Penal Code 29900 – The Jail Sentence for Ex-Felons with Firearms
In California, Penal Code 29900 makes it illegal for someone convicted of a felony to own or possess a firearm. This law comes with some pretty hefty punishments, including potential jail time. In this article, we’ll break down Penal Code 29900, look at the penalties, and discuss some of the issues around enforcing this law.
What Are the Penalties?
A violation of Penal Code 29900 is a “wobbler” offense. This means the prosecutor has discretion to charge it as either a misdemeanor or a felony. Factors like the defendant’s criminal history and the circumstances of the offense impact this decision.
If charged as a misdemeanor, the potential penalties are:
- Up to 1 year in county jail
- Up to $1,000 in fines
- Informal probation
But if charged as a felony, the possible punishments increase to:
- 16 months, 2 years or 3 years in state prison
- Up to $10,000 in fines
- Formal probation
Prosecutors tend to charge repeat offenders or those with lengthy criminal histories with felonies. First-time violations may be charged as misdemeanors depending on the circumstances.
Challenges with Enforcement
While Penal Code 29900 provides harsh punishments for ex-felons who illegally possess firearms, the law can be challenging to enforce. Police can’t simply show up at a felon’s house and search for guns without a warrant.
Often, police discover firearms during a search for other reasons – like a drug investigation. Or felons get caught with guns during traffic stops or other encounters with law enforcement. But unless police have probable cause for a search or seizure, there are limits on enforcing this law proactively.
Gun rights advocates argue this makes the law unfair. But proponents say it’s a necessary public safety measure, since research shows felons commit gun crimes at a higher rate than the general population.
Legal Defenses
Those charged under Penal Code 29900 have several legal defenses available:
- Lack of Knowledge – The defendant can argue they were unaware the firearm was present. For example, if it was left in their car or home by someone else.
- Momentary Possession – The defendant briefly possessed the weapon only to dispose of it or turn it over to police. This may apply if they took it from someone else to prevent violence.
- Self-Defense – Possessing the firearm was temporarily necessary for self-defense or defense of others.
- Inaccurate Records – The defendant’s felony conviction was dismissed, expunged, or reduced to a misdemeanor. So they were not actually prohibited from having a firearm.
An experienced criminal defense attorney can evaluate the facts of the case and determine if any of these defenses apply.
The Policy Debate
Penal Code 29900 has been controversial since its passage. Opponents argue it unfairly punishes felons after they’ve already served their time. They also say some felony convictions – like for non-violent drug crimes – shouldn’t result in a lifetime ban on gun ownership.
But supporters contend the law is necessary to keep guns out of the hands of dangerous individuals with a history of violence. They point to research showing higher rates of gun crime among felons as evidence this policy saves lives.
California lawmakers have repeatedly declined to loosen the restrictions. But a few states like Idaho allow some felons to petition to have their gun rights restored. The debate over balancing public safety and individual rights continues.
The Bottom Line
Getting convicted of a felony in California means losing your right to own or possess firearms – likely for life. Anyone who violates Penal Code 29900 faces serious criminal penalties, including potential prison time. The law remains controversial, but it is the current reality for convicted felons in the state.
Having an experienced criminal defense lawyer can help those facing charges under this statute. An attorney may be able to get charges reduced or dismissed if there are issues with the search or seizure. They can also advise on any available defenses that may apply given the unique circumstances of the case.
The loss of gun rights is one of the long-lasting consequences of a California felony conviction. Understanding Penal Code 29900 can help ex-felons avoid further legal troubles.