Can a Felon Own a Gun in California? Felon in Possession Under Penal Code 29800 Explained

Q: Can a felon own a gun in California after 10 years?

No. The felony ban under Penal Code section 29800 does not expire with time. The 10-year period applies to the misdemeanor prohibitions under Penal Code section 29805, not to felony convictions. A felon regains gun rights only through a 17(b) reduction of a wobbler, a pardon, or another court action that changes the conviction itself.

Q: Can a felon live in a house where someone else owns a gun?

It is legally risky and often charged. Living with a lawful gun owner is not itself a crime, but if the gun is accessible to you and the evidence suggests you knew where it was and could control it, prosecutors can argue constructive possession under Penal Code section 29800. Guns stored in a locked safe to which the prohibited person has no key or combination reduce that risk considerably.

Q: Is felon in possession a strike in California?

Generally no. A simple violation of Penal Code section 29800 is not listed as a serious or violent felony, so it is not a strike by itself, although a prior strike doubles the sentence. Related conduct such as assault with a firearm under Penal Code section 245 is a strike. Our guide on the Three Strikes law explains the lists.

Q: Does a felon in possession charge get dismissed if the gun was not loaded?

No. Penal Code section 29800 applies to loaded and unloaded firearms. Whether the gun was loaded matters to the separate charge of carrying a loaded firearm under Penal Code section 25850 and to sentencing, not to the felon in possession count itself.

Q: Do I need a lawyer for a felon in possession charge?

Yes. Section 29800 is a felony with a potential prison term, enhancement exposure, and federal referral risk, and the defenses depend on search and seizure law and on the details of the prior conviction. Our guide on the difference between a misdemeanor and a felony explains why felony cases require different preparation from the start.

Daniel Gramling, Esq.

4 minutes ago

11 min read

Can a Felon Own a Gun in California? The Short Answer

The short answer: no. Penal Code section 29800 makes it a felony for any person who has been convicted of a felony under the laws of California, any other state, or the United States to own, purchase, receive, or possess a firearm, and the ban is for life unless the conviction is later set aside in a way that restores the right. Federal law reaches the same result through 18 U.S.C. section 922, subdivision (g)(1), which bars possession by anyone convicted of a crime punishable by more than one year in prison. The ban applies whether the gun is a hunting rifle in a closet in Victorville, a pistol in a glove box on the 15 near Barstow, or a relative's shotgun in a garage in Riverside. A conviction under section 29800 is a new felony on top of the old one, and it is one of the most frequently filed charges in the Inland Empire after a probation search or a traffic stop. Our criminal defense practice defends these cases in Riverside, San Bernardino, Los Angeles, and Orange Counties.

Who Is Prohibited From Having a Gun in California

Felons, and several other categories. Penal Code section 29800 covers anyone with a felony conviction from any jurisdiction, anyone addicted to a narcotic drug, and anyone with certain violent misdemeanor convictions involving a firearm, plus anyone with two or more convictions for brandishing under Penal Code section 417. A separate statute, Penal Code section 29805, imposes a 10-year ban for a long list of misdemeanors including assault, battery, domestic battery under Penal Code section 243, subdivision (e)(1), criminal threats under Penal Code section 422, and brandishing, and a misdemeanor corporal injury conviction under Penal Code section 273.5 now carries a longer state prohibition. Anyone subject to a domestic violence restraining order or a criminal protective order is barred by Penal Code section 29825 and by Family Code section 6389 for the life of the order. We cover the misdemeanor and restraining order rules in our guide on owning a gun after a domestic violence conviction.

Ammunition is covered too. Penal Code section 30305 makes it a crime for anyone prohibited from possessing a firearm to own or possess ammunition or reloaded ammunition. Prosecutors in San Bernardino County and Riverside County commonly file section 30305 alongside section 29800 when a box of rounds is found with the gun, and sometimes file it alone when only ammunition is found.

Out-of-state and federal convictions count. A felony from Nevada, Arizona, or federal court triggers section 29800 the same way a California felony does. A conviction that was a felony where it was entered counts even if the same conduct would be a misdemeanor in California, which surprises many people who moved to the High Desert or the Inland Empire from other states.

What the Prosecutor Must Prove Under Penal Code 29800

The elements. To convict under Penal Code section 29800, the District Attorney must prove beyond a reasonable doubt that (1) you owned, purchased, received, or possessed a firearm, (2) you knew you possessed the firearm, and (3) you had previously been convicted of a felony. The third element is usually proved with a certified record of the prior conviction, and the defense can require the prosecution to prove that the prior was actually a felony at the time of the new possession rather than a wobbler that had been reduced. The first two elements are where most of these cases are fought.

Possession can be actual or constructive. Actual possession means the gun was on your person or in your immediate control. Constructive possession means you had the right to control the gun, alone or with someone else, even if it was not in your hands, such as a pistol in a nightstand in a bedroom you share. Prosecutors in cases from Fontana, Moreno Valley, and Hesperia frequently rely on constructive possession when a gun is found in a car with several occupants or a house with several residents, and the defense turns on whether the evidence shows you knew the gun was there and had the right to control it rather than mere proximity.

Knowledge is required. You must have known the object was a firearm and known that you had it. A person who did not know a friend left a gun under the passenger seat has not knowingly possessed it. California courts have held, however, that a mistaken belief that your prior conviction was only a misdemeanor is not a defense; in People v. Snyder (1982) 32 Cal.3d 590 the California Supreme Court held that a defendant's belief that she was not a felon did not excuse the possession. Knowledge goes to the gun, not to the law.

A firearm does not have to be loaded or working. The statute covers any device designed to be used as a weapon that expels a projectile through a barrel by the force of an explosion. An unloaded gun, a gun with no magazine, and in many circumstances a gun that is temporarily inoperable still count. Air guns and BB guns are not firearms for this purpose, which is a distinction that matters when the object was a realistic replica.

Defenses to a Felon in Possession Charge

The search was unlawful. Most section 29800 cases begin with a probation or parole search, a vehicle stop, or a search of a home. If you were not on searchable probation, if the stop was prolonged beyond its purpose in violation of Rodriguez v. United States (2015) 575 U.S. 348, or if officers entered a home without a warrant or valid consent, a motion under Penal Code section 1538.5 can suppress the gun and end the case. Our guides on 1538.5 motions and when police can search your car explain the rules.

You did not know the gun was there. A gun found in a borrowed car, a shared apartment, a storage unit, or a vehicle recently used by someone else raises a real knowledge defense. The prosecution must prove knowledge with evidence such as fingerprints, DNA, statements, text messages, photographs, or the gun's location in a space only you used. Our guide on whether police can use your text messages explains why a phone extraction often decides this question.

Momentary possession or necessity. In People v. King (1978) 22 Cal.3d 12 the California Supreme Court held that a felon who takes up a firearm in an emergency to defend against an imminent threat of death or great bodily injury may raise self-defense, provided the possession was temporary and no longer than the emergency required. Courts have also recognized a narrow defense where a person held a gun only momentarily to dispose of it or turn it in. These defenses are fact-intensive and are rejected when the gun was kept after the emergency ended.

The prior was not a felony. If the prior conviction was a wobbler that had already been reduced to a misdemeanor under Penal Code section 17, subdivision (b), or if the prior was a juvenile adjudication rather than an adult conviction in circumstances the statute does not reach, the third element fails. Pulling the certified docket from the prior case is one of the first tasks in every section 29800 defense. Our guide on reducing a felony to a misdemeanor under 17(b) explains how reductions work.

Statements can be suppressed. Officers often ask "is there anything in the car I should know about" before any warning. Statements made during custodial interrogation without the advisements required by Miranda v. Arizona (1966) 384 U.S. 436 can be excluded, and our guide on what not to say to police explains why "that's my gun" is the sentence that ends most knowledge defenses.

Penalties for Felon in Possession in California

Section 29800 is a straight felony. A violation of Penal Code section 29800 is a felony, not a wobbler, so the court cannot reduce it to a misdemeanor under Penal Code section 17, subdivision (b). The sentencing range is a low, middle, and upper term of 16 months, two years, or three years, and probation with local custody is available in many first-time cases without aggravating facts. A prior strike under the Three Strikes law doubles the term, which we explain in our guide on California's Three Strikes law. Possession of a firearm during another felony, such as possession of drugs for sale, adds enhancements and can turn a probation case into a prison case.

Related charges are often stacked. Prosecutors frequently add ammunition under Penal Code section 30305, carrying a loaded firearm under Penal Code section 25850, carrying a concealed firearm under Penal Code section 25400, and possession of a controlled substance while armed under Health and Safety Code section 11370.1. We cover carrying a loaded firearm and carrying a concealed firearm in separate guides. Our guide on how sentencing works explains how multiple counts are run together or separately.

Federal prosecution is possible. The United States Attorney can charge the same possession under 18 U.S.C. section 922, subdivision (g)(1), and federal sentences for felon in possession are typically longer than state sentences, especially for defendants with prior violent or drug trafficking convictions. Federal referrals are more common when the gun is tied to drug sales or gang allegations.

How a Felon in Possession Case Moves Through Court

Arraignment, preliminary hearing, and the information. As a felony, a section 29800 case starts with an arraignment under Penal Code section 988, then a preliminary hearing under Penal Code section 872 where the prosecution must show probable cause. Personal appearances are required at the key felony stages under Penal Code section 977, subdivision (b). Where the gun was found controls the courthouse: cases from Victorville, Hesperia, Apple Valley, and Adelanto are generally heard at the Victorville courthouse, Barstow and Fort Irwin cases at the Barstow courthouse, San Bernardino and Redlands cases at the San Bernardino Justice Center, Riverside and Moreno Valley cases at the Riverside Hall of Justice, Temecula and Murrieta cases at the Southwest Justice Center, and downtown Los Angeles cases at the Clara Shortridge Foltz Criminal Justice Center. Confirm the assignment on the court's current website.

Bail and release. Because section 29800 is a felony, bail is set from the county schedule and can be addressed at arraignment, where the court must consider your ability to pay and non-financial conditions under In re Humphrey (2021) 11 Cal.5th 135. Our guide on how bail works in San Bernardino County explains what to expect at that hearing.

Motions decide many of these cases. A suppression motion under Penal Code section 1538.5, a motion to dismiss under Penal Code section 995 after a weak preliminary hearing, and a motion to strike a prior under Penal Code section 1385 are the tools that most often change the outcome. We explain the 995 motion in a separate guide. When the gun was found in a probation search, the defense also reviews whether the search condition was valid and whether officers knew of it before searching.

Plea negotiations. Where suppression is unlikely and knowledge is clear, negotiations focus on probation with local custody, dismissal of stacked counts, and avoiding enhancements. Our guides on what prosecutors look at before filing and whether to take a plea deal explain how those decisions are made.

How to Get Gun Rights Back in California

Expungement does not restore gun rights. A dismissal under Penal Code section 1203.4 on form CR-180 relieves many consequences of a conviction, but the statute expressly provides that it does not permit a person to own or possess a firearm. Many people learn this only after a new arrest. Our guide on expungement in California explains what the dismissal does and does not do.

A 17(b) reduction of a wobbler generally restores state rights. When a wobbler conviction is reduced to a misdemeanor under Penal Code section 17, subdivision (b), it becomes a misdemeanor for all purposes under California law, and the felony-based prohibition under section 29800 no longer applies, although any misdemeanor-based prohibition under section 29805 would still run. A reduction under Proposition 47 through Penal Code section 1170.18 is different: that statute states that a conviction reduced under it does not permit the person to own or possess a firearm. Straight felonies cannot be reduced.

A Governor's pardon is the only general route for a straight felony. A certificate of rehabilitation under Penal Code section 4852.01 is the usual first step toward a pardon, and a full and unconditional pardon generally restores the right to possess a firearm under state law unless the conviction involved the use of a dangerous weapon. Federal law under 18 U.S.C. section 921, subdivision (a)(20) generally honors a state restoration of civil rights or a pardon unless the restoration expressly keeps the firearm ban. These applications take time and are decided on the applicant's full record.

Collateral Consequences of a Section 29800 Conviction

Immigration, employment, and licensing. A firearm conviction is a specific ground of deportability under federal immigration law regardless of sentence, so non-citizens must get immigration advice before any plea, as explained in our guide on immigration consequences. A new felony also affects professional licenses, security clearances, and employment, and it extends the firearm ban indefinitely. In family court, a pending or recent weapons case is used in custody litigation, and our child custody practice handles the crossover when both cases are moving at once.

Probation and parole violations. If you were on probation or parole when the gun was found, the possession is also a violation that can be proved under a lower standard at a separate hearing, which we explain in our guide on probation violation hearings. The violation hearing often happens before the new case is resolved.

Frequently Asked Questions

Can a felon own a gun in California after 10 years?

No. The felony ban under Penal Code section 29800 does not expire with time. The 10-year period applies to the misdemeanor prohibitions under Penal Code section 29805, not to felony convictions. A felon regains gun rights only through a 17(b) reduction of a wobbler, a pardon, or another court action that changes the conviction itself.

Can a felon live in a house where someone else owns a gun?

It is legally risky and often charged. Living with a lawful gun owner is not itself a crime, but if the gun is accessible to you and the evidence suggests you knew where it was and could control it, prosecutors can argue constructive possession under Penal Code section 29800. Guns stored in a locked safe to which the prohibited person has no key or combination reduce that risk considerably.

Is felon in possession a strike in California?

Generally no. A simple violation of Penal Code section 29800 is not listed as a serious or violent felony, so it is not a strike by itself, although a prior strike doubles the sentence. Related conduct such as assault with a firearm under Penal Code section 245 is a strike. Our guide on the Three Strikes law explains the lists.

Does a felon in possession charge get dismissed if the gun was not loaded?

No. Penal Code section 29800 applies to loaded and unloaded firearms. Whether the gun was loaded matters to the separate charge of carrying a loaded firearm under Penal Code section 25850 and to sentencing, not to the felon in possession count itself.

Can I get a felon in possession charge reduced to a misdemeanor?

Not under 17(b), because section 29800 is a straight felony. The realistic paths to a misdemeanor outcome are suppression of the gun, a negotiated plea to a different misdemeanor count, or a dismissal based on the knowledge or prior-conviction elements. Daniel Gramling, Esq. evaluates each of these at the first consultation and offers flat-fee options for many felony cases.

Do I need a lawyer for a felon in possession charge?

Yes. Section 29800 is a felony with a potential prison term, enhancement exposure, and federal referral risk, and the defenses depend on search and seizure law and on the details of the prior conviction. Our guide on the difference between a misdemeanor and a felony explains why felony cases require different preparation from the start.

Talk to a Criminal Defense Lawyer About a Weapons Charge

Gramling Law Group defends felon in possession and other weapons charges at the San Bernardino Justice Center, the Victorville and Barstow courthouses, the Rancho Cucamonga and Fontana courthouses, the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the Clara Shortridge Foltz Criminal Justice Center, and the Central Justice Center in Santa Ana, and throughout the Inland Empire, Los Angeles County, Orange County, and Southern California. Clients from Victorville, Hesperia, Barstow, Riverside, and Los Angeles get a direct review of the search, the knowledge evidence, and the prior conviction. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options so you know the cost before you commit. Call (909) 654-4575 or contact us through this website for a consultation.