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California Penal Code 29900 PC – Violent Felons With Firearms

May 30, 2022 Federal Criminal Attorneys

Penal Code 29900 PC states that “any person who is convicted of a felony specified in subdivision (a) of Section 29800 and granted probation or a suspended sentence shall be required to serve a minimum term of six months in the county jail.”

This six-month jail requirement applies to felons who are convicted under any of the following laws:

Penal Code 29800 PC, California’s law against felons possessing firearms; Penal Code 25850 PC, California’s law against carrying concealed firearms; Penal Code 26100 PC, California’s law against carrying loaded firearms; or Penal Code 417.25 PC, California’s law against carrying a firearm on school grounds.

The court may dispense with this six-month jail requirement if it finds that there are unusual circumstances present in the case. But even if it does so, the court must still impose some form of punishment on the defendant for his crime. Examples include: house arrest with electronic monitoring or mandatory drug treatment programs.1

Examples

A man is convicted of felony possession of a firearm. He is granted probation and the court dispenses with the six-month jail requirement. Instead, it orders him to serve house arrest for six months.

A woman is convicted of carrying a concealed firearm on her person. She is granted probation and the court dispenses with the six-month jail requirement. Instead, it orders her to participate in a mandatory drug treatment program for six months.

Other Related Penal Codes

Penal Code 29900 PC – Possession of a Firearm on School Grounds [California’s gun laws]. (“(a) Except as provided in Section 30305, any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority…”)

Penal Code 29805 PC – Possession of ammunition on school grounds [California’s gun laws]. (“Except as provided in Section 30305 and in Title 6 (commencing with Section 60610) of Part 33, any person who possesses live ammunition upon the grounds of any public or private university or college campus without the written permission of the president or chancellor of that university or college…is guilty of an infraction punishable by a fine not to exceed five hundred dollars ($500).”)

Penal Code 30605 PC – Carrying firearms on your person [California gun laws]. (“(a)(1)(A) A person is guilty under this section if he or she does any one of the following: (i) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person. (ii) Carries within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.”)

Penal Code 30600 PC – Possession of an assault weapon [California gun laws]. (“(a)(1) Except as provided in paragraph (4), a person who possesses an assault weapon shall be punished by imprisonment in a county jail not exceeding one year.”)

Penal Code 30610 PC – Possession of large-capacity ammunition magazine [California gun laws]. (“(a)(1) Except as provided in paragraph (4), a person who possesses a large-capacity magazine shall be punished by imprisonment in a county jail not exceeding one year.”)

Penal Code 25850 PC – Carrying a loaded firearm on your person [California gun laws]. (“(a) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.”)

Penal Code 26350 PC – Carrying an exposed, unloaded handgun [California gun laws]. (“(a) Except as provided in Section 26700 and subdivision (b), as used herein, “firearm” means any pistol, revolver, shotgun with a barrel length less than 16 inches, rifle with a barrel length less than 16 inches, return-fire device, and any device specified as dangerous pursuant to Section 12276.1. (b) No person shall carry upon his or her person an exposed and unloaded handgun except within the citizen’s own premises.” )

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