When Can a Minor Legally Possess a Firearm in California?

There are exceptions—but they are narrow and strictly regulated. While 29610 PC generally prohibits all minors (under 18) from possessing firearms, certain exceptions exist for lawful, supervised activities. These exceptions are laid out in related firearm statutes, including Penal Code 29615 and California Welfare & Institutions Code 17700.

A minor may lawfully possess a firearm only if:

• They have express permission from a parent or legal guardian, and

• They are actively engaged in a lawful, adult-supervised activity, such as:

  • Hunting, with a valid license and supervision (per California Fish & Game Code)

  • Target shooting at an established, regulated firing range

  • Firearms safety training or certified instructional courses

  • Competitive shooting sports or marksmanship practice

Even when these conditions are met, the minor must only handle the firearm during the course of the activity, and under direct adult supervision. The firearm must also be lawfully owned by an authorized adult—not unlawfully acquired or unregistered.

Important:

Possession for self-defense, transportation, or simply having access to a parent’s firearm without active supervision does not qualify as a lawful exception under PC 29610.

Minors found in possession outside of these narrow exceptions may face serious charges, regardless of intent or circumstance.

Penalties for Minor in Possession of a Firearm – PC 29610

A violation of  29610 PC is classified as a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony, depending on factors such as the minor’s criminal history, the circumstances of possession, and whether the firearm was used in connection with any other criminal conduct.

Misdemeanor Penalties

If prosecuted as a misdemeanor, potential consequences include:

• Up to 1 year in county jail

• Fines: Up to $1,000

• Informal (summary) probation

• 10-year firearm ban under California law (for adults once they turn 18)

Felony Penalties

If filed as a felony, sentencing may include:

• 16 months, 2 years, or 3 years in state prison (or juvenile commitment)

• Formal probation

• Lifetime ban on owning or possessing firearms (if tried as an adult)

• Possible transfer to adult court depending on the minor’s age, prior offenses, and case severity

Juvenile cases are typically handled in juvenile delinquency court, where outcomes can include probation, community service, mandatory firearm safety education, or placement in a juvenile facility. However, serious or repeat offenses—especially those involving loaded firearms or gang-related circumstances—may result in the minor being charged as an adult

Long-Term Consequences of a Juvenile Gun Possession Conviction

In addition to criminal penalties, minors convicted under 29610 PC may face:

• Long-term firearm prohibition into adulthood

• Barriers to college admissions and ineligibility for financial aid

• Immigration consequences for non-citizens

• Difficulties obtaining jobs, internships, or professional licenses in fields requiring background checks

Minors with any kind of criminal record—including gun charges—may face barriers that follow them into adulthood. A strong defense early in the process is essential.

How We Defend Minors Accused of Illegal Firearm Possession

Lawful Activity Exception
If the minor possessed the firearm during a lawful and supervised activity—such as hunting with a valid license, target shooting at an approved range, or attending a certified training course—an exception may apply under California law.

No Actual or Constructive Possession
To convict under 29610 PC, the prosecution must prove that the minor knowingly possessed the firearm, either physically or constructively (i.e., had control over it). Mere proximity to a firearm is not enough.

Illegal Search or Seizure
If the firearm was discovered through an unlawful search—for example, without a warrant, probable cause, or proper consent—your attorney may be able to file a motion to suppress the evidence under the Fourth Amendment.

Firearm Not Legally Defined
The prosecution must prove the item meets the legal definition of a firearm under Penal Code 16520. In some cases, the object may be inoperable, a replica, or not legally classified as a firearm.

Necessity or Duress
In rare cases, a minor may have taken possession of a firearm briefly to prevent greater harm (e.g., removing a weapon from a dangerous situation) or under coercion. These circumstances may support a necessity or duress defense.

Insufficient Evidence
If the prosecution cannot establish all required elements beyond a reasonable doubt—including knowledge, possession, and that the object was a firearm—the case may not hold in court.

Negotiated Resolution
Even in cases with strong evidence, your attorney may be able to negotiate a reduction to a lesser offense, diversion, or juvenile alternatives that avoid jail time and preserve your child’s future.

If Your Child Was Arrested for Firearm Possession, Take Action Immediately

An arrest for minor in possession of a firearm is not something to take lightly—especially in Los Angeles, where prosecutors often pursue these cases aggressively, even for first-time offenders. The sooner you involve legal counsel, the better your chances of protecting your child from jail time, a criminal record, or long-term firearm restrictions.

Here’s what to do right now:

• Contact our office immediately to schedule a consultation before your child speaks with law enforcement or probation.

• Do not allow your child to make any statements without legal representation present.

• Preserve any documentation that could help your case, such as hunting licenses, safety course registration, or written parental consent for supervised firearm use.

At The Law Offices of Arash Hashemi, we move quickly to assess the case, push for pre-filing diversion when appropriate, and position your family for the best possible outcome. Early intervention can often mean the difference between a dismissed case and a permanent record.

Arrested for Minor in Possession of a Firearm in Los Angeles? Our Defense Attorney Can Help

If your child has been arrested for possessing a firearm in violation of California law, this isn’t just a juvenile mistake—it’s a charge that can carry serious legal and personal consequences. Even a first-time offense can lead to jail time, a probation period, and long-term firearm restrictions. Worse, it can jeopardize school opportunities, professional licensing, and immigration status down the line.

 We don’t treat these as routine cases. Attorney Hashemi has over two decades of experience handling high-stakes gun and juvenile defense matters across Los Angeles County. We immediately begin by reviewing the facts, securing records, identifying illegal searches, and pushing back against enhancements or felony-level exposure. When appropriate, we fight for dismissal, pre-filing diversion, or negotiated outcomes that keep your child’s record clean.

From the first call, you’ll speak directly with an attorney—not a case manager or junior staffer. We’ll walk you through the defense strategy, explain your rights, and move quickly to protect your child’s future before things escalate further.

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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.