Possession of Firearms by Juvenile Wards – An Overview of California Penal Code 29820 PC
In California, Penal Code 29820 PC prohibits violent offenders or drug offenders who were adjudged wards of juvenile court from possessing a firearm until they turn 30 years old. This law can have serious consequences for young adults with a juvenile record, so it’s important to understand what it covers.
What Does California Penal Code 29820 Prohibit?
Penal Code 29820 prohibits anyone who meets both of these conditions from owning or possessing a firearm until age 30:
- The person was alleged to have committed or was convicted of certain violent or drug offenses as a juvenile. This includes crimes like assault with a deadly weapon, shooting at an inhabited dwelling, and selling drugs.
- The person was subsequently adjudged a ward of juvenile court for committing one of those offenses.
So in simple terms, if you committed certain violent or drug crimes as a minor and were declared a ward of the court, you cannot legally possess guns until age 30.
The law applies to all types of firearms – handguns, rifles, shotguns, etc. It doesn’t matter if the gun is inoperable or broken. Simply having possession or control of a firearm is illegal under PC 29820.
What Are the Penalties?
Violating Penal Code 29820 is a wobbler offense, meaning it can be charged as either a misdemeanor or felony.
If charged as a misdemeanor, the crime is punishable by up to 1 year in county jail and/or a fine of up to $1,000.
If charged as a felony, the offense carries a state prison sentence of 16 months, 2 years, or 3 years and/or a fine up to $1,000.
In addition to jail time, the court will likely order forfeiture of the illegally possessed firearm.
How Does the Prosecutor Prove a Violation of PC 29820?
For a conviction under 29820 PC, the prosecution must prove the following elements beyond a reasonable doubt:
- The defendant possessed, owned, purchased, or had custody/control of a firearm, AND
- When the defendant possessed the firearm, they were under 30 years old, AND
- The defendant was previously adjudged a ward of juvenile court for committing a violent or drug offense listed in PC 29820(a).
The prosecution can use circumstantial evidence to prove possession – such as finding the gun in a car or room belonging to the defendant. But they must still prove the defendant knew about the firearm.
Legal Defenses to Challenge Penal Code 29820 Charges
Here are some examples of legal defenses that a California criminal defense lawyer may use to contest Penal Code 29820 charges:
- You didn’t knowingly possess the firearm – If the gun was found in your home or car but actually belonged to someone else, you can argue you didn’t have knowing possession.
- You reasonably believed you were over 30 – If you mistakenly but reasonably believed you were over 30 when you possessed the gun, you can argue you didn’t have criminal intent.
- You acquired the gun out of justifiable necessity – The law recognizes exceptions for possessing a firearm out of necessity – such as taking it from someone threatening harm.
- You were unlawfully searched – If the police found the gun through an illegal search, the evidence may be excluded.
- You were misidentified – Eyewitness misidentification is a common cause of false arrests.
- You were legally allowed to possess the gun – There are certain circumstances where juveniles can legally possess firearms, such as hunting or shooting competitions.
An experienced criminal defense attorney can evaluate the details of your case and decide the best defense strategy. Having skilled legal representation can make all the difference in the outcome.
Firearm Rights May Be Restored at Age 30
The firearm prohibition under Penal Code 29820 only lasts until age 30. On your 30th birthday, your right to purchase and possess firearms is restored under California law.
However, there are exceptions. If you were convicted of a felony as an adult or became prohibited for another reason, the prohibition continues past age 30. Getting your juvenile record sealed also does not restore your gun rights.
The restoration of rights at age 30 only applies to offenses covered by PC 29820. Speak to an attorney to understand how other convictions may impact your ability to own guns.
Speak to a Defense Lawyer Before Your Arraignment
Being charged with violating Penal Code 29820 can have devastating effects on your future if convicted. In addition to jail time, a criminal record makes finding a job and housing much more difficult.
The best defense is to consult with an attorney immediately if you are under investigation or have been arrested for unlawful possession of a firearm. An attorney can often intervene early in the case and try to get charges reduced or dismissed before you ever step foot in court.
Don’t wait until after you are charged – by then, it may be too late to avoid prosecution. Assert your rights and fight the charges with experienced legal help on your side.