Firearm Possession in Violation of a Court Order – California Penal Code § 29825 PC

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Strong Legal Representation for PC 29825 Charges in California

If you have been charged under PC 29825 in Los Angeles the first thing you need to know is which subsection you are facing because the answer determines whether a misdemeanor resolution is even possible. Purchasing a firearm while subject to a prohibiting court order is a wobbler with a path to misdemeanor treatment. Possessing one is a straight felony with no misdemeanor option and no way to plead down. Most of these cases arise from domestic violence restraining orders where the defendant was required to surrender their firearms and did not and the charge was triggered by a later traffic stop or law enforcement contact. A felony conviction means state prison time and the permanent loss of your right to own or possess any firearm under both California and federal law. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against firearms and court order violation charges throughout Los Angeles County. Call (310) 448-1529 or contact our office today for a free confidential consultation.

What Is Penal Code 29825 in California?

Penal Code 29825 makes it a crime for any person who is subject to a court order prohibiting firearm possession to purchase, receive, or possess a firearm while knowing that order is in place. The critical element that separates this charge from other firearms offenses is the court order — the prosecution must prove both that a valid prohibiting order existed and that the defendant knew about it.

The types of court orders that trigger PC 29825 charges include:

  • Domestic violence restraining orders issued under the Domestic Violence Prevention Act
  • Emergency Protective Orders issued by law enforcement at the scene of a domestic violence call
  • Criminal Protective Orders issued by a court at arraignment or during criminal proceedings
  • Civil harassment restraining orders that specifically prohibit firearm possession
  • Elder or dependent adult abuse restraining orders

Not every restraining order automatically prohibits firearm possession. The specific order must contain a firearm prohibition. Our criminal defense attorney reviews the exact language of the order in every PC 29825 case because when the order did not cover firearms the charge fails on its face.

PC 29825(a) and PC 29825(b) — What Is the Difference?

Understanding which subsection applies to your case determines whether any misdemeanor resolution is available and shapes the entire defense strategy from the outset. The two subsections cover different conduct and carry different sentencing exposure.

PC 29825(a) — Purchasing or Receiving a Firearm While Subject to a Court Order This subsection applies when a person purchases or receives a firearm while knowing they are prohibited from doing so by a court order. It is a wobbler — the District Attorney decides whether to file it as a misdemeanor or a felony based on the defendant’s criminal history and the circumstances of the case. A misdemeanor carries up to one year in county jail. A felony carries 16 months, 2 years, or 3 years in state prison and fines up to $10,000. Because this subsection is a wobbler our criminal defense attorney engages with prosecutors early in the case to argue for misdemeanor treatment before the filing decision is finalized.

PC 29825(b) — Possessing a Firearm While Subject to a Court Order This subsection applies when a person knowingly possesses a firearm while subject to a court order prohibiting it. There is no misdemeanor option — it is a straight felony carrying 16 months, 2 years, or 3 years in state prison and fines up to $10,000. This is the subsection charged in most domestic violence cases where the defendant failed to surrender firearms after a restraining order was issued and was later found in possession of one during a traffic stop or law enforcement contact.

PC 29825 and Domestic Violence Restraining Orders

The overwhelming majority of PC 29825 cases in Los Angeles arise from domestic violence restraining orders. When law enforcement responds to a domestic violence call they typically issue an Emergency Protective Order on the spot. That order prohibits the restrained party from possessing firearms immediately. At arraignment the court often issues a Criminal Protective Order with the same prohibition. California law requires the restrained person to surrender all firearms within 24 hours of receiving a domestic violence restraining order.

When a person subject to one of these orders is later found with a firearm — during a traffic stop, a welfare check, or any other law enforcement contact — a PC 29825(b) charge is filed. The prosecution does not need to prove the defendant intended to violate the order. Knowing the order existed and possessing the firearm is enough. For non-citizens a felony conviction under PC 29825 triggers deportation proceedings regardless of the length of legal residency.

Penalties for PC 29825 in California

The penalties depend on which subsection is charged and how the District Attorney files the wobbler:

  • PC 29825(a) misdemeanor: up to one year in county jail and fines up to $1,000
  • PC 29825(a) felony: 16 months, 2 years, or 3 years in state prison and fines up to $10,000
  • PC 29825(b) felony: 16 months, 2 years, or 3 years in state prison and fines up to $10,000
  • Felony conviction: permanent loss of firearm rights under California and federal law
  • Probation is available on misdemeanor filings and in some first-offense felony cases
  • Non-citizens face deportation proceedings upon felony conviction

When a prior strike conviction is on the defendant’s record the base felony sentence doubles. A gang enhancement under PC 186.22 adds additional consecutive years. When charged alongside felon in possession of a firearm under PC 29800 the court may impose consecutive sentences compounding the total exposure significantly.

Legal Defenses Against PC 29825 Charges

No Knowledge of the Court Order

The prosecution must prove the defendant knew the court order existed and knew it prohibited firearm possession. When the defendant was not properly served, when the order was issued without the defendant’s knowledge, or when the defendant genuinely did not understand the scope of the prohibition our criminal defense attorney challenges the knowledge element directly through service records, court files, and the defendant’s account of events.

The Court Order Had Expired or Was Modified

Restraining orders have expiration dates. When the order had expired before the alleged possession occurred or when a subsequent court hearing modified or dissolved the firearm prohibition the charge cannot be sustained. Our criminal defense attorney pulls the complete court file for every restraining order at issue to verify its status, duration, and exact terms at the time of the alleged offense.

The Order Did Not Prohibit Firearm Possession

Not every restraining order includes a firearm prohibition. Some civil harassment orders and older domestic violence orders did not contain specific firearms restrictions. When the order issued against the defendant did not explicitly prohibit firearm possession the charge fails regardless of the other evidence.

Unlawful Search and Seizure

When the firearm was discovered through an unlawful traffic stop, a warrantless entry, or a search that exceeded its authorized scope our criminal defense attorney files suppression motions immediately. Without the physical firearm the prosecution has no case regardless of the restraining order evidence.

Related Firearms Charges in California

Several related statutes prohibit firearm possession based on different underlying circumstances and prosecutors in Los Angeles frequently file them alongside PC 29825 when the facts support additional charges. When multiple charges appear on the same complaint the defense strategy must address each one and how they interact — a suppression motion that eliminates the firearm evidence typically defeats all of them simultaneously. Our criminal defense attorney analyzes every charge on the complaint from the first consultation.

The most common related charges filed alongside PC 29825 are:

  • PC 29800 — felon in possession of a firearm: applies when the defendant has a prior felony conviction in addition to the court order
  • PC 29805 — firearm possession after a qualifying misdemeanor conviction: applies to people convicted of specific misdemeanor offenses that trigger a 10-year firearm prohibition
  • PC 29820 — firearm possession after a juvenile adjudication: applies to persons with prior juvenile adjudications for serious or violent offenses
  • PC 29815 — firearm possession in violation of probation conditions: applies when a probation condition specifically prohibited firearm possession

Frequently Asked Questions About PC 29825 Charges

What is the difference between PC 29825(a) and PC 29825(b)? The distinction comes down to the specific conduct charged. PC 29825(a) applies to purchasing or receiving a firearm while subject to a prohibiting court order and is a wobbler that can be filed as either a misdemeanor or felony. PC 29825(b) applies to possessing a firearm while subject to the order and is a straight felony with no misdemeanor option. Which subsection the prosecution files determines whether any misdemeanor resolution is even available.

Is PC 29825 a felony or misdemeanor in California? It depends entirely on which subsection is charged. PC 29825(a) is a wobbler and the filing decision turns on the defendant’s criminal history and the specific circumstances. PC 29825(b) is always a felony regardless of background or circumstances.

Can I be charged if I did not know about the court order? Knowledge of the order is a required element of the charge. When the defendant was never properly served, when the order was issued in a proceeding the defendant had no notice of, or when the defendant genuinely did not understand the scope of the firearms prohibition our criminal defense attorney challenges that element directly. It is the most frequently contested issue in these cases.

Does a domestic violence restraining order prohibit firearm possession in California? Most domestic violence restraining orders in California contain an explicit firearm prohibition and require the restrained person to surrender all firearms within 24 hours of service. Continued possession after receiving the order and failing to comply with the surrender requirement is the most common fact pattern underlying a PC 29825(b) charge in Los Angeles.

Can a PC 29825 charge be dismissed? When the court order had expired before the alleged possession occurred, when the order did not specifically prohibit firearm possession, or when the defendant had no knowledge of the order the charge fails on its required elements. When the firearm was discovered through an unlawful search a successful suppression motion removes the only evidence and ends the prosecution.

Contact a Los Angeles Defense Attorney for PC 29825 Charges Today

A conviction under PC 29825 carries felony exposure and the permanent loss of firearm rights. With over 20 years of experience defending clients against court order violation and firearms charges throughout Los Angeles County Attorney Hashemi will review the specific court order at issue, analyze the search that led to the discovery of the firearm, and build a defense strategy from day one. Contact our office today for a free confidential consultation.

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