California Penal Code Section 29805: Firearm Possession After Misdemeanor Convictions

Overview of PC 29805 Charges in California

Imagine this: you straightened out your life after a past misdemeanor mistake, maybe a heated argument that escalated. Now, you want to take up target shooting or keep a firearm for home defense. But wait! California Penal Code (PC) Section 29805 might put a roadblock in your plans. 

This law restricts your ability to own or possess firearms for 10 years after specific misdemeanor convictions. It’s like being stuck between a rock and a hard place – wanting to exercise your Second Amendment rights, but facing legal limitations due to a past misstep.

So, what misdemeanors trigger this 10-year waiting period? Are there any exceptions? Let’s clear the confusion and get you back on the path to understanding your firearm rights in California. Remember, if you still have questions about your right to bear arms, talk to a Burbank criminal defense lawyer.

For a free legal consultation with a firearm possession after misdemeanor convictions lawyer serving California, call (310) 896-2723

Misdemeanors that Lead to a 10-Year Firearm Ban

Only some misdemeanor convictions will result in a firearm ownership ban in California. For the most part, these misdemeanors are tied to violent crime charges. For example, all of the following charges can lead to a firearm ban in California:

• Assault
• Battery
• Domestic battery
• Shooting at an unoccupied building or vehicle
• Brandishing a weapon
• Criminal threats

Note that this is not an extensive list of the misdemeanor charges that can lead to a ban on firearm ownership. We are only providing examples of some of the crimes that will result in a firearm ban. Additionally, not all of these charges involve violent actions. Individuals can also receive a ban if they are convicted of stalking, for example.

Our team at the Simmrin Law Group will help you understand the California penal code, misdemeanor charges, and firearm bans. We’ll focus on detailing specific crimes that can lead to this kind of ban. Contact our team to speak to a Santa Ana weapons charges lawyer right now.

California Firearm Possession After Misdemeanor Convictions Lawyer Near Me (310) 896-2723

Items Covered by California’s Firearm Ban

California uses a very specific definition for “firearms.” Under a firearm ban, individuals are prohibited from owning any of these items. According to our legal system, firearms are items that:

• Are meant to be utilized as weapons
• Expel a projectile through a barrel
• Use combustion or an explosion to propel the projectile

Most people use the term “gun” to refer to firearms in our state. There are many different kinds of firearms or guns. All of the following items are considered firearms:

• Pistols
• Rifles
• Shotguns
• Revolvers
• Tasers

However, BB guns and pellet guns are not considered “firearms” in California. They do not use combustion to propel a projectile, so they do not meet the definition of a firearm. Additionally, you should know that this ban includes firearms that are loaded or unloaded. A weapons charges lawyer in Burbank from Simmrin Law Group can answer all your legal questions about weapons. 

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Types of Possession in California

The court system in California also defines “possession” when it comes to firearms. The court recognizes two types of possession. Individuals can face PC 29805 charges for actual or constructive possession.

Actual Possession

Individuals have “actual possession” of a firearm if they are in physical control of the weapon. This means that they have the item on their person. A gun worn in a holster would be in someone’s “actual possession.”

Constructive Possession

Sometimes, people have “constructive possession” of a firearm. This means that they can access the weapon. For example, let’s say someone has a gun in a locked safe in their home. They would have “constructive possession” of the firearm.

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Penalties for a PC 29805 Violation in California

The court treats PC 29805 as a wobbler. Wobblers are special charges in California. The prosecution can handle these charges as either misdemeanor or felony offenses. In either situation, an individual would face high fines after a conviction.

However, misdemeanors and felonies lead to different periods of incarceration in Los Angeles. For a misdemeanor, individuals can face up to one year behind bars or up to three years for a felony. A Los Angeles criminal defense lawyer could help you handle either misdemeanor or felony charges.

Defenses for Firearm Possession After Misdemeanor Convictions

There are legal defenses that work to handle PC 29805 charges in California. A lawyer can take steps to help you after you are accused of firearm possession after a misdemeanor conviction. Your lawyer could argue that:

• You only had a firearm to get rid of it
• You had justifiable possession of the gun
• You were subjected to an illegal search

You Only Had a Firearm to Get Rid of It

The momentary possession defense sometimes applies to PC 29805 charges. This defense allows a lawyer to argue that you only temporarily had a gun in your possession and that you were trying to dispose of it.

You Had Justifiable Possession of the Gun

Sometimes, individuals are allowed to justifiably take possession of a firearm. For example, let’s say that someone tries to rob you at gunpoint. You took the gun away from them to protect yourself. When the police arrived, you gave them the weapon right away. A lawyer could argue you had justifiable possession of a firearm in this situation.

You Were Subjected to an Illegal Search

Police officers must respect your rights, even if you are convicted of a misdemeanor. If the police ignored your rights and found a firearm through an illegal search, a lawyer could help you.

Can a Conviction Under PC 29805 Be Expunged?

If you were convicted of a crime that was charged as a misdemeanor, it may be possible to expunge the offense from your record. However, this is not possible if you are convicted of a felony charge.

When dealing with a misdemeanor conviction, you can petition to have the charge expunged once you have completed your jail or probation term.

Can Your Gun Rights Be Restored?

With most misdemeanor charges that affect your gun rights, you will be looking at a 10-year ban on gun possession and ownership. However, in some cases, you could face a lifetime ban on your gun ownership rights. When dealing with a lifetime ban, your options for regaining your gun rights at any point become quite limited.

Without a pardon from the governor or president, your lifetime ban on gun ownership will likely remain intact.

CPC 29805 – Firearm Possession After Misdemeanor Convictions FAQ

If you’ve ever faced a misdemeanor conviction, it’s crucial to understand how it might impact your gun ownership rights.

Does Every Misdemeanor Prevent Me from Owning a Gun?

Not quite. Section 29805 applies only to specific misdemeanors, like domestic violence, assault, threats of violence, and stalking. If your misdemeanor conviction falls outside this category, you might still be eligible to own a firearm.

What if I Completely Forgot about the Restriction?

Unfortunately, forgetting the law isn’t an excuse. If you’re caught with a firearm after a disqualifying misdemeanor, you could face serious criminal charges.

What Are the Penalties for Violating Penal Code 29805?

This is a “wobbler” offense. This means it can be charged as either a misdemeanor or a felony, depending on the severity of the situation. Potential consequences include county jail time, hefty fines, and the permanent loss of your firearm rights.

Are There Any Exceptions to the 10-Year Restriction?

Depending on the specifics of your case, there might be legal loopholes. Consulting with a qualified Burbank criminal defense attorney is crucial to understanding your options. An experienced lawyer can explore potential defenses or exceptions that might apply to you.

Can a Mental Health Condition Affect Firearm Ownership?

Yes. California law prohibits individuals with certain mental health disorders, like those requiring involuntary commitment to a mental health facility, from possessing firearms.

What if My Misdemeanor Involved Drug or Alcohol Use?

Some drug and alcohol-related misdemeanors can disqualify you from firearm ownership, especially if they indicate potential dependence or withdrawal symptoms. A Burbank drug crimes lawyer can clarify if your specific case falls under this category.

Where Can I Find a List of Disqualifying Misdemeanors?

While Section 29805 doesn’t provide a complete list, a Burbank criminal defense lawyer can access the relevant California law codes and pinpoint the exact misdemeanors that trigger the 10-year firearm restriction.

How Can I Check if My Misdemeanor Conviction Disqualifies Me from Owning a Gun?

An Inland Empire criminal defense attorney can conduct a thorough review of your criminal history and advise you accordingly. They can also explore if there’s a way to clear your record or shorten the firearm restriction period, if applicable.

What if I Want to Purchase a Firearm for Personal Protection?

Even if Penal Code 29805 disqualifies you from owning a firearm, alternative self-defense options might be available. An attorney can advise you on legal pepper spray or other non-lethal deterrents allowed by California law.

Should I Talk to a Lawyer if I Have Questions about Penal Code 29805?

Absolutely! California firearm laws are intricate, and past convictions add another layer of complexity. Consulting with a Burbank criminal defense lawyer is the smartest step. Many law firms offer free consultations, allowing you to discuss your situation with a professional at no upfront cost.

Remember, navigating the legal system can be daunting. Don’t hesitate to seek legal guidance. A qualified Burbank criminal defense lawyer can be your strongest advocate throughout this process.

Talk to an Experienced Burbank Criminal Defense Lawyer for Free Today

California firearm laws can be complex, especially when past convictions are involved. If you have any questions or concerns about Penal Code Section 29805 and how it applies to you, don’t hesitate to seek legal guidance. Burbank lawyers at Simmrin Law Group offer free consultations, during which you can discuss your situation with an experienced attorney.

A criminal defense lawyer can:

• Explain the specifics of Section 29805 in relation to your misdemeanor conviction.
• Explore potential defenses if you’re facing charges for firearm possession.
• Advise you on your rights and legal options under California law.

Remember, navigating the legal system can be confusing. Don’t go through this alone. A Burbank criminal defense lawyer can be your strongest advocate throughout the process. Contact us today.