California Penal Code 29810 PC – Relinquishment of Firearms
Penal Code 29810 PC Overview
Effective January 2018, Penal Code 29810 PC requires individuals convicted of certain crimes in California to surrender their firearms. This law is a critical component of Proposition 63, aimed at strengthening gun control.
Key Provisions:
- Court Directive: Upon conviction, the court must inform the defendant of their firearm ownership ban and order the surrender of any firearms.
- Relinquishment Form Requirement: Defendants must complete the Prohibited Persons Relinquishment Form. They must list all firearms they own or control and designate someone to take possession.
- Custodian Responsibilities: The designated custodian must transfer the firearms within a set timeframe. Options include surrendering to law enforcement, selling to a licensed dealer, or storing with a dealer.
- Consequences for Non-Compliance: Defendants who fail to properly relinquish firearms face charges for unlawful firearm possession.
Crimes That Require Relinquishing Guns Under Penal Code 29810
Penal Code 29810 applies to individuals convicted of:
- Any felony offense.
- Certain misdemeanors, including assault, battery, making criminal threats, and brandishing a weapon.
For example, a petty theft conviction wouldn’t require firearm surrender. However, a felony embezzlement conviction would necessitate relinquishing firearms.
Understanding the Relinquishment Process Under Penal Code 29810
When a court convicts a defendant of a crime covered by Penal Code 29810, it follows a specific process:
- The court informs the defendant that they can no longer legally possess firearms, ammunition, or magazines.
- The defendant receives an order to give up any such items in their possession.
- The court provides a Prohibited Persons Relinquishment Form to the defendant.
Using this form, the defendant:
- Records all firearms, ammunition, or magazines they own.
- Nominates another person to take control of these items.
- Gives this person legal authority to handle the disposal of the firearms.
This process ensures the safe and legal transfer or disposal of firearms from individuals prohibited from possessing them.
Penalties for Failing to Relinquish Firearms Under Penal Code 29810
Defendants who don’t comply with the firearm relinquishment process under Penal Code 29810 face serious penalties:
- Failing to submit the required paperwork within the specified timeframe results in an infraction. This carries a maximum fine of $100.
- Possessing firearms past the deadline can lead to more severe consequences. Such individuals may face charges under Penal Code 29800. This statute prohibits certain people from owning guns. Violating this law is a felony, punishable by 16 months to 3 years in jail.
Legal Defenses Against Violating Firearm Relinquishment
- No Conviction: If there’s no criminal conviction, the requirement to surrender firearms doesn’t apply. Dropped charges or acquittal negate the relinquishment obligation.
- Unclear Court Instructions: A defense can be based on the court’s failure to provide clear instructions about the relinquishment process.
- Good Cause for Delay: Legitimate reasons like illness or hospitalization can excuse delayed compliance with the relinquishment order.
- Mistake of Fact: This applies if the defendant genuinely believed they had no firearms to relinquish, due to reasons like previous sale, loss, or theft of the firearms.
