CALIFORNIA PENAL CODE 29810 PC – RELINQUISHMENT OF FIREARMS BY CONVICTED PERSONS

California Penal Code Section 29810 PC primarily deals with the relinquishment of firearms by individuals convicted of certain offenses. Specifically, upon conviction of a felony or certain misdemeanors, the defendant is required to surrender all firearms they own, possess, or control. The court provides the defendant with a Prohibited Persons Relinquishment Form, which must be completed and submitted within a specified timeframe, depending on the defendant’s custodial status.

Penal Code 29810 applies to individuals who have been convicted of any felony offense. Additionally, it also applies to individuals convicted of certain misdemeanors, including assault, battery, making criminal threats, and brandishing a weapon.
To illustrate, a conviction for petty theft would not mandate surrendering firearms. However, a felony embezzlement conviction would require the individual to relinquish their firearms in compliance with the law.

California Penal Code 29810 states that:

(a) (1) Upon conviction of any offense that renders a person subject to Section 29800, 29805, or 29815, the person shall relinquish all firearms they own, possess, or have under their custody or control in the manner provided in this section within 48 hours of the conviction if the defendant remains out of custody or within 14 days of the conviction if the defendant is in custody.

(2) The court shall, upon conviction of a defendant for an offense described in subdivision (a), instruct the defendant that they are prohibited from owning, purchasing, receiving, possessing, or having under their custody or control, any firearms, ammunition, and ammunition feeding devices, including, but not limited to, magazines, and shall order the defendant to relinquish all firearms in the manner provided in this section. The court shall also provide the defendant with a Prohibited Persons Relinquishment Form developed by the Department of Justice.

(3) Using the Prohibited Persons Relinquishment Form, the defendant shall name a designee and grant the designee power of attorney for the purpose of transferring or disposing of any firearms. The designee shall be either a local law enforcement agency or a consenting third party who is not prohibited from possessing firearms under state or federal law. The designee shall, within the time periods specified in subdivisions (d) and (e), surrender the firearms to the control of a local law enforcement agency, sell the firearms to a licensed firearms dealer, or transfer the firearms for storage to a firearms dealer pursuant to Section 29830.

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=29810.

ELEMENTS

Under California Penal Code 29810 PC, a person convicted of certain offenses must relinquish any firearms they own, possess, or control. The following elements must be proven to establish a crime under this statute:

• Conviction of a Qualifying Offense: The individual must have been convicted of a felony or specific misdemeanors that make them subject to firearm relinquishment. This is a fundamental requirement, as Penal Code 29810 only applies to those convicted of such crimes.

• Court Instructions: Upon conviction, the court must inform the defendant that they are prohibited from owning, possessing, or controlling firearms, ammunition, and magazines. Additionally, the court must provide the defendant with a Prohibited Persons Relinquishment Form.

• Failure to Relinquish Firearms: The defendant must then fail to comply with the court’s order to relinquish their firearms. This includes not surrendering the firearms to law enforcement, not selling them to a licensed dealer, or not transferring them to a firearms dealer for storage within the prescribed timeframe (48 hours if not in custody, 14 days if in custody).

• Failure to Submit Prohibited Persons Relinquishment Form: The defendant must fail to complete and submit the Prohibited Persons Relinquishment Form to the assigned probation officer within the required timeframe, which documents the relinquishment of firearms or declares that they have no firearms to relinquish.

EXAMPLE

John Doe, a 35-year-old resident of Los Angeles, was convicted of felony domestic violence under California Penal Code Section 273.5. As part of his sentencing, the court informed Doe that he was prohibited from owning, possessing, or controlling any firearms, ammunition, and magazines. The court provided Doe with a Prohibited Persons Relinquishment Form, instructing him to complete and submit it within 48 hours, detailing the surrender of any firearms he possessed.

Upon his conviction, Doe was given explicit instructions to relinquish his firearms. Despite the court’s orders, Doe failed to submit the Prohibited Persons Relinquishment Form within the required 48-hour period. Moreover, it was discovered during a routine probation check that Doe still had a firearm in his possession, which he had neither surrendered to local law enforcement nor sold to a licensed firearms dealer.

PENALTIES, PUNISHMENT, AND SENTENCING

If defendants fail to follow the firearm relinquishment process outlined in Penal Code 29810, they could be subject to significant penalties.

Failure to submit the necessary paperwork within the specified timeframe is considered an infraction and may result in a fine of up to $100.

Keeping possession of firearms beyond the deadline can lead to even harsher consequences. Individuals in this situation might face charges under Penal Code 29800, which forbids certain individuals from owning guns. Breaking this law constitutes a felony and could result in a prison sentence between 16 months to 3 years.

DEFENSES

There are several legal defenses available to contest charges of violating firearm relinquishment regulations under California Penal Code 29810. These include:

• No Conviction: If the accused has not been convicted of a criminal offense, they are not obliged to surrender their firearms. Charges that are dropped or lead to an acquittal negate the requirement for relinquishment.
• Unclear Court Instructions: The defense strategy can focus on the court’s lack of clarity regarding the relinquishment process. For example, the court must inform the accused about the prohibition against owning, possessing, or having firearms, ammunition, and magazines while also providing them with a Prohibited Persons Relinquishment Form.
• Good Cause for Delay: There may be legitimate reasons for the accused’s delay in submitting the relinquishment order, like due to illness or hospitalization, which can serve as a valid defense.
• Mistake of Fact: In cases where the defendant genuinely believes that they have no firearms to surrender due to reasons such as prior sale, loss, or theft of the firearms, it’s possible to make a Mistake of Fact defense.

IMMIGRATION CONSEQUENCES

Penal Code 29810 came into existence as a result of Proposition 63, which was passed in 2016. The law has been effective from January 2018 and its recent implementation has raised some intriguing questions regarding constitutional rights and immigration matters.

In particular, complying with PC 29810 may present challenges related to the Fourth Amendment and Fifth Amendment protections outlined in the U.S. Constitution, depending on the specific details of a case.

Moreover, there are a few immigration issues stemming from the Prohibited Persons Relinquishment Form. These concerns may relate to the type of questions asked and information requested.

Given the aforementioned matters, it is essential to work with a proficient criminal defense lawyer to ensure full protection while adhering to PC 29810.

If you or someone you know is charged with this crime, it is strongly advisable that you also consult with an immigration lawyer. If you do not have or know of an immigration lawyer, the Tabibnia Law Firm can refer you to one.

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

Regarding expungement, California law does allow for the expungement of criminal records under certain conditions, but Section 29810 PC itself does not address expungement directly. Expungement in California is generally governed by Penal Code Section 1203.4. Under this statute, individuals convicted of a crime can petition the court to have their conviction dismissed after completing their sentence and fulfilling certain other requirements. This relief can remove some of the barriers created by a conviction, such as difficulties in obtaining employment.

For those affected by firearm relinquishment under Section 29810, expungement could potentially restore their right to possess firearms, provided they meet all other legal requirements and are not subject to any other prohibitions. However, this is a complex legal area, and consulting with a Los Angeles expungement attorney is advisable to navigate the specifics of expungement and its effects on firearm rights.

RELATED CRIMES

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

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

At Tabibnia Law Firm, our focus is on handling cases involving firearm relinquishment for individuals with criminal convictions. Our approach is straightforward: we thoroughly review the details of your conviction, ensure that you were given clear instructions by the court, and verify your compliance with the relinquishment process. Additionally, we explore potential defenses such as the absence of a valid conviction, unclear court instructions, legitimate reasons for any delays, and cases of mistaken firearm ownership.

Understanding the gravity of these charges, our goal is to provide swift and unwavering legal representation. If you are dealing with issues related to firearm relinquishment, we encourage you to contact Cyrus Tabibnia for expert legal assistance. You can reach out to our Los Angeles Criminal Defense Attorney by calling 866-713-2159.

Legal Sources:

• Firearms Q&As
• Bureau of Firearms
• National Instant Criminal Background Check System (NICS)
• Findlaw
• Casetext – CoCounsel
• California Penal Code 29810(a)(1) PC. “Certain misdemeanors” refers to convictions under California Penal Code sections 240, 241, 242, 243, 244, 245, 246.3, 273.5, 273.6, 417, 422, and 646.9.
• California Penal Code 29810(a)(2) PC.
• California Penal Code 29810(a)(3) PC.
• California Penal Code 29810(a)(3) PC. AB 732.
• California Penal Code 29810(e) PC.
• California Penal Code 29810(d) PC. AB 732.
• California Penal Code 29810(h) PC.
• California Penal Code 29810(c)(5) PC.
• California Penal Code 29810(h).
• California Penal Code 25400 PC.
• California Penal Code 25400(c)(7).
• California Penal Code 29800 PC.
• California Penal Code 246.3 PC.
• Judicial Council of California Criminal Jury Instructions (“CALCRIM”) 970.
• California Penal Code 246.3 PC.