Penal Code 29825 PC - Firearm Possession in Violation of a Court Order
California Penal Code 29825 PC makes it a crime for someone to own, purchase, or possess a firearm when a court order prohibits them, even if the weapon is not operable. People get caught all the time with firearms or even ammunition. A lot of times, we see it happen at the firing range. Other times, they get arrested, and they have a gun.
It's crucial to understand that if you are under a court order or injunction that prohibits you from possessing a firearm, you're not just breaking the law; you're also violating the court's authority. The consequences of violating a court order can be severe, including fines, imprisonment, and a criminal record. The court orders that apply to PC 29825 include protective orders, restraining orders, injunctions, and temporary restraining orders (TRO).
These types of court orders, often issued in domestic violence cases, play a crucial role in maintaining safety. They are designed to prevent someone from harassing, stalking, or abusing a protected person who is an alleged victim. Sometimes, a search warrant is executed, and a gun is found.
There are various ways these cases come up when the court orders you not to own, use, or possess a gun, and then you get caught with it.
The full text of PC 29825 says, "(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 under 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 in accordance with 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 under 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 under Section 136.2 or 646.91 of this code, a protective order issued under 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.
(c) If probation is granted upon conviction of a violation of this section, the court shall impose probation consistent with Section 1203.097.
(d) The Judicial Council shall provide notice on all protective orders issued within the state that the respondent is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm while the protective order is in effect. The order shall also state that a gun owned or possessed by the person shall be relinquished to the local law enforcement agency for that jurisdiction, sold to a licensed firearms dealer, or transferred to a licensed firearms dealer under Section 29830 for the duration of the period that the protective order is in effect. That proof of surrender or sale shall be filed within a specified time of receipt of the order. The order shall state the penalties for a violation of the prohibition. The order shall also state the expiration date for relinquishment on its face."
Firearm Possession - Quick Facts
- Penal Code 29825 PC makes it a criminal offense to knowingly own, purchase, receive, or possess a firearm or even attempt to do so if you are under any court order or injunction that prohibits you from firearm possession. This includes any gun and ammunition for the weapon.
- Applicable court orders under PC 29825 included domestic violence protective orders, which automatically bar the respondent from possessing a firearm; criminal restraining orders, which are protective orders issued by the court versus those requested by a victim; and temporary restraining orders (TROs).
- For purposes of this law, a “firearm” refers to any device designed to be used as a weapon from which a projectile is discharged or expelled through the force of an explosion or other form of combustion. This definition is crucial for understanding the legal implications of firearm possession.
- “Possession” can be either actual or constructive. Actual possession is when you have physical control of the firearm, like if it's in your hands or a holster on your belt. Constructive possession is when you can access it, even if it's not on your person.
- You can be charged under PC 29825 even if the gun is not loaded or in working order, provided it was designed to shoot and appears functional.
- Under this law, attempting to gain possession of a firearm is treated like possessing it.
What Must the Court Order Say?
The order from the court must say that a firearm owned or possessed by the person shall be:
- Relinquished to the local law enforcement agency for that jurisdiction.
- Sold to a licensed firearms dealer, or
- Transferred to a licensed firearms dealer under Section 29830 when the protective order is in effect.
- Proof of surrender or sale must be filed within a specified time of receipt of the order.
- The order must state the penalties for violating probation.
- The order must state the expiration date for relinquishment.
What Factors Are Considered by the Prosecutor?
Prosecutors consider guns dangerous, and they consider it very dangerous when somebody has a gun. They're going to look at why that person has a gun, such as the following:
- Why does that person have ammunition?
- Are they up to no good?
- Are they committing crimes?
- Are they about to commit a crime?
These evaluations are being done as they relate to violating a court order related to a gun. If a court tells you that you can't have a gun, a criminal court usually says that.
Sometimes, if you get a restraining order against you, it's a restraining order court. But if you violate Penal Code Section 29825 and possess a firearm violating a judge's order, you return before that judge.
Maybe you're on probation to that judge, and that judge will want to send you to prison; you need to get an attorney immediately and figure out whether you have a defense to this charge. If you don't have a defense, what mitigating factors can you present to the judge to avoid that prison sentence?
What Are the Related Crimes?
Several California laws are related to Penal Code 29825 possession of a firearm that violates a court order, such as the following;
- Penal Code 273.6 PC – violation of a restraining order.
- Penal Code 243.4(e)(1) PC – domestic battery.
- Penal Code 273.5 PC – corporal injury to a spouse.
- Penal Code 646.9 PC – stalking.
- Penal Code 29800 PC – felon in possession of a firearm,
- Penal Code 29805 PC – possess a firearm after a conviction.
What Are the Penalties for PC 29825?
Possessing a firearm violating a court order is a “wobbler” offense in California. This means it can be charged either as a misdemeanor or a felony, depending on the case details and your prior criminal record. The punishments include the following:
- If convicted of a misdemeanor, you could face a fine of up to $1000 and up to one year in county jail.
If convicted of a felony, you could face a fine of up to $1000 and 16 months, two or three years in state prison. - Any defendant in a PC 29825 case would have already lost their gun rights due to the judge's restraining order.
Suppose you are charged with a misdemeanor. In that case, you could get your firearm back after complying with the court order or completing the sentence. If convicted of a felony, you will lose all gun rights.
What Are the Defenses for PC 29825?
While facing charges of illegal firearm possession can be daunting, a California criminal defense attorney can use several strategies to contest these charges, as discussed below.
We can argue that there needed to be more knowledge of the court order. PC 29825 requires the defendant to be notified of the court order prohibiting them from firearm possession. If you can show that you were not adequately informed, you may be able to get the charges dismissed.
Perhaps we can argue that you were unaware of firearm presence. Maybe the firearm was in your home under someone else's ownership, and you had access to it, but you did not know it was there. If your attorney can present corroborating evidence, you may be able to get the charge dismissed.
We can argue momentary possession. It's a viable defense to claim that you only possessed the firearm momentarily to dispose of it and that you did not attempt to prevent law enforcement from confiscating it. The Hedding Law Firm is based in Los Angeles, CA.
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