Penal Code § 29810 PC – Relinquishment of Firearms by Convicted Persons

California Penal Code § 29810 PC requires you to relinquish all firearms that you own, possess, or control if you are convicted of a felony (as well as certain misdemeanor offenses).

The language of the code section reads as follows:

29810. (a) For any person who is subject to Section 29800 or 29805, the court shall, at the time judgment is imposed, provide on a form supplied by the Department of Justice, a notice to the defendant prohibited by this chapter from owning, purchasing, receiving, possessing, or having under custody or control, any firearm. The notice shall inform the defendant of the prohibition regarding firearms and include a form to facilitate the transfer of firearms.

(b) Failure to provide the notice described in subdivision (a) shall not be a defense to a violation of this chapter.

Defenses

Luckily, there are several legal defenses you can raise if you fail to comply with Penal Code 29810 PC. These include showing that you were:

• not convicted of a crime;
• not properly instructed by the court; and/or,
• late in relinquishment because of good cause.

Penalties

If you do not take the appropriate steps, in time, to relinquish your firearm(s), you are guilty of an infraction. The offense is punishable by a maximum fine of $100.

Further, if there is no relinquishment, you may be guilty of the unlawful possession of a firearm, and could be penalized under Penal Code 29800 PC, which prohibits firearm access for certain people.

Our California criminal defense attorneys will discuss the following in this article:

• 1. Do I have to give up my guns if I am convicted of a crime?
• 2. Legal Defenses to PC 29810 Violations
• 3. Penalties, Punishment, and Sentencing
• 4. Related Offenses
• Additional resources

1. Do I have to give up my guns if I am convicted of a crime?

In some cases, yes. California Penal Code 29810 PC states that if you are convicted of a felony, or a certain misdemeanor, you must identify and relinquish all firearms that you

1. own,
2. possess, or
3. have control over.¹

In addition to stating this general rule, PC 29810 sets forth the procedures you must follow to relinquish any firearms legally.

The important items regarding these procedures include:

• Upon conviction of a felony, or a certain misdemeanor, the court must instruct you that you are prohibited from owning, possessing, or possessing any firearms, ammunition, or magazines.²
• The court must provide you with a Prohibited Persons Relinquishment Form, developed by the Department of Justice.³
• Using this form, you must identify any firearms, ammunition, or magazines that you have; and, you must designate a local law enforcement agency, or a third party, to relinquish them.⁴
• If you designate a law enforcement agency, the agency has to take control of the items identified.
• If you designate a third party, the third party has to either:

1. Relinquish any items identified to local law enforcement; or,
2. Store the items with a licensed dealer.⁵

If you are in custody following conviction, you must complete the Prohibited Persons Relinquishment Form and submit it within 14 days.⁶ If you are not in custody, you must complete and submit it within 48 hours.⁷

Constitutional and Immigration Issues with California Penal Code 29810 PC

Penal Code 29810, as it currently reads, resulted from Proposition 63 (passed in 2016). The law went into effect in January of 2018. The relatively new law has raised some interesting constitutional and immigration issues.

For example, depending on the specific facts of a case, compliance with PC 29810 may raise issues involving your rights under the Fourth Amendment and Fifth Amendment to the U.S. Constitution.

In addition, there are a few immigration issues involving the Prohibited Persons Relinquishment Form. These issues have to deal with the nature of certain questions asked and the requested information.

Given these issues, it is critical to consult with a skilled criminal defense attorney so that you are fully protected when complying with PC 29810.

2. Legal Defenses

If you are accused of not complying with Penal Code 29810, you can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed. Please note, though, that it is essential to hire an attorney for the best defense.

Three common defenses to accusations of not complying with PC 29810 are:

1. No conviction;
2. Improper instructions; and/or,
3. Good cause.

No conviction

Penal Code 29810 only applies if you have been convicted of a felony or a certain misdemeanor. Therefore, you do not have to relinquish a firearm if you are never convicted of a crime. Further, you do not have to relinquish a firearm if you are charged with a crime. Conviction, beyond a reasonable doubt, is necessary to trigger relinquishment.

Improper Instructions

Recall that some of the initial steps within the relinquishment process are that the court must:

• Instruct you that you are prohibited from owning, possessing, or having any firearms, ammunition, and magazines; and,
• Provide you with a Prohibited Persons Relinquishment Form.

This means that if the court never provides these instructions, or does not provide a form, you may have a defense to a charge under PC 29810. The same may hold if the court provides the same but is unclear in doing so.

Good Cause

Remember that you have 48 hours or 14 days to complete and submit a Prohibited Persons Relinquishment Form, depending on your custodial status. You may complete the form but may fail to complete it on time. If this happens, you may ask the court for additional time to complete the form by showing some good cause for a time extension.⁸

3. Penalties, Punishment, and Sentencing

If you do not timely complete and submit a Prohibited Persons Relinquishment Form, you are guilty of an infraction. The offense is punishable by a maximum fine of $100.⁹

Further, if you fail to relinquish a firearm, then you may be guilty of the unlawful possession of a firearm.¹⁰ If so, you could get penalized under Penal Code 29800 (discussed below).

4. Related Offenses

There are three laws related to Penal Code 29810. These are:

1. Carrying a concealed weapon – PC 25400;
2. Felon with a firearm law – PC 29800; and,
3. Negligent discharge of a firearm – PC 246.3.

Carrying a Concealed Weapon – PC 25400

Penal Code 25400 PC, California’s carrying a concealed weapon law, makes it a crime to carry a concealed firearm on your person or in your vehicle.¹¹

This law applies to both loaded and unloaded firearms.

Further, you must know that you are concealing a gun to be guilty under PC 25400.¹²

Absent aggravating circumstances, carrying a concealed firearm is a misdemeanor. If convicted of this misdemeanor, you may be punished with:

• Up to one year in a county jail; and/or,
• A maximum fine of $1,000.¹³

A PC 25400 violation can be charged as a felony if certain aggravating circumstances exist (for example, you have a prior conviction of a California firearm offense).

Felon with a Firearm Law – PC 29800

California Penal Code 29800 PC prohibits you from owning guns or ammunition if you:

1. have been convicted of a felony offense,
2. have been convicted of certain misdemeanors, or
3. are addicted to any narcotic drug.¹⁴

Unlawful firearm possession under California Penal Code 29800 PC is a felony. The crime is punishable by:

• Imprisonment in the county jail for 16 months, two years, or three years; and/or
• A maximum fine of $10,000.¹⁵

You may also have to forfeit your gun.¹⁶

Negligent Discharge of a Firearm – PC 246.3

Under California Penal Code 246.3 PC, you commit the crime of “negligent discharge of a firearm” if you:

1. Willfully discharge a firearm;
2. In a grossly negligent manner; and,
3. The act could have caused someone’s injury or death.¹⁷

It may sound as if the crime of “negligently discharging a firearm” includes accidentally shooting a gun. However, this is not the case. You commit the crime of PC 246.3 if you willfully—that is, intentionally—pull the trigger.¹⁸

Negligently firing a gun is known as a “wobbler” under California law. A wobbler is an offense that can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, negligent discharge carries a maximum county jail sentence of one year.¹⁹

If charged as a felony, negligent discharge can lead to sixteen months, two years, or three years in county jail.²⁰

Additional resources

For more information, refer to the following:

• Gun Safety Rules – National Rifle Association
• Firearms Q&As – Bureau of Alcohol, Tobacco, Firearms and Explosives
• Handguns Certified for Sale – California Attorney General
• Bureau of Firearms – California Department of Justice
• National Instant Criminal Background Check System (NICS) – Federal Bureau of Investigation

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