California Penal Code 29905 PC lists all the violent crimes – such as rape and assault with a deadly weapon – that prohibit defendants who get convicted of them from possessing a firearm for life. Possessing a firearm after being convicted of a violent crime is a felony. Defendants granted probation are generally still required to serve at least six months in jail.
The full text of the statute reads as follows:
29905 (a) As used in this chapter, a violent offense includes any of the following:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape.
(4) Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(5) Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
(6) Lewd acts on a child under the age of 14 years.
(7) Any felony punishable by death or imprisonment in the state prison for life.
(8) Any other felony in which the defendant inflicts great bodily injury on any person, other than an accomplice, that has been charged and proven, or any felony in which the defendant uses a firearm which use has been charged and proven.
(9) Attempted murder.
(10) Assault with intent to commit rape or robbery.
(11) Assault with a deadly weapon or instrument on a peace officer.
(12) Assault by a life prisoner on a noninmate.
(13) Assault with a deadly weapon by an inmate.
(14) Arson.
(15) Exploding a destructive device or any explosive with intent to injure.
(16) Exploding a destructive device or any explosive causing great bodily injury.
(17) Exploding a destructive device or any explosive with intent to murder.
(18) Robbery.
(19) Kidnapping.
(20) Taking of a hostage by an inmate of a state prison.
(21) Attempt to commit a felony punishable by death or imprisonment in the state prison for life.
(22) Any felony in which the defendant personally used a dangerous or deadly weapon.
(23) Escape from a state prison by use of force or violence.
(24) Assault with a deadly weapon or force likely to produce great bodily injury.
(25) Any felony violation of Section 186.22.
(26) Any offense enumerated in subdivision (a), (b), or (d) of Section 23515.
(27) Carjacking.
(28) Any offense enumerated in subdivision (c) of Section 23515 if the person has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417.
(b) As used in this chapter, a violent offense also includes any attempt to commit a crime listed in subdivision (a) other than an assault.
Legal Analysis
In California, defendants convicted of any of the violent crimes enumerated in PC 29905 are forbidden from owning, possessing, or carrying a gun. Even when people do not succeed in carrying out the crime, they would still be prohibited from having a gun if they get convicted of attempting a violent crime.1
Possession of a firearm by a person convicted of a violent crime is a felony in California. The sentence includes a jail sentence of:
- 16 months,
- two years, or
- three years.
The judge can grant probation and a suspended sentence. But defendants granted probation are still required to serve at least six months in jail unless the judge finds it would be against the interest of justice.2
Defendants charged with a violent crime may be able to avoid a lifetime gun ban if their attorney can persuade the prosecutor to reduce the charge or if the defendant gets an expungement. Once a defendant gets convicted of a violent crime, the only way to restore gun rights would be through a Governor’s pardon.3
If you are facing criminal charges, call our California criminal defense attorneys for help.
Legal References
- California Penal Code 29905 PC – Violent offense. See also People v. Hopkins (Cal. App. 6th Dist., 1992), 10 Cal. App. 4th 1699, 13 Cal. Rptr. 2d 451.
- PC 29900. People v. Sanchez (Cal. App. 6th Dist., 1989), 211 Cal. App. 3d 477, 259 Cal. Rptr. 294.
- PC 13730. PC 4852, et seq.