Penal Code 29825: Possession of a Firearm in Violation of a Court Order Laws in California

I. PC 29825: Possession of a Firearm in Violation of a Court Order

Legal Definition:

(a) A person who purchases or receives, or attempts to purchase or receive, a firearm knowing that the person is prohibited from doing so in any jurisdiction by a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, a protective order as defined in Section 6218 of the Family Code, a protective order issued pursuant to Section 136.2 or 646.91 of this code, a protective order issued pursuant to Section 15657.03 of the Welfare and Institutions Code, or by a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a temporary restraining order, injunction, or protective order specified in this subdivision, that includes a prohibition from owning or possessing a firearm, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

(b) A person who owns or possesses a firearm knowing that the person is prohibited from doing so in any jurisdiction by a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, a protective order as defined in Section 6218 of the Family Code, a protective order issued pursuant to Section 136.2 or 646.91 of this code, a protective order issued pursuant to Section 15657.03 of the Welfare and Institutions Code, or by a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a temporary restraining order, injunction, or protective order specified in this subdivision, that includes a prohibition from owning or possessing a firearm, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

To be found guilty under PC 29825 the prosecution must prove that you:

1. You owned/purchased/received/possessed a firearm;
2. You knew that you owned/purchased/received/possessed a firearm;
3. A court had ordered that you not own/purchase/receive/possess a firearm

AND

4. You knew about this Court Order/Restriction

II. What does this mean?

A firearm is any device designed to be used as a weapon, from which a projectile is expelled or discharged through a barrel by the force of an explosion or other form of combustion. A firearm does not need to be in working order if it was designed to shoot and appears capable of shooting. Two or more people may possess something at the same time. A person does not have to actually hold or touch something to possess it.

A common example in this circumstance is a person has been previously ordered by a Court to not have a firearm. Their spouse gets a firearm, and they together keep it in the safe. If you, as the person is forbidden from having or possessing the firearm have access to that lock, knowing the combination, then you can be charged under this section. It is not enough to say that the firearm is not owned by you, but by your spouse instead. If you have access to it and maintain control over it or the right to control it, that sufficient for a conviction.

An example of a Court Order here would be a Restraining Order. If you have a Restraining Order, you cannot own or possess a firearm during the time that the Order is valid. This means also if you are only served with a Temporary Restraining Order, with a future hearing pending, that is still a crime under this section, whether the order is temporary or permanent.

III. Penalties

A violation under PC 29825 is a wobbler offense in California. This means you can be charged with this section as a misdemeanor or as a felony offense. Whether you are charged with a felony or a misdemeanor is based on your criminal history and the specific facts of your case. If you are convicted of this charged as a felony, you could be sentenced to State Prison for up to 16 months, 2 or 3 years. If you are convicted of this section as a misdemeanor you could be sentenced up to one year in County Jail. You would have to serve at least 50% of that time in custody. You would also lose your firearm, and be subjected to hefty fines up to $1,000 for a conviction.

This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC 290. You could also face a loss of your Professional License if convicted, and if you are not a legal resident, you could face Deportation in Immigration Court since this crime can be considered an aggravated felony with the use of a firearm.

IV. Common Defenses

1. Statute of Limitations
2. Violation of Rights
3. Insufficient Evidence
4. Coerced Confessions

A person cannot be convicted under this section for a momentary possession of the firearm. A person possesses the firearm for a transitory period when they had possessed the firearm in order to abandon or dispose of or destroy it, and they did not intend to prevent law enforcement officials from seizing the firearm. If your attorney is able to argue this, then there would be a lack of sufficient evidence to prove you guilty of this charge, and you can earn a dismissal of your case.

In addition to this, you can also defend against this charge if you are able to show a justifiable possession of the firearm. To show that, you must show that you took the firearm from a person who was committing a crime against you, you had possessed that firearm for no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency to dispose of that weapon, and if you were transporting that firearm to a law enforcement agency, you had given them prior notice that you would be delivering that firearm for the purposes of disposal. If your Ontario Criminal Defense Attorney can argue that you were simply taking the firearm after an attack, to defend yourself, then you can show there is insufficient evidence to find you guilty of this crime, and your case can be dropped.

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