California Penal Code 29805 PC – Firearm Possession After a Misdemeanor Conviction

In California, it’s not just felony convictions that can take away your right to own a firearm. Under Penal Code 29805, a misdemeanor conviction for certain offenses can result in a 10-year firearm ban—a surprise for many individuals who assumed their rights were safe.

This provision of California law plays a major role in the state’s efforts to regulate who can legally possess a gun. If you’re facing charges or have already been convicted of a listed misdemeanor, it’s crucial to understand what PC 29805 means, who it affects, and what legal steps you can take to avoid or recover from its penalties.

What Is California Penal Code 29805?

California Penal Code 29805 prohibits individuals from owning, possessing, purchasing, or receiving a firearm for 10 years if they are convicted of certain specified misdemeanors. The law is part of California’s broader firearm regulations and is designed to keep guns out of the hands of individuals the state considers potentially dangerous—even if they haven’t committed a felony.

The key element of PC 29805 is that it doesn’t apply to all misdemeanors—only to those specifically listed in the statute. These offenses generally involve violence, threats, weapons, or domestic abuse, but also include other crimesthat reflect poor judgment or potential danger to others.

Which Misdemeanors Trigger California’s 10-Year Firearm Ban?

• Battery (PC § 242)

• Assault (PC § 240)

• Criminal threats (PC § 422)

• Domestic battery (PC § 243(e)(1))

• Brandishing a firearm (PC § 417)

• Intimidating a witness (PC § 136.1)

• Stalking (PC § 646.9)

• Sexual battery (PC § 243.4)

• Violating a restraining order (PC § 273.6)

• Assault with a stun gun or taser (PC § 244.5)

• Assault on a peace officer (PC § 241(c))

• Negligent discharge of a firearm (PC § 246.3)

How Is the 10-Year Ban Enforced?

Once a qualifying conviction is entered, it is reported to the California Department of Justice (DOJ) and flagged in state and federal databases, including the National Instant Criminal Background Check System (NICS).

This means:

• You cannot purchase or transfer a firearm in California during the ban

• If you already own firearms, you may be required to relinquish or transfer them

• Violating the ban (by possessing or attempting to buy a gun) is a felony under PC § 29805 and PC § 29815

The DOJ and local law enforcement are authorized to confiscate firearms from individuals found to be in unlawful possession after a qualifying conviction.

Does Federal Law Apply Too?

Yes. In some cases, federal law overlaps with or expands on PC 29805. Most notably, misdemeanor domestic violence convictions may result in a lifetime ban under the Lautenberg Amendment to the Federal Gun Control Act.

So even after your 10-year ban expires under California law, federal law may still prohibit you from owning a gun—especially if your conviction involved a spouse, partner, or family member.

Is There Any Way to Restore Gun Rights Sooner?

Potentially, yes. But it depends heavily on the nature of your conviction and whether you’re eligible for post-conviction relief. Here are some common avenues:

• Expungement (PC § 1203.4): While expunging your record may help with employment and housing, it does not automatically restore firearm rights under PC 29805.

• Reduction to an Infraction (PC § 17(b)): If the offense was a “wobbler” (a crime that can be charged as either a misdemeanor or felony), you may petition the court to reduce it to an infraction—which may not carry a firearm ban.

• Certificate of Rehabilitation or Governor’s Pardon: These are more difficult to obtain but may be options in certain cases, particularly after the 10-year period has expired.

• Legal challenges: In rare instances, a conviction can be vacated due to a procedural error or ineffective assistance of counsel, which could also lift the firearm restriction.

Who Does PC 29805 Affect the Most?

• First-time offenders who accept plea deals to avoid jail

• Veterans or law enforcement applicants who risk losing career opportunities

• Legal firearm owners unaware that their rights are being restricted

• Individuals involved in domestic disputes that escalate into criminal charges

Why Legal Representation Matters

It’s not uncommon for misdemeanor defendants to plead guilty quickly to “just get it over with”—especially when offered a deal that avoids jail. But without understanding the collateral consequences, that plea could cost you your gun rights for a decade.

A skilled defense attorney can work to:

• Negotiate non-disqualifying charges

• Advocate for diversion or counseling programs

• Push for a dismissal, acquittal, or infraction reduction

• Fight to preserve your record and constitutional rights

It’s not just about avoiding jail—it’s about protecting your future.

Talk to a Los Angeles Gun Rights Lawyer About Penal Code 29805

A conviction that falls under Penal Code 29805 might seem like a misdemeanor on paper—but it carries serious consequences that last a full decade. If you’re charged with or recently convicted of one of the listed offenses, your ability to legally own or purchase a firearm in California will be taken away for the next ten years.

These consequences can affect your personal safety, your profession, and even your future rights under federal law. But there are legal options available—and the sooner you take action, the better your chances of protecting those rights.

At The Law Offices of Arash Hashemi, we’ve spent more than 20 years defending clients in Los Angeles who are facing the long-term effects of misdemeanor charges. Attorney Arash Hashemi personally reviews each case and works to find the most effective path forward—whether it’s fighting the charge, pursuing expungement, or restoring your firearm rights.

Contact our office today to schedule a free case evaluation. We represent clients throughout Los Angeles, including Hollywood, Downtown LA, Santa Monica, Beverly Hills, and Culver City. Don’t wait until your rights are permanently limited—get the legal help you need now.

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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.