What Misdemeanors Prohibit Gun Ownership in California?
If you live in California and are facing a misdemeanor charge—or already have a misdemeanor on your record—you may be wondering if that affects your right to own, possess, or purchase a firearm. This is a common and important question, especially for those who are law-abiding citizens, parents, or individuals who need firearms for work or personal safety.
Unfortunately, California has some of the strictest gun laws in the country, and certain misdemeanor convictions can absolutely result in a loss of your gun rights—sometimes for 10 years, and in other cases, for life.
Below, we explain which misdemeanors in California trigger a firearms ban, how long these bans last, and what steps you can take if your rights are affected
Quick Summary
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Some misdemeanors in California result in a 10-year firearms prohibition, while a few carry a lifetime ban.
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Federal law can also impose a lifetime ban, even for certain California misdemeanors.
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Violations of these prohibitions are prosecuted aggressively and can lead to felony charges and prison time.
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It is possible in some cases to restore your gun rights, but the process can be complex.
California’s Gun Laws: The Basics
Under California Penal Code Section 29800 and Penal Code Section 29805, certain convictions—misdemeanors and felonies—result in the loss of gun rights. Anyone convicted of a felony in California loses the right to own or possess firearms for life. However, people are often surprised to learn that dozens of misdemeanor offenses also trigger a loss of gun rights.
The two most common types of gun prohibitions for misdemeanors are:
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Ten-Year Ban (California Law)
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Lifetime Ban (Federal Law, some California offenses)
Let’s break down how this works and which offenses are involved.
Misdemeanors That Prohibit Gun Ownership for 10 Years
California Penal Code Section 29805 lists over 40 misdemeanor convictions that result in a 10-year firearms prohibition. During this time, you cannot purchase, own, possess, or have access to a gun or ammunition. If you do, you risk being charged with a felony under Penal Code 29800.
Some of the most common misdemeanors that trigger a 10-year gun ban include:
Domestic Violence Offenses
Violent or Assaultive Offenses
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Assault with a Deadly Weapon (PC 245) – if charged as a misdemeanor
Weapons Offenses
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Drawing or Exhibiting a Firearm in a Threatening Manner (PC 417(a)(2))
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Possession of a Deadly Weapon with Intent to Assault (PC 17500)
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Unauthorized Possession of Tear Gas (PC 22810(g)(1))
Threats and Stalking
Sex Offenses
Child and Elder Abuse
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Elder or Dependent Adult Abuse (PC 368)
Other Specified Offenses
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Discharging a Firearm in a Grossly Negligent Manner (PC 246.3)
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Animal Cruelty (PC 597)
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Harassing or Threatening a Witness (PC 136.1)
Note: This is not an exhaustive list. The actual statute (PC 29805) contains many more offenses. Always check with a criminal defense attorney to see if a particular conviction is on the list.
Lifetime Ban for Certain Misdemeanors (Federal Law/Lautenberg Amendment)
Some misdemeanor convictions result in a lifetime firearms ban under federal law, even if California law imposes only a 10-year ban. The most important example of this is misdemeanor domestic violence under federal law.
The Lautenberg Amendment (18 U.S.C. § 922(g)(9))
Under the Lautenberg Amendment, anyone convicted of a “misdemeanor crime of domestic violence” is prohibited from possessing firearms for life—regardless of whether the conviction occurred in California or another state. This federal ban applies not only to spouses and cohabitants, but also to dating partners, ex-partners, and sometimes even roommates or family members.
If you’re facing a domestic violence-related misdemeanor, it’s critical to consult with a knowledgeable attorney who can help you understand the full legal consequences and advise you on your options.
Examples of qualifying offenses:
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Domestic battery (PC 243(e)(1))
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Corporal injury on spouse or cohabitant (PC 273.5)
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Certain child abuse or endangerment convictions (PC 273a)
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Other misdemeanors involving the use or attempted use of force against a domestic partner or family member
Why Does This Matter?
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You could be legal under California law after 10 years, but still banned for life under federal law.
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If you possess a gun after a qualifying misdemeanor, you risk federal felony prosecution and prison time.
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If you are unsure, consult an attorney before attempting to purchase or possess a firearm after any domestic violence misdemeanor conviction.
Typical Situations That Can Lead to a Firearm Ban
Example 1: Road Rage Incident
Maria is convicted of misdemeanor brandishing a weapon (Penal Code 417) after an argument with another driver escalates and she flashes a pocketknife out her car window. Because brandishing is a misdemeanor involving the use of a weapon, Maria faces a 10-year ban on gun ownership under California law—even though she has no prior record and the incident didn’t result in physical harm.
Example 2: Disturbing the Peace at Home
James and his longtime roommate get into a heated argument that turns physical. James is arrested and later convicted of misdemeanor disturbing the peace (Penal Code 415) with a finding of domestic violence. Due to the domestic relationship, James becomes subject to the federal Lautenberg Amendment, which imposes a lifetime firearms ban—regardless of the relatively minor nature of the underlying charge.
Example 3: School Grounds Incident
A teacher, Mr. Patel, is convicted of misdemeanor possession of a firearm on school grounds (Penal Code 626.9). This conviction results in an automatic 10-year prohibition on owning or possessing firearms in California. Even though the offense was non-violent and no students were threatened, Mr. Patel’s gun rights are affected for a full decade.
What Happens If You Violate the Gun Ban?
Violating a firearm prohibition—whether under California or federal law—is a serious criminal offense with severe consequences. If you are found to own, possess, purchase, or even attempt to acquire a firearm while under a gun ban, you could face:
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Felony charges under Penal Code 29800 PC (commonly known as “felon or prohibited person in possession of a firearm”)
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Up to three years in California state prison
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Federal felony charges, which often carry even longer prison sentences and mandatory minimums
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Permanent loss of your right to own or possess firearms
Prosecutors and law enforcement aggressively pursue these cases, even if the violation was unintentional or the result of a misunderstanding. A single mistake—such as having a firearm in your home or car—can lead to arrest, prosecution, jail time, and further erosion of your rights.
If you are under a gun ban, it is critical to take the restriction seriously and speak with a criminal defense attorney if you have any questions about your rights or obligations.
How to Restore Gun Rights After a Misdemeanor Conviction
If you’ve lost your firearm rights due to a misdemeanor conviction in California, you may have options to seek restoration—but the process can be complicated, and success is not guaranteed. Here’s what you need to know:
Expungement (Penal Code 1203.4)
Getting your misdemeanor expunged (dismissed from your criminal record) can be a valuable step for employment or licensing purposes. However, it does not automatically restore your right to possess firearms if your conviction is one of those listed in Penal Code 29805. The gun ban will still apply even if your record is expunged.
Reduction to a Lesser Offense
Sometimes, it’s possible to negotiate a reduction of your misdemeanor to a non-prohibiting offense, either at the time of plea bargaining or after conviction through post-conviction relief. If successful, this could restore your gun rights, but not all cases are eligible. It’s crucial to work with an experienced criminal defense attorney who understands how these laws work.
Certificate of Rehabilitation & Governor’s Pardon
In some situations, especially for more serious misdemeanors, your only path to restoring firearm rights may be to seek a Governor’s Pardon. This is a complex process that involves a waiting period, detailed paperwork, and a thorough review by the Board of Parole Hearings. Even then, approval is rare and not guaranteed. A Certificate of Rehabilitation can be a step in the process, but does not itself restore gun rights—it simply makes you eligible to apply for a pardon.
Federal Firearm Prohibitions
If you are subject to a federal lifetime ban (such as for a misdemeanor domestic violence conviction under the Lautenberg Amendment, federal law currently offers almost no pathway to relief. Even a California pardon may not be recognized federally, so it is especially important to consult a knowledgeable defense attorney if you’re affected by a federal prohibition.
Frequently Asked Questions (FAQ)
1. What if my misdemeanor conviction happened a long time ago—am I still banned from having a gun?
The length of your firearms ban depends on the specific offense. Most misdemeanors listed in Penal Code 29805 result in a 10-year ban from the date of conviction (not arrest). However, federal bans for domestic violence misdemeanors are for life. If you’re unsure when your ban expires, consult an attorney before attempting to purchase or possess a firearm.
2. Does the gun ban apply to ammunition or gun parts?
Yes. If you are prohibited from owning or possessing firearms, you are also barred from having ammunition, magazines, and sometimes even certain gun parts under California law. Possession of any of these items while under a firearms ban can lead to additional criminal charges.
3. Will expungement (record clearance) restore my gun rights?
No. An expungement under PC 1203.4 can help with jobs, licensing, and housing, but it does not lift a firearms ban for convictions listed in PC 29805 or for federal prohibitions. Gun rights restoration requires other legal remedies and, in some cases, may not be possible.
4. Can I get in trouble if I have a gun in my home but it belongs to someone else?
Yes. “Constructive possession” means you can be charged if you have access to a firearm in your home, car, or place of business—even if you do not own it or did not purchase it yourself. If you live with someone who legally owns guns, it’s important to take extra precautions to avoid being in “possession” under the law.
Talk to a Los Angeles Criminal Defense Attorney Today
Losing your right to own or possess firearms because of a misdemeanor conviction in California is more common—and more serious—than many people realize. Even a single non-violent or seemingly minor offense can lead to years or even a lifetime ban on your Second Amendment rights, with consequences that reach into every part of your life.
If you have been charged with, or convicted of, a misdemeanor and are concerned about your firearm rights, don’t wait to get answers. Attorney Arash Hashemi is a Los Angeles criminal defense attorney with over 20 years of experience helping clients understand their rights, pursue relief, and fight for the best possible outcome in even the toughest cases.
The Law Offices of Arash Hashemi represents clients across Los Angeles County in all types of criminal matters, including cases involving firearm restrictions. If you have concerns about your gun rights after a misdemeanor charge or conviction, early legal guidance can make a significant difference. Contact us today to discuss your situation and learn how we can help protect your rights and your future.
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