Penal Code 29800 PC is a California law that prohibits certain individuals from owning, purchasing, or possessing firearms. Specifically, the law prohibits individuals who have been convicted of certain crimes or who are subject to certain court orders from owning or possessing firearms.
Under Penal Code 29800 PC, it is illegal for the following individuals to own or possess firearms:
- Anyone who has been convicted of a felony offense
- Anyone who has been convicted of certain misdemeanor offenses, including domestic violence offenses, assault with a deadly weapon, and certain drug offenses
- Anyone who is addicted to narcotics
- Anyone who has been determined by a court to be a danger to themselves or others as a result of a mental disorder
- Anyone who has been the subject of a domestic violence restraining order, a protective order, or a temporary restraining order that prohibits them from owning or possessing firearms
It’s important to note that the law applies not only to firearms that the individual owns, but also to firearms that they borrow, lend, or otherwise have access to.
Penalties for Violating Penal Code 29800 PC
Violating Penal Code 29800 PC can result in serious criminal penalties, including fines and imprisonment. The penalties for violating the law depend on the specific circumstances of the case.
In general, the penalties for violating Penal Code 29800 PC can include:
- A fine of up to $1,000
- Imprisonment in county jail for up to one year
- Imprisonment in state prison for 16 months, two years, or three years
If the individual has a prior conviction for a felony offense, a violent offense, or a serious offense, the penalties for violating Penal Code 29800 PC can be much more severe. In some cases, the offense can be charged as a felony, which carries a potential sentence of up to three years in state prison.
Defenses to Violating Penal Code 29800 PC
There are several defenses that an individual may be able to use if they are charged with violating Penal Code 29800 PC. Some common defenses include:
- The individual did not know they were prohibited from owning or possessing firearms
- The individual did not actually own or possess firearms
- The individual was not properly served with a restraining order or protective order
- The firearms were found during an illegal search or seizure
It’s important to note that the specific defenses available in a particular case will depend on the facts and circumstances of the case. A qualified criminal defense attorney can help an individual understand their rights and options.
Conclusion
Penal Code 29800 PC is an important California law that prohibits certain individuals from owning or possessing firearms. Violating the law can result in serious criminal penalties, including fines and imprisonment. If you have been charged with violating Penal Code 29800 PC, it’s important to speak with a qualified criminal defense attorney as soon as possible to protect your rights and interests.