000.
Probation
With the legal assistance of your defense attorney, the judge could award you a felony probation instead of jail time after a PC 29800 violation conviction. Some of the conditions the court could require to adhere to include the following:
- Refrain from buying, owning, possessing, or carrying a firearm
- Perform community service
- Seek counseling services
- Submit to regular drug test requirements
- Agree to regular and impromptu searches by the police or a probation officer
- Agree to regular check-ins with a court-appointed probation officer
Failure to comply with these terms could lead to a re-arrest and detention in the state prison for the maximum period required for your offense.
Other Consequences of a PC 29800 Charge Conviction
Unfortunately, even after serving your jail term, a conviction record for a PC 29800 violation could follow you and impact the quality of your life. Below are examples of possible other detrimental consequences you could face in addition to the above legal penalties:
Challenges Securing Employment
A criminal record, particularly for a felony offense, could make it challenging to secure reliable employment, affecting your ability to earn an income to care for yourself and your loved ones.
Deportation and Being Marked Inadmissible
A conviction for any firearm-related offense, including a PC 29800 charge, could result in deportation to your home country and being marked inadmissible, meaning you cannot re-enter the country after deportation. Therefore, if you are a non-citizen, you should consult a skilled attorney immediately to determine whether it is possible to have your charge reduced to a non-deportable offense.
Challenges Securing Professional Licenses
Licensing agencies will consider your criminal record before accepting your license application. If you have a PC 29800 charge conviction, securing a professional license to pursue your career dreams could be challenging. That is particularly true if you are a medical practitioner, lawyer, or schoolteacher.
Challenges in Renting a House to Live
Your prospective landlord could consider your criminal record when determining whether you are eligible to live in his/her apartment. Finding reliable housing could be challenging if you have a criminal record for a PC 29800 charge.
Limited Access to Financial Aid
A felony PC 29800 violation conviction could make you ineligible for student loans or scholarships if you want to join a college or university to pursue a professional course.
Loss of Your Civil Rights
A felony conviction could make you lose your civil rights, including the right to serve on a jury, vote, and own a firearm.
Social Stigma
Another detrimental consequence of a felony conviction that you cannot overlook is social stigma. The social stigma associated with felony convictions could make it challenging to maintain relationships with people in your community and also with your loved ones.
If you are under arrest or investigation for a PC 29800 case, it is advisable to consult an experienced defense attorney. With the legal help of a reputable defense attorney, you could avoid a PC 29800 violation conviction or secure a lighter sentence after conviction.
Legal Defenses to a PC 29800 Charge
Since every case is unique, a thorough investigation is necessary to determine the best legal defenses that could work in your favor to secure a dismissal of the PC 29800 charges or a lighter sentence. This underscores the importance of consulting a defense attorney if you are under investigation or facing charges under PC 29800.
Below is an overview of some of the legal defenses your defense attorney could use to challenge a PC 29800 charge:
- Your Possession of the Firearm Was for a Brief Period When Disposing of it
Arguing that your possession of the firearm was for a brief period while disposing of it is a valid legal defense for a PC 29800 charge. For example, that could be a viable legal defense to this charge if someone planted the gun in your vehicle.
To support this legal defense, your attorney can also argue that you had no intention of interfering with the police investigation or preventing them from seizing the weapon.
- You Had the Gun Because You Seized it From Someone Committing an Unlawful Activity
While the law prevents you from owning or possessing a firearm, it does not mean you cannot defend yourself when necessary. For example, if someone wants to fire a gun at you or your loved one, you can exercise self-defense and seize it if possible, and then report the case to the police.
However, this defense could only be valid if your attorney can prove you delivered the gun to the police as soon as possible. That means you did not possess it longer than necessary after seizing it from the assailant. Your attorney can use surveillance videos and eyewitness testimonies to help support this legal defense argument.
- The Police Seized the Firearm Through an Illegal Search
Even if you are a felon, the police must have a valid court-ordered warrant before searching your person, vehicle, or other property. If the police conducted a warrantless search on your vehicle without any valid reason, your attorney can raise an issue of police misconduct as a legal defense to PC 29800 charges.
If the judge finds that the arresting police officers seized the gun from you without a warrant or any valid reason to necessitate the search, he/she could dismiss or reduce your PC 29800 charges.
- You Did Not Know You Had a Gun in Your Possession
You cannot be guilty under PC 29800 if you did not know of the firearm’s presence. That means it would be a valid defense to argue that you were unaware of the firearm’s presence. For example, that could be possible if your roommate carried the gun to your shared apartment without informing you about it.
If your defense attorney can provide sufficient evidence to prove to the judge that you did not know of the gun’s presence, the court could dismiss or reduce your charges to a lighter offense.
- You Did Not Have Any Firearm in Your Possession
Just because you passed near a house with firearms or inside the house, it does not automatically mean these weapons were in your possession. For example, if you attended a party with people who have guns, your attorney can argue you were not in possession of these weapons because you did not have any physical control over any of them.
As mentioned in the previous paragraph, “possession” has a distinctive meaning under PC 29800. If your attorney can prove with clear evidence that you did not have actual or constructive possession of the firearm in question, the court will dismiss or reduce your PC 29800 charges.
- You are a Victim of False Accusations
A PC 29800 charge is a crime ripe for false accusations. For example, if you were involved in a domestic dispute, your partner or spouse could accuse you of having a gun in your possession as revenge or to gain an advantage over you in a child custody battle.
If your defense attorney can prove to the judge that the accuser lacks trustworthiness and was motivated by jealousy, anger, or vengeful motives, he/she could dismiss your case.
How to Restore Your Gun Rights
If you rely on your gun for hunting, self-defense, or sport shooting, you should do your best to restore your gun rights after a conviction for any felony or a crime that prohibits gun ownership. Below are three ways that could work in your favor to restore your gun rights:
- Seeking a Reduction in Your Felony Conviction
Reducing your felony offense to a misdemeanor could restore or reinstate gun rights. That is particularly true if your offense is a wobbler, meaning the prosecutor can file the offense as a felony or misdemeanor. The prosecutor makes this life-changing decision based on the following:
- The facts and circumstances of your unique case
- Your criminal record
If your charge reduction petition is successful, the court could reinstate your rights to buy and own a firearm.
- Securing a Certificate of Rehabilitation (COR) and the Governor’s Pardon
A COR is a form of post-conviction relief where the court declares that you have received the necessary rehabilitation and are a rehabilitated individual. Generally speaking, you could qualify for the COR if you have a past conviction of:
- A misdemeanor sex crime listed under PC 290, and the court has expunged your conviction
- A felony and received a probation sentence, but the court has expunged your conviction
- A felony and served a state prison sentence, but the court has expunged your conviction
To be eligible for a COR, you must also have received additional rehabilitation services for two to five years, securing your release from prison or probation. Additionally, you must have resided here for at least five (5) years.
Securing a COR will act as an automatic application of the governor’s pardon, meaning no further action by you or your attorney is needed. If the governor grants the pardon, the court will reinstate your gun rights. However, if you are ineligible for a gubernatorial pardon after your application of COR, the court will not reinstate your firearm rights.
Some of the factors the governor will consider when deciding whether to grant a pardon include the following:
- The circumstances of your underlying charge
- Whether you received appropriate rehabilitation services
- Whether you pose a threat to public safety
- Your reasons for requesting the pardon
Your attorney can help during the application of the COR and the governor’s pardon to increase your odds of securing a favorable outcome. The services of an attorney when handling post-conviction matters are as important as any other legal issue.
Find a Defense Attorney Near Me
Unfortunately, in addition to the lengthy jail term and unaffordable fines, a conviction for a felony offense will also take away your firearm rights. However, with the legal assistance of a seasoned attorney, the court could restore these rights.
If you are under investigation or arrested as a suspect in a felony offense that could strip you of your gun rights, or you already have a felony conviction on your record, our defense attorneys at Leah Legal could help. We invite you to call us at 818-484-1100 to discuss your case with our credible defense attorneys, wherever you are in Van Nuys.
