Understanding California Penal Code 29905 – Violent Offenses That Lead to a Lifetime Firearms Ban
In California, Penal Code 29905 PC lists out all the violent crimes that can lead to a lifetime ban on owning or possessing firearms if convicted. This law prohibits people convicted of certain violent offenses like rape, robbery, and assault with a deadly weapon from legally owning guns for the rest of their life.
While this may seem harsh to some folks, the goal is to enhance public safety by keeping guns out of the hands of proven violent offenders. However, for anyone facing charges under PC 29905, the consequences can be severe with up to 3 years in jail if convicted of unlawful possession of a firearm.
In this article, we’ll break down California’s law on violent offenses and firearm bans so you understand how it works, the full list of applicable crimes, penalties, and possible defenses if accused of violating it.
Overview of California Penal Code 29905 PC
California Penal Code 29905 PC states that individuals convicted of a violent crime enumerated in the law are prohibited from owning or possessing any kind of firearm for life. Some key notes on this statute:
- It applies to all types of firearms including handguns, rifles, shotguns, assault weapons, etc. No exceptions.
- The ban is lifetime – there is no time limit or expiration on the prohibition.
- Merely being convicted of a qualifying violent offense triggers the ban. It applies regardless of how long ago the conviction occurred.
- The law prohibits owning, purchasing, receiving, possessing, or having custody/control of a firearm.
- Violating the prohibition is a felony punishable by 16 months, 2 years, or 3 years in state prison.
So in a nutshell, PC 29905 imposes a permanent gun ban on violent felons in the interest of public safety. While federal law also prohibits certain criminals from owning guns, California’s law casts a wider net by including more offenses.
Violent Offenses That Trigger a Lifetime Firearms Ban
Not all crimes will trigger a gun ban under Penal Code 29905. Rather, the law only applies to certain violent offenses specifically enumerated in the statute. Here is the full list of violent crimes that will lead to a lifetime prohibition on owning firearms if convicted:
- Murder or voluntary manslaughter
- Mayhem
- Rape
- Sodomy by force
- Oral copulation by force
- Lewd acts on a child under 14
- Any felony punishable by death or life imprisonment
- Any felony with infliction of great bodily injury
- Any felony with firearm use
- Attempted murder
- Assault with intent to commit rape or robbery
- Assault on a peace officer with a deadly weapon
- Assault by a life prisoner on a non-inmate
- Assault with a deadly weapon by an inmate
- Arson
- Exploding a destructive device to injure, cause great bodily injury, or murder
- Robbery
- Kidnapping
- Taking a hostage in prison
- Attempting crimes punishable by death or life imprisonment
- Any felony with personal use of a deadly weapon
- Escape from prison by force or violence
- Assault likely to produce great bodily injury
- Any felony street gang crime
- Carjacking
- Any offense requiring sex offender registration
If you are convicted of any of the above violent felonies, you will face a lifetime ban on owning firearms in California. The prohibition also applies if you are convicted of attempting to commit any of these crimes (except assault).
Penalties for Violating California’s Firearm Ban
Under Penal Code 29800 PC, it is a felony offense for anyone convicted of a violent crime to own, possess, purchase or receive a firearm in California. The potential sentences for unlawful possession of a firearm by a prohibited person are:
- 16 months, 2 years, or 3 years in California state prison
- Up to $10,000 in fines
If probation is granted instead of prison, defendants are required by law to serve at least 6 months in county jail. The judge can make an exception to the mandatory jail time if they determine it would not serve justice.
Legal Defenses to Violating PC 29905
If you are accused of unlawfully possessing a firearm after a violent felony conviction, a skilled California criminal defense lawyer can often build a solid legal defense to contest the charges. Some common defenses in these cases include:
- You did not knowingly possess the gun – For example, the firearm was left in your house or car by someone else without your knowledge.
- The gun was inoperable – You possessed a firearm that was broken or permanently disabled from firing.
- You reasonably believed the conviction was expunged – For instance, you successfully completed probation and petitioned to have your conviction dismissed and believed it was expunged from your record.
- Wrongful conviction – You were wrongfully convicted of the prior offense that triggered the gun prohibition.
An experienced criminal defense attorney can evaluate the details of your case and determine whether any viable defenses may apply to get the charges reduced or dismissed.
Restoring Gun Rights After a Violent Felony in California
Once convicted of a violent offense under PC 29905, the firearm prohibition is permanent in California. However, there are a couple options to regain gun rights:
- Governor’s Pardon – You can request a full pardon from the California Governor. If granted, this will restore all civil rights lost upon conviction, including firearm rights.
- Out-of-State Transfer – You can move to another state where your violent conviction does not trigger a gun ban. However, federal law may still prohibit you from purchasing guns.
An experienced criminal defense attorney can guide you through the pardon application process or issues with moving out of state after a felony conviction.
Hiring an Attorney for Violent Offenses and Gun Charges
Being accused of unlawful possession of a firearm is a very serious matter with severe penalties if convicted. An experienced criminal defense lawyer can protect your rights at every stage by:
- Fighting to get charges reduced or dismissed where possible
- Asserting all viable defenses in your case
- Negotiating with prosecutors for plea bargains and reduced sentencing
- Guiding you through the complex process of restoring gun rights
Before discussing your case with police or prosecutors, be sure to consult with a qualified criminal defense attorney. They can often intervene early in the process to protect your rights and avoid the devastating consequences of a conviction.
Key Takeaways on California’s Laws on Violent Offenses and Firearms Bans
- Penal Code 29905 PC imposes a lifetime firearms ban on violent felons in California.
- The law enumerates a list of violent crimes like rape, robbery, and assault that trigger the gun prohibition if convicted.
- Unlawfully possessing a gun after a violent conviction is a felony with up to 3 years in prison.
- Hiring an experienced criminal defense attorney early on can help fight the charges and preserve your gun rights.
- Restoring firearm rights after a violent felony requires a Governor’s pardon or moving out of state in most cases.
The consequences for violating California’s law banning violent felons from having guns can completely change your life. Protect yourself by learning the intricacies of Penal Codes 29905 and 29800. And be sure to consult with a qualified criminal defense lawyer if facing charges.