California Penal Code 29820 PC prohibits violent offenders or drug offenders who were adjudged wards of juvenile court from possessing a gun until they turn 30 years old. Wrongful possession of a firearm before age 30 can be a misdemeanor or a felony, punishable by up to 3 years in prison and/or up to $1,000 in fines.
The full text of the statute reads as follows:
29820 (a) This section applies to a person who satisfies both of the following requirements:
(1) The person meets one of the following:
(A) The person is alleged to have committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code.
(B) The person was convicted of violating Section 11351 or 11351.5 of the Health and Safety Code by possessing for sale, or Section 11352 of the Health and Safety Code by selling, a substance containing 28.5 grams or more of cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 of, or cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054 of, the Health and Safety Code, or 57 grams or more of a substance containing at least 5 grams of cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 of, or cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054 of, the Health and Safety Code.
(C) The person was convicted of violating Section 11378 of the Health and Safety Code by possessing for sale, or Section 11379 of the Health and Safety Code by selling, a substance containing 28.5 grams or more of methamphetamine or 57 grams or more of a substance containing methamphetamine.
(D) The person was convicted of violating subdivision (a) of Section 11379.6 of the Health and Safety Code, except those who manufacture phencyclidine, or who is convicted of an act that is punishable under subdivision (b) of Section 11379.6 of the Health and Safety Code, except those who offer to perform an act that aids in the manufacture of phencyclidine.
(E) Except as otherwise provided in Section 1203.07, the person was convicted of violating Section 11353 or 11380 of the Health and Safety Code by using, soliciting, inducing, encouraging, or intimidating a minor to manufacture, compound, or sell heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054 of the Health and Safety Code, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 of the Health and Safety Code, or methamphetamine.
(F) The person was convicted of violating Section 11379.6, 11382, or 11383 of the Health and Safety Code with respect to methamphetamine, if the person has one or more prior convictions for a violation of Section 11378, 11379, 11379.6, 11380, 11382, or 11383 of the Health and Safety Code with respect to methamphetamine.
(G) The person was alleged to have committed an offense enumerated in Section 29805 an offense described in Section 25850, subdivision (a) of Section 25400, or subdivision (a) of Section 26100.
(2) The person is subsequently adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in paragraph (1).
(b) A person described in subdivision (a) shall not own, or have in possession or under custody or control, a firearm until the person is 30 years of age or older.(c) A violation of this section shall be 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.
(d) The juvenile court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. Notwithstanding any other law, the forms required to be submitted to the department pursuant to this section may be used to determine eligibility to acquire a firearm.
Legal Analysis
Juvenile offenders who are adjudged wards of the court for committing certain violent crimes or drug crimes face many long-term consequences in California. One consequence under PC 29820 is that they may not carry, own, or otherwise possess firearms until they reach 30 years old.1
In California, violating PC 29820 can be a misdemeanor or a felony (a “wobbler“). As a misdemeanor, possessing a gun prior to age 30 carries up to 1 year in jail and/or up to $1,000 in fines. As a felony, the maximum prison sentence is 3 years.2
Note that PC 29820 prohibits possession of all types of firearms, from pistols and revolvers to rifles and shotguns. It does not matter if the gun is broken or otherwise nonoperational. Also note that getting a juvenile record seal prior to turning 30 does not restore the person’s right to have firearms.3
If you are facing criminal charges, call our California criminal defense attorneys for help.
Legal References
- California Penal Code 29820 PC – Person committing specified offense and adjudged ward of court. People v. Snyder (1982) 32 Cal.3d 590, 186 Cal.Rptr. 485, 652 P.2d 42.
- PC 29820. People v. Jeffers (1996) 41 Cal.App.4th 917, 49 Cal.Rptr.2d 86.
- PC 29820. In re Joshua R. (Cal. App. 4th Dist., 2017), 212 Cal. Rptr. 3d 803, 7 Cal. App. 5th 864.