Overview of PC 29805 Charges in California
PC 29805 allows the state of California to penalize individuals who possess a firearm after they commit certain misdemeanors. Note that the state usually uses a 10-year ban on firearm ownership for misdemeanor convictions.
Individuals face PC 29805 charges if they commit certain misdemeanors or have a warrant for certain misdemeanors and own, purchase, receive, or possess a firearm.
Note that PC 29805 regulations do not apply to all misdemeanor convictions. In fact, only limited misdemeanors will result in a firearm ban in California. This limitation means that many people convicted of a misdemeanor are still allowed to buy or possess a firearm without facing legal repercussions.
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:
- 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 misdemeanor charges and firearm bans. We’ll focus on detailing specific crimes that can lead to this kind of ban. Just contact our team to speak to a weapons charges lawyer in Los Angeles right now.
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:
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.
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.
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.”
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.
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 here in Los Angeles. Individuals can face up to one year behind bars for a misdemeanor 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 for 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 the firearm.
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 successfully 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.
Speak to a Lawyer About Penal Code 29805 Charges Now
Want help handling Penal Code 29805 accusations? Reach out to the Simmrin Law Group right now. Our team will help if you are accused of firearm possession after a misdemeanor conviction. Just call us or fill out our online contact form. Work with a Los Angeles criminal defense lawyer today.
We’ll discuss your situation right now with a free consultation. We can review your case, answer any questions you may have, and advise you of your options going forward. Should you retain our services, we will devise a defense strategy and work to build a case in support of your innocence.