Los Angeles Possession of a Firearm by a Convicted Felon Defense: Understanding California PC § 29800 Charges

Facing possession of a firearm by a convicted felon charges in Los Angeles can lead to severe consequences, including prison time, substantial fines, and a criminal record that significantly impacts your employment and personal life. Under California Penal Code § 29800, individuals with certain felony convictions or specified misdemeanors are prohibited from owning, possessing, or controlling a firearm. At Rogers | Beltran LLP, our experienced Los Angeles possession of a firearm defense attorneys are dedicated to protecting your rights and fighting for the best possible outcome. Below, we explain possession of a firearm by a convicted felon charges, what the prosecution must prove, common defenses, exceptions to the law, potential penalties, and critical information to help you navigate these charges.

What is Possession of a Firearm by a Convicted Felon in California?

California Penal Code § 29800(a) prohibits individuals convicted of a felony, or certain misdemeanors, from owning, possessing, or having custody or control of a firearm. This law is part of California’s strict firearm regulations aimed at enhancing public safety by restricting access for those with criminal histories. Key aspects include:

1. Possession of a Firearm by a Convicted Felon (PC § 29800)

  • Description: Involves knowingly owning, possessing, or controlling a firearm after being convicted of a felony or a misdemeanor listed in PC § 12001.6 (e.g., violent crimes like assault or robbery).
  • Key Factors: Typically a felony, though it can be a misdemeanor in some cases based on the underlying conviction or circumstances.

2. Related Charges

  • Description: Possession of a firearm charges may be filed alongside related offenses, such as:
    • PC § 30305 (possession of ammunition by a convicted felon).
    • PC § 25850 (carrying a loaded firearm).
    • PC § 245 (assault with a deadly weapon).
  • Key Factors: Multiple charges can increase penalties and complicate defense strategies.

3. Exceptions to PC § 29800

  • Restored Rights: A governor’s pardon or certificate of rehabilitation (PC § 4852.01) may restore your right to possess a firearm, though this is rare and requires legal documentation.
  • Expunged Convictions: In some cases, an expunged felony conviction (PC § 1203.4) may allow possession, but courts interpret this narrowly, and legal advice is critical.
  • Lawful Employment: Certain roles, such as peace officers, may permit possession, but felons are typically ineligible for such exemptions.
  • Key Factors: Exceptions are narrowly applied and require clear documentation or legal authorization.

What the District Attorney Must Prove in a Possession of a Firearm Case

To secure a conviction under PC § 29800, the Los Angeles DA must prove the following elements beyond a reasonable doubt:

  1. Prior Conviction: You were previously convicted of a felony or a specified misdemeanor listed in PC § 12001.6 (e.g., violent crimes like murder, robbery, or assault).
  2. Possession or Control: You knowingly owned, possessed, or had custody or control of a firearm.
  3. No Exception: You did not qualify for an exemption, such as restored rights or lawful employment.
  4. Knowledge: You knew or reasonably should have known you were possessing a firearm.

The DA relies on evidence such as prior conviction records, police reports, witness testimony, or the recovered firearm. An experienced Los Angeles possession of a firearm attorney at Rogers | Beltran LLP can challenge this evidence to weaken the prosecution’s case.

Common Defenses to Possession of a Firearm Charges in Los Angeles

A skilled defense attorney can employ several strategies to fight PC § 29800 charges. Common defenses include:

  1. Qualifying Exception:
    • If your firearm rights were restored through a pardon, certificate of rehabilitation, or expungement, the charge may not apply.
    • Example: You received a governor’s pardon restoring your firearm rights.
  2. No Knowledge:
    • If you were unaware the firearm was in your possession, you may not be guilty.
    • Example: Someone else placed the firearm in your vehicle or home without your knowledge.
  3. Illegal Search and Seizure:
    • If police obtained evidence through an unlawful search, it may be suppressed.
    • Example: The firearm was found during an illegal vehicle or home search.
  4. False Allegations:
    • Charges may stem from misunderstandings or false claims by others.
    • Example: A roommate falsely reported you possessing a firearm to retaliate.
  5. No Prior Qualifying Conviction:
    • If your prior conviction was not a felony or a specified misdemeanor, the charge may be invalid.
    • Example: Your conviction was for a non-violent felony not listed in PC § 12001.6.
  6. Not a Firearm:
    • If the item was not a functional firearm (e.g., a toy or inoperable replica), the charge may not apply.
    • Example: The item was a non-functional prop mistaken for a real gun.

At Rogers | Beltran LLP, our Los Angeles possession of a firearm defense lawyers will thoroughly investigate your case to identify the most effective defense strategy.

Potential Penalties for Possession of a Firearm Convictions in California

Penalties for possession of a firearm by a convicted felon under PC § 29800 depend on whether the charge is a misdemeanor or felony and your criminal history. As of July 14, 2025, potential consequences include:

Misdemeanor Possession of a Firearm (PC § 29800)

  • Jail Time: Up to 1 year in county jail.
  • Fines: Up to $1,000 (plus court fees).
  • Probation: Up to 3 years of informal probation, often with conditions like community service or restrictions on possessing firearms or ammunition.
  • Firearm Confiscation: The firearm may be seized and destroyed.

Felony Possession of a Firearm (PC § 29800)

  • Prison Time: 16 months, 2, or 3 years in state prison.
  • Fines: Up to $10,000 (plus fees).
  • Probation: Formal probation with conditions like restitution or counseling.
  • Felony Record: Impacts employment, housing, and professional licenses.
  • Firearm Rights: Reinforces permanent loss of firearm and ammunition possession rights.
  • Strike Offense: May count as a “strike” under California’s Three Strikes Law if the underlying felony was violent.

Additional Consequences

  • Immigration Consequences: Non-citizens may face deportation or visa issues.
  • Employment Challenges: A criminal record can limit job opportunities, especially in roles requiring background checks or security clearances.
  • Professional License Impacts: Affects licenses for professions like security, law, or healthcare.
  • Civil Lawsuits: If possession caused harm or fear, victims may sue for damages.

What Else Should You Know About Possession of a Firearm Charges in Los Angeles?

Possession of a firearm charges under PC § 29800 are strictly enforced in California, particularly in Los Angeles’s urban environment with heightened firearm regulations. Here are additional details to understand:

The Possession of a Firearm Charge Process in Los Angeles

  1. Investigation: Police investigate based on traffic stops, home searches, or public complaints, often using bodycam footage, database checks for prior convictions, or recovered firearms.
  2. Arrest and Booking: You may be booked and released on bail or held without bail for felony charges.
  3. Court Proceedings: Your case involves arraignment, pre-trial motions, and possibly a trial. Plea deals may reduce charges to lesser offenses like disturbing the peace (PC § 415) or carrying a concealed firearm (PC § 25400).
  4. Diversion Programs: For misdemeanor charges, judicial diversion (PC § 1001.95) may be available for first-time offenders, dismissing charges upon completion of conditions.

Exceptions to PC § 29800

  • Restored Rights: A governor’s pardon or certificate of rehabilitation (PC § 4852.01) may restore your right to possess a firearm, though this is rare and requires legal documentation.
  • Expunged Convictions: An expunged felony (PC § 1203.4) may sometimes allow possession, but courts interpret this narrowly, and legal advice is critical.
  • Lawful Employment: Certain roles (e.g., peace officers) may permit possession, but felons are typically ineligible for such exemptions.
  • Burden of Proof: You must demonstrate eligibility for an exception, often requiring legal representation to present evidence effectively.

Why You Need a Los Angeles Possession of a Firearm Attorney

Navigating PC § 29800 charges requires legal expertise due to complex evidence and strict firearm laws. An experienced attorney at Rogers | Beltran LLP can:

  • Challenge the prosecution’s evidence, such as proof of knowledge or prior conviction status, to seek dismissal or reduction of charges.
  • Argue for lawful exceptions based on restored rights or employment.
  • Represent you in court to protect your rights and future.
  • Mitigate impacts on your employment, professional licenses, or immigration status.

How to Protect Yourself After a Possession of a Firearm Charge

  1. Do Not Discuss the Case: Avoid talking about the incident with anyone except your attorney, as statements can be used against you.
  2. Document Evidence: Keep records of legal documents, witnesses, or circumstances supporting your defense (e.g., proof of restored rights or lack of knowledge).
  3. Hire an Attorney Immediately: Early intervention can lead to dismissed charges or reduced penalties.
  4. Comply with Court Orders: Follow bail conditions to avoid additional charges.

Los Angeles-Specific Considerations

  • Urban Context: Los Angeles’s high-crime areas (e.g., South LA, Downtown) and strict firearm laws lead to aggressive enforcement of PC § 29800, often during routine stops or searches.
  • Local Courts: Cases are typically heard in courts like the Los Angeles Superior Court or Compton Courthouse, each with unique procedures.
  • Police Enforcement: LAPD uses advanced tools like bodycams and database checks to verify prior convictions, which can be challenged for errors or unlawful searches.

Contact Rogers | Beltran LLP for Expert Possession of a Firearm Defense in Los Angeles

A California possession of a firearm charge under PC § 29800 doesn’t have to define your future. At Rogers | Beltran LLP, our dedicated Los Angeles possession of a firearm attorneys are committed to protecting your rights and fighting for the best possible outcome. We have the expertise to build a strong defense, leveraging exceptions and challenging evidence to minimize the impact on your life.

Call us today at (213) 900-9004 or fill out our online contact form for a free, confidential consultation. Let us help you navigate the legal process and safeguard your future.