California Penal Code 29900: Possession of Firearms by Those Convicted of Violent Felonies

Introduction

California Penal Code § 29900 serves as a critical statute within the state’s broader legal framework on firearm regulation, explicitly targeting individuals with violent felony convictions. Designed to promote public safety, the statute prohibits such individuals from owning, possessing, or having custody of firearms. This law reflects California’s commitment to minimizing firearm-related violence by restricting access to those deemed a risk due to their criminal history. For anyone accused under this statute, navigating the complexities of the law requires the expertise of a skilled defense attorney, such as the team at Power Trial Lawyers, serving Los Angeles and Orange County.

This article delves into the nuances of Penal Code § 29900, its implications, relevant case law, potential defenses, and the steps to take if you or a loved one face such charges. With the stakes often involving significant prison sentences, understanding this law is vital for both individuals and legal professionals.

Defining California Penal Code § 29900

California Penal Code § 29900 makes it a felony for anyone previously convicted of a violent offense, as enumerated under Penal Code § 29905, to own, possess, or control any firearm. The statute applies even if the prior conviction was dismissed under Penal Code § 1203.4a. Violations result in severe consequences, including mandatory minimum sentences and potential enhancements under the Three Strikes Law.

Key Provisions:

1. Eligibility Criteria: Individuals convicted of violent felonies, as defined under Penal Code § 29905, are prohibited from firearm possession.
2. Mandatory Sentences: If probation is granted, a minimum of six months in county jail is required unless the court explicitly finds that justice would be better served otherwise.
3. Repeat Offenses: Violations often carry enhanced penalties under California’s sentencing laws, including additional years of imprisonment for repeat offenders.

What Constitutes a Firearm Under California Law?

California law provides a broad definition of a firearm, encompassing devices designed to expel a projectile by force of combustion, explosion, or other means. Notably:

• Antique firearms and replicas are included if they can be used as functional weapons.
• Non-operational firearms, such as unloaded or disassembled guns, may still meet the statutory definition if they can be rendered operational.

Case law, such as In re M.G., 228 Cal. App. 4th 1268, has further clarified these definitions. In this case, the court emphasized that possession of a firearm includes items capable of use or modification for use, reinforcing the comprehensive nature of the statute.

Understanding Possession Under Penal Code § 29900

Possession under Penal Code § 29900 is not limited to physical custody. Courts recognize two forms of possession:

1. Actual Possession: The firearm is physically on the person, such as being carried in a bag or pocket.
2. Constructive Possession: The individual has access to and control over the firearm, even if it is not physically on their person (e.g., a firearm stored in a home or vehicle).

California courts evaluate cases using evidence such as fingerprints, proximity to the weapon, and intent. In People v. Chestra, 9 Cal. App. 5th 1116, the court upheld a conviction based on constructive possession, emphasizing that the defendant’s prior violent felony conviction made firearm possession a clear violation of the law.

Legal Consequences of Violating Penal Code § 29900

The penalties for violating Penal Code § 29900 are severe and designed to deter firearm possession among violent offenders. Key consequences include:

1. Felony Conviction: Possession of a firearm under this statute is categorized as a felony. This status brings significant legal ramifications, including long-term imprisonment and loss of certain civil rights.
2. Sentencing Guidelines: If convicted, individuals may face up to three years in state prison. Those with prior convictions could be subject to enhanced penalties under the Three Strikes Law, potentially leading to significantly longer sentences. Additionally, if probation is granted, a mandatory minimum jail term of six months must be served.
3. Sentencing Enhancements: Repeat offenders or those in possession of multiple firearms may face consecutive sentencing. For instance, in People v. Sanders, 55 Cal. 4th 731, the California Supreme Court upheld consecutive sentences for multiple firearm-related charges, emphasizing the distinct nature of each violation.

Key Case Law Analysis

Several pivotal cases have shaped the interpretation and enforcement of Penal Code § 29900. Below are some of the most significant:

1. People v. Alexander, 91 Cal. App. 5th 469
   • The court upheld the constitutionality of Penal Code § 29800 and § 30305, which similarly restrict firearm possession by felons. It ruled that such restrictions do not violate the Second Amendment.
2. Brewer v. Superior Court, 16 Cal. App. 5th 1019
   • In this case, the defendant challenged the admissibility of firearm evidence obtained during an unlawful detention. The court directed the trial court to reconsider the motion to suppress, highlighting the importance of lawful searches.
3. People v. Paul, 99 Cal. App. 5th 832
   • This case involved suppression of evidence obtained through unlawful detention. The appellate court reversed the trial court’s judgment, emphasizing procedural safeguards.

Defenses Against Penal Code § 29900

While the statute imposes strict prohibitions, several defenses may apply:

1. Unlawful Search and Seizure
   • Evidence obtained through unlawful means can be suppressed under the Fourth Amendment. Cases like Brewer v. Superior Court underscore the importance of procedural compliance by law enforcement.
2. Lack of Knowledge
   • A defendant may argue they were unaware of the firearm’s presence, particularly in cases involving shared living spaces or vehicles.
3. Possession by Another Party
   • Proving that another individual had exclusive possession and control over the firearm can be a viable defense.
4. Improper Conviction Underlying the Prohibition
   • Challenging the validity of the prior violent felony conviction may form part of a broader defense strategy.

What to Do If Charged Under Penal Code § 29900

Facing charges under Penal Code § 29900 is a serious matter. Here are the critical steps to take:

1. Remain Silent: Do not make statements to law enforcement without legal representation.
2. Hire a Skilled Attorney: Experienced defense attorneys, such as those at Power Trial Lawyers, can build a robust case on your behalf.
3. Document Evidence: Collect any evidence that may support your defense, including witness statements or proof of lawful behavior.
4. Request a Consultation: Contact a defense attorney promptly to discuss your legal options and develop a strategy.

Consult With a Lawyer Today

California Penal Code § 29900 imposes strict prohibitions on firearm possession by individuals with violent felony convictions, reflecting the state’s commitment to public safety. Violations carry severe consequences, making it essential for accused individuals to seek skilled legal representation.

If you or a loved one are facing charges under Penal Code § 29900, Power Trial Lawyers can help. With experience in criminal defense and a track record of success in firearm-related cases, our attorneys are ready to fight for your rights. Contact us today for a free consultation and take the first step toward protecting your future.