(a)(1)Notwithstanding subdivision (a) of Section 29800, any person who has been previously convicted of any of the offenses listed in Section 29905 and who owns or has in possession or under custody or control any firearm is guilty of a felony.
(2)A dismissal of an accusatory pleading pursuant to Section 1203.4a involving an offense set forth in Section 29905 does not affect the finding of a previous conviction.
(3)If probation is granted, or if the imposition or execution of sentence is suspended, it shall be a condition of the probation or suspension that the defendant serve at least six months in a
county jail.
(b)(1)Any person previously convicted of any of the offenses listed in Section 29905 which conviction results from certification by the juvenile court for prosecution as an adult in adult court under the provisions of Section 707 of the Welfare and Institutions Code, who owns or has in possession or under custody or control any firearm, is guilty of a felony.
(2)If probation is granted, or if the imposition or execution of sentence is suspended, it shall be a condition of the probation or suspension that the defendant serve at least six months in a county jail.
(c)The court shall apply the minimum sentence as specified in subdivisions (a) and (b) except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or
execution of sentence without the imprisonment required by subdivisions (a) and (b), or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in subdivisions (a) and (b), in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by the disposition.
Notes of Decisions
Cited in
22
cases (
10 in the last 5 years), 2014–2025 · leading case:
People v. Henderson, 520 P.3d 116 (Cal. 2022).
People v. Henderson, 520 P.3d 116 (Cal. 2022).
“The information also alleged that defendant had possessed a firearm after being convicted of a violent felony (Pen. Code, § 29900, subd. (a)(1)), but the court dismissed this count on the People’s motion.”
United States v. John Daniels, 760 F.3d 920 (9th Cir. 2014).
“” Daniels faced charges for (1) being a convicted *922 felon in possession of a firearm, see CaLPenal Code § 29900(a)(1); (2) transporting marijuana, see Cal.”
Brewer v. Superior Court of Contra Costa Cnty., 16 Cal. App. 5th 1019 (Cal. Ct. App. 2017).
“FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged with possession of a firearm with a prior violent conviction ( Pen. Code, § 29900, subd. (a)(1), count 1) 1 ; manufacturing, importing, keeping for sale, or giving or receiving a large-capacity magazine (§ 32310, subd.”
People v. Silberman, No. F070893 (Cal. Ct. App. July 12, 2016).
· cites it 2× “Appellant Dustin Zachariah Silberman appeals his convictions on charges of possession of a firearm by one with a prior violent offense (Pen. Code, § 29900, subd. (a)/count 1) and possession of a controlled substance (Health & Saf.”
People v. Duckett, No. B248718 (Cal. Ct. App. July 10, 2014).
· cites it 3× “Duckett of possession of a firearm with a prior violent conviction (Pen. Code, § 29900, subd. (a)(1)), and the trial court thereafter found Duckett had suffered various alleged prior convictions, including a conviction for robbery in 1990 that qualified as a strike.”
People v. Washington, No. B266561 (Cal. Ct. App. Mar. 21, 2016).
“Defendant Todd Jerome Washington appeals from the judgment entered following his conviction by jury of possessing a firearm with a prior violent conviction, a felony (Pen. Code, § 29900, subd. (a)(1))1, and falsely identifying himself to a peace officer, a misdemeanor (§ 148.”
People v. Brown, No. B269794 (Cal. Ct. App. July 25, 2016).
“____________________________________ Appellant Darrell Allen Brown pled no contest to possession of a firearm by a convicted felon (count 1; Pen. Code, § 29900, subd. (a)(1));1 carrying a concealed firearm (count 2; § 25400, subd.”
Brewer v. Superior Court, No. A151584 (Cal. Ct. App. Nov. 6, 2017).
“FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged with possession of a firearm with a prior violent conviction (Pen. Code, § 29900, subd. (a)(1), count 1) 1; manufacturing, importing, keeping for sale, or giving or receiving a large-capacity magazine (§ 32310, subd.”
People v. Pierre, No. B297594 (Cal. Ct. App. Nov. 13, 2020).
“__________________________ A jury convicted defendant and appellant Eric Pierre of firearm possession with a prior violent felony conviction (Pen. Code, § 29900, subd. (a)(1) [count 1]);1 firearm possession by a felon (§ 29800, subd.”
People v. Fletes, No. B302032 (Cal. Ct. App. Nov. 19, 2020).
“_____________________________ A jury convicted Richard Randall Fletes of possession of a firearm by a felon (Pen. Code, § 29900, subd. (a)(1))1 and possession of ammunition by a person prohibited from owning a firearm (§ 30305, subd.”
In re Kavanaugh, 275 Cal. Rptr. 3d 696 (Cal. Ct. App. 2021).
“(a)), one count of possession of a concealed firearm as an individual with a prior violent felony conviction (Pen. Code, § 29900, subd. (a)(1)), and one count of making a criminal threat (Pen.”
People v. Vasquez, No. B315878 (Cal. Ct. App. Oct. 17, 2022).
“(Pen. Code, §§ 29900, subd. (a)(1), 30305 subd.”
Cal. Penal Code § 29900(a)(1): 1 case
United States v. John Daniels, 760 F.3d 920 (9th Cir. 2014).
“” Daniels faced charges for (1) being a convicted *922 felon in possession of a firearm, see CaLPenal Code § 29900(a)(1); (2) transporting marijuana, see Cal.”
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