A domestic violence conviction in California carries serious and often permanent consequences. One of the most significant — and frequently misunderstood — consequences is the loss of firearm rights.
Many people assume that only felony convictions result in losing the right to own or possess a gun. That is not true. In California, even a misdemeanor domestic violence conviction can trigger a firearm prohibition under both state and federal law.
If you are facing charges, negotiating a plea, or dealing with the aftermath of a conviction, it is critical to understand how California gun laws apply to domestic violence cases and what options may exist to protect or restore your rights.
This guide explains how these laws work, who they affect, and what you need to know moving forward.
Why Domestic Violence Convictions Affect Gun Rights
Both California lawmakers and Congress have determined that domestic violence incidents involving firearms present a heightened risk of serious injury or death. As a result, strict firearm prohibitions apply to individuals convicted of certain domestic violence offenses.
These restrictions are automatic. They do not require a judge to specifically order them in many cases. Once a qualifying conviction occurs, firearm rights may be immediately restricted.
Understanding whether your case qualifies is essential — because violating a firearm prohibition can lead to new felony charges.
The Two Systems That Apply: Federal and California Law
Gun restrictions after a domestic violence conviction are governed by:
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Federal law
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California state law
Both systems can apply at the same time.
Federal Law
Under federal law, any person convicted of a “misdemeanor crime of domestic violence” is prohibited from possessing firearms or ammunition.
This applies even if:
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The conviction was a misdemeanor
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The person has no prior criminal history
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The sentence involved probation only
A qualifying misdemeanor domestic violence conviction under federal law generally requires:
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The use or attempted use of physical force (or a threat involving a deadly weapon), and
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The victim to be a spouse, former spouse, cohabitant, dating partner, co-parent, or similarly situated person
Importantly, this federal prohibition is typically lifetime unless the conviction is overturned, vacated, or rights are fully restored in a way recognized under federal law.
California Law
California law is often even more restrictive.
Under California Penal Code § 29800 and related statutes:
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A felony conviction results in a lifetime firearm prohibition.
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Certain misdemeanor domestic violence convictions trigger a 10-year firearm ban.
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Some specific domestic violence-related offenses may result in longer or permanent prohibitions.
In addition, California prohibits possession of both firearms and ammunition during the prohibition period.
If a person who is prohibited is found in possession of a firearm, they can face new felony charges — even if the original case was only a misdemeanor.
What Counts as a Domestic Violence Conviction?
Not every assault or battery charge qualifies as a “domestic violence” offense for firearm prohibition purposes. The key factor is the relationship between the parties.
The alleged victim must be someone such as:
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A spouse or former spouse
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A cohabitant or former cohabitant
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A person with whom the defendant shares a child
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A dating or engagement partner
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Certain close family members
Common charges that may trigger firearm restrictions include:
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Domestic battery
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Corporal injury to a spouse or cohabitant
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Criminal threats involving a domestic partner
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Violating a domestic violence protective order
Even a plea bargain can have serious firearm consequences depending on how the offense is classified.
This is why negotiating the correct charge — and understanding collateral consequences — is so important in domestic violence cases.
What About Restraining Orders?
You do not need a conviction to lose access to firearms.
In California, if a domestic violence restraining order is issued against you, firearm restrictions may apply immediately.
When a qualifying protective order is in place:
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You may be required to surrender firearms to law enforcement or sell them to a licensed dealer.
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You may be prohibited from purchasing or possessing firearms while the order remains active.
Violating a protective order firearm restriction can result in additional criminal charges.
These restrictions can begin before a criminal case is resolved, making early legal representation critical.
How Long Does the Gun Ban Last?
The duration of a firearm prohibition depends on the specific conviction:
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Misdemeanor domestic violence (state level): Typically 10 years in California
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Felony convictions: Lifetime prohibition
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Federal domestic violence misdemeanor prohibition: Often lifetime
Because federal and state law operate separately, a person may finish a California 10-year ban but still be prohibited under federal law.
This overlap creates confusion and legal risk. Before attempting to purchase or possess a firearm after any domestic violence conviction, it is essential to consult with an experienced attorney.
What Happens If You Violate the Prohibition?
Possessing a firearm while prohibited is a serious offense.
Potential consequences include:
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New felony charges
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State prison exposure
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Additional fines
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Extended firearm prohibitions
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Probation or parole violations
Even constructive possession — such as having access to a firearm in your home — may create legal exposure.
Ignorance of the law is not a defense. Courts will not excuse possession simply because a person did not understand that their misdemeanor conviction triggered a ban.
Can Gun Rights Be Restored?
Restoring firearm rights after a domestic violence conviction is difficult, but not always impossible. The available options depend on the type of conviction and whether state or federal prohibitions apply.
Expungement
A California expungement (dismissal under Penal Code § 1203.4) may improve employment prospects, but it does not automatically restore firearm rights.
Federal law may still prohibit possession even after a state expungement.
Reduction to a Lesser Offense
In some cases, reducing a felony to a misdemeanor (if eligible) may change the nature of the prohibition — but it does not guarantee restoration.
Governor’s Pardon
A full gubernatorial pardon may restore certain civil rights. However, whether firearm rights are restored depends on the specific circumstances and the language of the pardon.
Vacating the Conviction
If a conviction is overturned on appeal or vacated due to legal error, firearm rights may be restored — depending on the final outcome of the case.
Because these remedies are complex and fact-specific, legal guidance is essential before taking any action.
Why This Matters During Plea Negotiations
Many defendants focus only on avoiding jail time. However, the long-term consequences of a domestic violence conviction — especially firearm restrictions — can be far more impactful.
A properly structured plea agreement may:
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Avoid a qualifying domestic violence designation
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Reduce exposure to firearm prohibitions
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Prevent lifetime federal consequences
Not every case allows for this outcome, but careful negotiation can significantly affect a client’s future rights.
This is why it is critical to work with a defense attorney who understands both criminal defense strategy and collateral firearm consequences.
Frequently Asked Questions
If my case was dismissed, can I keep my guns?
If charges were dismissed and no qualifying conviction occurred, firearm prohibitions generally do not apply — unless a restraining order remains active.
If I move out of California, does the ban still apply?
Yes. Federal firearm prohibitions apply nationwide.
Does probation completion restore my rights?
No. Completing probation does not automatically restore firearm rights.
Can I possess ammunition but not a firearm?
No. California law generally prohibits possession of both firearms and ammunition during the prohibition period.
Protect Your Rights Before It’s Too Late
A domestic violence charge is not just about fines, probation, or jail time. It can affect your constitutional rights, your career, your reputation, and your ability to lawfully possess firearms.
The decisions made early in a case — including how charges are filed, negotiated, or resolved — can determine whether firearm restrictions apply for 10 years or for life.
If you are facing domestic violence charges or have questions about how a past conviction affects your gun rights, you need experienced legal guidance immediately.
Contact Southwest Legal Today
At Southwest Legal, we understand the serious and lasting consequences that domestic violence charges carry. Our team is committed to protecting your rights, your record, and your future. If you are under investigation, charged, or concerned about firearm restrictions after a conviction, do not wait. Contact us today for a free, confidential consultation and let us help you take the next step toward protecting your freedom and your rights.
