California Penal Code 29805 – Firearm Prohibition Rules
Who does California ban from owning a gun? California Penal Code 29805 prohibits firearm possession by convicted felons, people with certain restraining orders, and those with specific mental health histories. Our article gives a clear summary of these prohibition rules, outlines the penalties for violations, and provides simple steps to check your own status so you can stay compliant and avoid criminal charges.
California Penal Code 29805: Firearm Prohibition Rules
California Penal Code 29805 makes it illegal for some people to own or hold a gun for ten years after a certain misdemeanor conviction. This rule keeps guns away from people who showed they could hurt others, even if the crime was not a felony.
The law lists specific misdemeanors that trigger the ban, such as assault, battery, or domestic violence. If you are convicted of one of these crimes, you must stay away from firearms until the ten year period ends.
Who Gets Caught by the Ten Year Ban
The ban applies to adults and some minors tried as adults who are found guilty of a listed misdemeanor. The clock starts on the date of conviction, not the date of arrest or release from jail.
Here are a few crimes that can lead to a PC 29805 prohibition:
- Misdemeanor assault (PC 240/241)
- Misdemeanor battery (PC 242)
- Domestic battery (PC 243(e)(1))
- Brandishing a weapon (PC 417)
PC 29805 is a bright line rule: a listed misdemeanor conviction means no guns for a decade.
If you already owned a gun before the conviction, you must sell it, store it with someone allowed, or turn it in to law enforcement. Keeping it at home is not allowed and can bring new charges.
What Happens If You Break the Rule
Breaking the firearm ban is a felony in California. You could face up to three years in state prison and fines. The table below shows the basic compare of the old right and the new restriction.
| Before Conviction | After PC 29805 Conviction |
|---|---|
| Can buy or own rifle, shotgun, handgun | Cannot possess any firearm for 10 years |
| Must pass normal background check | Automatic deny on background check |
If you think the ban was a mistake, you may ask a court to reduce the conviction or seek expungement later. A lawyer can help you check if your misdemeanor counts under the code.
Stay safe and learn the rules early. Knowing the list of crimes and the ten year timer helps you avoid big trouble and plan your future.
Who PC 29805 Bars From Gun Ownership
California Penal Code 29805 stops certain people from having a gun for ten years after a misdemeanor conviction. If you are found guilty of one of the listed misdemeanors, the state says you cannot buy, own, or hold a firearm during that time.
This law keeps guns away from people who have shown they may hurt others, even if the crime was not a felony. The rule applies to adults and some juveniles tried as adults. Knowing which convictions trigger the ban helps you learn your rights and what to do next.
What Crimes Trigger the Ban
PC 29805 lists many misdemeanors that lead to a 10-year gun ban. These crimes often involve violence, threats, or weapon misuse. Below are common examples that the law covers:
- Assault or battery (PC 240, 241, 242)
- Battery with injury (PC 243)
- Sexual battery (PC 243.4)
- Corporal injury to a spouse or partner (PC 273.5)
- Stalking (PC 646.9)
- Criminal threats (PC 422)
- Negligent shooting or discharge of a firearm (PC 246.3)
If your conviction matches any of these, you are barred from gun ownership for a decade. The clock starts on the date the court enters the conviction, not the date of arrest.
Every person convicted of a misdemeanor enumerated in Section 29805 shall not own or possess a firearm for 10 years.
Many people think a misdemeanor is no big deal, but this law makes it serious for gun rights. If you are unsure about your record, check with a lawyer or use the California courts portal to see your case status.
A good tip is to set a reminder for the day your ban ends. After ten years, you can again buy a gun if no other laws stop you.
Misdemeanors That Trigger the Ban
Under California Penal Code 29805, some misdemeanor convictions can take away your gun rights for up to ten years. This law says that if you are found guilty of certain crimes, you cannot own, buy, or hold a firearm during that time.
The banned misdemeanors are not just any small offense. They include crimes where someone gets hurt or threatened, or where a weapon is used in a reckless way. Knowing which charges count helps you avoid surprises and plan your defense with a lawyer.
Common Misdemeanors on the List
Below are examples of misdemeanors that trigger the firearm ban under PC 29805. If you are convicted of any of these, the 10-year ban starts right away:
- Domestic battery (Penal Code 243(e)(1))
- Simple assault (Penal Code 240)
- Battery (Penal Code 242)
- Brandishing a weapon (Penal Code 417)
- Stalking (Penal Code 646.9)
- Criminal threats (Penal Code 422)
Each case is different, but the rule is clear: a guilty verdict for these charges means no guns for a decade. A judge may also add other conditions, so check your court papers.
Some people learn about the ban only when they try to buy a gun. This can lead to denied applications and more legal trouble.
A misdemeanor conviction under PC 29805 starts a 10-year timer during which you cannot possess a firearm.
That timer does not pause, even if you move to another state. Federal law may also apply, making it risky to ignore the state rule.
Here is a quick look at the ban period for a few offenses:
| Offense | Ban Length |
|---|---|
| Domestic battery | 10 years |
| Assault | 10 years |
| Brandishing weapon | 10 years |
If you have questions about your own record, talk to a lawyer who knows California gun laws. Early steps can save you from big problems later.
Duration of the Firearm Restriction Under California Penal Code 29805
California Penal Code 29805 sets a clear time limit for people who are convicted of certain misdemeanor crimes. The law says they cannot own or hold a gun for ten years from the date of their conviction. This rule helps keep communities safe while giving the person a chance to regain rights later.
The ten-year firearm restriction is not forever, but it is long. If you are subject to this ban, you must wait the full decade before you can legally buy or possess a firearm again. The clock starts on the day the judge sentences you, not the day you are arrested.
Key Facts About the 10-Year Gun Ban
Many people ask how the firearm restriction is counted. The law is simple: the ban lasts exactly ten years. After that, your right to own a gun returns automatically in most cases. You do not need to file special papers unless a different law applies.
Some crimes lead to this ban. The list includes misdemeanor assault, battery, and certain drug offenses. See the table below for examples.
A person convicted under Penal Code 29805 must wait 10 years before owning a gun again.
The following table shows a few misdemeanors and the firearm ban length. All carry the same ten-year rule under this code section.
| Misdemeanor Offense | Firearm Ban Duration |
|---|---|
| Assault (PC 240) | 10 years |
| Battery (PC 242) | 10 years |
| Domestic battery (PC 243(e)(1)) | 10 years |
If you live with the ban, plan ahead. Mark your calendar ten years from your conviction date. After that day, you may apply for a firearm if no other rules stop you. Always check with a lawyer to be safe.
Here are simple steps to track your restriction:
- Write down your conviction date.
- Add ten years to that date.
- Do not touch guns before that day.
- Ask a lawyer if you are unsure.
Penalties for Illegal Possession
Under California Penal Code 29805, any prohibited person who owns, purchases, receives, or possesses a firearm after a qualifying misdemeanor conviction commits a felony. The statute imposes strict criminal liability regardless of whether the individual intended to violate the firearm ban.
A conviction carries a state prison sentence of 16 months, two years, or three years and a fine up to $10,000. Beyond incarceration, a felony record results in permanent loss of firearm rights and significant personal and professional repercussions.
Reference Sources
- California Courts – courts.ca.gov
- California Legislative Information – leginfo.legislature.ca.gov
- U.S. Department of Justice – justice.gov