Who Is Restricted from Possessing a Firearm Under PC 29825?

California’s law on firearm possession while under a court order applies to individuals who are subject to specific judicial restrictions that expressly prohibit owning or accessing guns. These restrictions are commonly issued in cases involving:

• Domestic violence restraining orders

• Gun violence restraining orders

• Criminal protective orders

• Probation or parole terms

• Mental health-based commitments or findings

If you are covered by any of these orders, having a firearm—even if it’s unloaded or not in your immediate reach—can lead to arrest and prosecution. Courts take these violations seriously, especially if the underlying case involves violence, threats, or a recent criminal offense.

What Does a Court Order Need to Include?

Not all court orders automatically trigger criminal liability under Penal Code 29825. For the statute to apply, the order must contain certain required language, including:

• A clear prohibition on firearm or ammunition possession

• Instructions to surrender, sell, or transfer the firearm to law enforcement or a licensed gun dealer (per PC 29830)

• A deadline for complying with the order, typically within a specified number of days

If the court order does not include this language—or if you were not properly served with it—this could provide a defense in your case. In fact, proving that the order was incomplete or improperly issued is often a key strategy in fighting these charges.

Understanding the Legal Definition of This Offense

Under California law, PC 29825 makes it a crime to possess, receive, purchase, or own a firearm while subject to a valid court order prohibiting such activity. The statute requires that the person:

• Is under a qualifying court order, and

• Has knowledge of that restriction

This law is broad and can be applied in both misdemeanor and felony contexts. It’s frequently filed in cases involving domestic violence, stalking, or threats, and often appears alongside other firearm or restraining order violations. What’s important to understand is that prosecutors don’t have to prove intent to use the firearm—only that you knowingly had access to it in violation of the order.

What Must the Prosecutor Prove to Get a Conviction?

To secure a conviction for firearm possession in violation of a court order, the prosecution must establish several specific elements:

1. A qualifying court order was in place that legally barred you from having a firearm

2. You had notice of the court order—either because you were served, present at the hearing, or otherwise informed

3. You knowingly possessed, owned, or controlled a firearm during the period the restriction was active

Possession doesn’t have to be direct. If the weapon was in your vehicle, home, or any space you had access to, prosecutors may argue that you had constructive possession, which is sufficient for charges.

Common Situations That Lead to PC 29825 Charges

• A firearm is discovered during a probation or parole compliance check.

• A domestic violence restraining order is issued, and a previously legal firearm remains in the home.

• You’re stopped or searched, and a firearm is found in a car or backpack, even if it’s not yours.

• Police respond to a domestic call or argument and find a weapon nearby.

Penalties for Violating Penal Code 29825 PC

Firearm possession while under a court-ordered restriction is a “wobbler” offense in California. This means it can be filed as either a misdemeanor or a felony, depending on your record and the facts of the case.

Misdemeanor Penalties

• Up to 1 year in county jail

• A fine of up to $1,000

• Informal probation

• Possible loss of future firearm rights

Felony Penalties

• 16 months, 2 years, or 3 years in California state prison

• A fine of up to $10,000

• Formal felony probation

• Permanent loss of firearm rights under state and federal law

• Immigration consequences if you are a non-citizen

Legal Defenses to Penal Code 29825 PC Charges

You Were Not Properly Notified
To convict you for firearm possession, the prosecution must show that you knew—or reasonably should have known—you were prohibited from possessing a firearm. If the court order was never properly served, or you were unaware it contained a firearm restriction, this could be a strong defense. Notice is a key element, and lack of it can significantly weaken the state’s case.

The Weapon Was Not in Your Possession
Possession doesn’t only mean having the firearm on your person—it also includes constructive possession, such as in your vehicle or shared residence. But that’s not always easy to prove. If the firearm belonged to someone else, or you didn’t know it was present, your attorney may argue that you did not have legal control or ownership of the weapon.

The Court Order Was Legally Defective or Expired
If the underlying order was not valid—for example, it lacked required language, was issued in error, or had already expired at the time of your arrest—the charge under PC 29825 may not hold. We can review whether the order met the legal standards and whether it was still in effect when the alleged possession occurred.

Unlawful Search or Seizure
Firearms discovered during illegal searches—such as those conducted without a valid warrant, probable cause, or lawful consent—may be inadmissible in court. If your Fourth Amendment rights were violated, we can file a motion to suppress the firearm as evidence. This often results in reduced charges or dismissal.

Constitutional Violations (Second Amendment & Due Process)
In rare but applicable cases, the firearm prohibition itself may have been unconstitutional. If the court order was issued without due process, or the restriction was overly broad and infringed on your Second Amendment rights, your defense attorney may challenge the legality of the order itself.

Charges Commonly Filed with a PC 29825 Violation

• Penal Code 273.6 – Violation of a Restraining Order

• Penal Code 29800 – Felon in Possession of a Firearm

• Penal Code 25400 – Carrying a Concealed Weapon

• Penal Code 417 – Brandishing a Weapon

• Penal Code 273.5 / 243(e)(1) – Domestic Violence Charges

How Attorney Hashemi Can Help Fight Your PC 29825 Charge

When you work with our firm, you’ll have direct access to a Los Angeles criminal defense attorney with more than 20 years of courtroom experience. We approach every case with a detailed investigation and a clear legal strategy, which may include:

• Challenging whether the court order was legally valid

• Reviewing how the firearm was discovered

• Determining if you were properly notified of the restriction

• Filing motions to suppress evidence

• Negotiating charge reductions or alternative sentencing

Our goal is to protect your freedom, your record, and your rights under the law—especially your Second Amendment rights.