California Penal Code § 29805 is a state law that restricts firearm ownership and possession for individuals who have certain misdemeanor convictions. While many people are familiar with the lifetime firearm prohibition for felons, PC 29805 establishes a ten-year firearm ban for specific misdemeanors, highlighting California’s focus on public safety and responsible gun ownership.
This article provides a comprehensive overview of PC 29805, including who it applies to, the qualifying offenses, penalties for violation, and answers to common questions. Understanding this law is crucial for anyone with a criminal record who may wish to possess or purchase firearms in California.
What is Penal Code 29805?
Penal Code § 29805 prohibits the ownership, purchase, receipt, or possession of a firearm by individuals who have been convicted of certain misdemeanor offenses. The prohibition applies for ten years from the date of conviction or the issuance of an outstanding warrant for one of these offenses.
Unlike the general felony firearm ban, this statute applies to misdemeanors that the state considers serious enough to temporarily limit firearm rights. Many people are unaware of this law, which can impact individuals with what might be considered “minor” criminal records.
Who Does It Apply To?
PC 29805 applies to anyone in California who meets the following criteria:
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They have been convicted of a misdemeanor listed under the statute.
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They possess, purchase, receive, or attempt to acquire a firearm within ten years of the conviction.
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They have an outstanding warrant for one of these misdemeanors and knowingly possess a firearm.
Non-residents can also be charged if they possess a firearm in California while under the restrictions of PC 29805.
What Offenses Trigger a Firearm Ban?
Not all misdemeanor convictions result in a firearm ban. PC 29805 specifically lists qualifying offenses, which generally include:
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Assault and battery
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Domestic violence battery
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Stalking
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Criminal threats
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Brandishing a weapon
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Possession of a stolen firearm or taking a firearm from a law enforcement officer
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Certain weapon offenses, such as carrying a weapon with intent or possessing armor-piercing ammunition
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Other misdemeanors related to firearm violations added over recent years
These offenses were selected because of their potential threat to public safety, and even “minor” acts like simple assault or battery can result in a temporary loss of firearm rights.
Duration of the Ban
The firearm prohibition under PC 29805 lasts ten years from the date of the conviction or warrant. After this period, the ban expires automatically, and firearm rights are generally restored, provided the individual does not have any other disqualifying convictions or legal restrictions.
It’s important to note that federal law or other state laws could still limit firearm possession, even after the ten-year period expires.
Penalties for Violating PC 29805
Violating PC 29805 by possessing, purchasing, or receiving a firearm while prohibited is a criminal offense. California classifies this as a “wobbler,” meaning it can be charged as either a misdemeanor or a felony.
Misdemeanor Penalties
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Up to 1 year in county jail
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Fines up to $1,000
Felony Penalties
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Up to 3 years in state prison depending on circumstances and prior criminal history
Prosecutors consider factors like the nature of the offense, the individual’s criminal record, and aggravating circumstances when deciding whether to pursue misdemeanor or felony charges.
Understanding Firearm Possession
In California, firearm possession includes:
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Actual possession: physically having the firearm on your person or in your immediate control.
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Constructive possession: having the ability to access or control the firearm, even if it is not physically on your person (for example, in your home, garage, or vehicle).
This means that someone can be charged under PC 29805 even if they were not physically holding the gun at the time but had access or control over it.
Common Misconceptions
“Only felons lose firearm rights”
PC 29805 demonstrates that California also imposes firearm restrictions on certain misdemeanors, not just felonies.
“Misdemeanors are minor”
Even a misdemeanor conviction like simple assault can result in a ten-year firearm ban, making awareness and legal counsel critical during plea negotiations.
“The ban automatically restores full rights”
While the PC 29805 ban expires after ten years, other prohibitions, including federal restrictions, may still apply.
Related Laws and Exceptions
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Penal Code § 29800: This is the standard felon-in-possession statute, creating a lifetime firearm ban for felony convictions.
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Court orders: Possession may also be prohibited by restraining orders or protective orders.
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Exemptions and relief: Certain individuals, such as peace officers, may petition for relief from firearm restrictions, but this is limited and complex. Consulting legal counsel is essential in these cases.
Frequently Asked Questions
Does a misdemeanor not listed in PC 29805 trigger a ban?
No. Only the misdemeanors explicitly listed in the statute trigger the firearm prohibition.
Can I purchase a firearm if I’m under the PC 29805 restriction?
No. Any attempt to purchase, receive, or possess a firearm during the restriction period is illegal.
Do out-of-state convictions count?
They can, if the out-of-state offense is substantially equivalent to a listed California misdemeanor.
Can I challenge a PC 29805 charge?
Yes. Defenses may include lack of knowledge, improper arrest, or disputing whether the conviction qualifies. Legal representation is highly recommended.
Do dismissed charges affect firearm rights under PC 29805?
No. Only convictions or outstanding warrants trigger the prohibition.
Conclusion
California Penal Code § 29805 is a critical law that affects firearm possession rights beyond felonies. It shows that even misdemeanor offenses can temporarily restrict firearm ownership for up to ten years. Individuals with prior misdemeanor convictions should fully understand how PC 29805 may impact their rights and consult legal experts before attempting to possess or purchase a firearm in California.
Understanding this law is vital for public safety, legal compliance, and ensuring individuals make informed decisions about firearm ownership.
If you are facing charges or have questions about firearm rights in Southern California, Southwest Legal can help. Our experienced team provides expert guidance, defense strategies, and support to protect your rights. Don’t wait until it’s too late — contact us today to schedule a free consultation and get the legal help you need.
