Possession of a Firearm by a Violent Felon – California Penal Code 29900 PC
If you’ve been convicted of a violent felony in California and are later found in possession of a firearm, you could face charges under Penal Code 29900 PC. This is one of California’s most serious firearm laws — and it applies specifically to people with violent felony convictions, not just any felony. While PC 29900 isn’t always the main charge in an arrest, it acts as a standalone felony or a sentencing enhancement in gun-related cases involving prior violent felons.
At The Law Offices of Arash Hashemi, we represent clients across Los Angeles County facing complex gun charges, including those involving PC 29900 and PC 29800. If you’ve been accused of violating this law — or fear that your prior record could lead to serious charges — we’re here to help.
What Is Penal Code § 29900 PC – Firearm Possession by Violent Felons?
Under California Penal Code 29900, it is a felony for someone to own, possess, or have custody or control of a firearm if they have previously been convicted of a violent felony. This includes crimes such as murder, attempted murder, robbery, rape, kidnapping, or assault with a deadly weapon.
While Penal Code 29800 makes it illegal for any felon to possess a firearm, Penal Code § 29900 targets individuals with prior violent felony convictions and imposes significantly harsher consequences. These include longer prison sentences, a mandatory minimum jail term, and sentencing enhancements under California’s Three Strikes Law. This distinction makes PC 29900 one of the most aggressively enforced gun possession laws in the state.
To secure a conviction under PC 29900, prosecutors must prove the following:
-
You were previously convicted of a qualifying violent felony listed under California law;
-
You owned, possessed, or had control over a firearm after that conviction;
-
You knew the firearm was present.
Importantly, “possession” doesn’t just mean the gun was in your hand or pocket. It can include constructive possession, such as when a firearm is found in your home, car, or even a storage unit — whether or not the gun technically belonged to you. This is where many cases become complex, and why early legal representation is crucial.
What Crimes Count as Violent Felonies Under PC § 29900?
Not all felony convictions trigger charges under California Penal Code § 29900 PC — only certain serious or violent offenses listed in Penal Code § 29905 qualify. These include:
-
Murder or Attempted Murder
-
Robbery – Penal Code § 211
-
Rape or Sexual Assault – Penal Code §§ 261, 289
-
Kidnapping – Penal Code § 207
-
Assault with a Deadly Weapon (ADW) – Penal Code § 245(a)
-
Mayhem – Penal Code § 203
-
Carjacking – Penal Code § 215
These offenses are classified as “violent felonies” under California law. If you have a conviction for any of these crimes and are later found in possession of a firearm, PC 29900 makes it a separate felony — with more severe penalties than standard felon-in-possession laws.
Penalties for Possession of a Firearm by a Violent Felon in California
A violation of California Penal Code § 29900 is a felony, punishable by:
-
3, 5, or 7 years in California state prison
-
A strike under California’s Three Strikes Law
-
Lifetime loss of gun rights
-
Sentence enhancements if the case involves other firearm or gang-related charges
Mandatory Jail Time – Even If Probation Is Granted
Under Penal Code § 29900(c), even if probation is granted, the court must impose a mandatory minimum of six months in county jail.
The only exception is if the court finds that the case is “unusual” and that jail time would not serve the interests of justice. In such cases, the court must explicitly state its reasons on the record.
This provision makes PC 29900 significantly harsher than many other firearm offenses — and underscores the importance of having an experienced criminal defense attorney involved early in the process.
Legal Defenses to Penal Code § 29900 PC Charges in California
If you’ve been charged under Penal Code § 29900 for possessing a firearm after a violent felony conviction, several legal defenses may apply. Here are some of the most common:
You didn’t know the firearm was there
If someone else left the gun in your home, car, or personal space — and you genuinely didn’t know it was there — then you didn’t possess it knowingly. The law requires actual or constructive possession with knowledge, so this can be a strong defense in the right case.
You were trying to get rid of the gun safely
If you only had the firearm briefly and were trying to turn it over to law enforcement, that’s called “momentary possession.” The law recognizes exceptions when someone takes control of a weapon for the purpose of lawful disposal, especially in emergency situations.
You were falsely accused or misidentified
Mistaken identity, false reports, or being in the wrong place at the wrong time can all lead to wrongful arrests. If there’s no solid evidence connecting you to the weapon — like fingerprints, witness testimony, or surveillance — your attorney can push to have the case dismissed.
The Prior Felony Doesn’t Qualify Under PC § 29900
Not every felony conviction leads to prosecution under this law. The statute applies only to certain violent felonies listed under California law. If your prior offense isn’t on that list — or was later reduced, expunged, or reclassified — it may not support this charge, and your attorney can challenge its application.
Talk to a Los Angeles Gun Crime Lawyer
If you’re facing charges under Penal Code 29900 PC, you could be looking at years in prison and a strike on your record. These are not charges to take lightly. The sooner you speak with a skilled Los Angeles criminal defense attorney, the better your chances of building a strong defense.
At The Law Offices of Arash Hashemi, we have over 20 years of experience fighting serious firearm allegations across Los Angeles County. Attorney Arash Hashemi personally handles each case and is committed to protecting your rights, challenging the prosecution’s case, and securing the best possible result.
Schedule your free consultation today. Call our office directly or book online. We serve clients across Los Angeles, including Santa Monica, Beverly Hills, Culver City, and Westwood.
Schedule Your Consultation Today
📞 Phone: (310) 448-1529
📅 Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
📧 Email: Contact@hashemilaw.com
🏢 Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
⏰ Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling, including weekend appointments.
