Misdemeanor Offenses That Trigger a Firearm Ban in California
California has some of the strictest gun laws in the country—and they’re getting tighter every year. While most people assume that only felony convictions affect your right to own a firearm, the truth is more surprising. In fact, certain misdemeanor convictions in California can trigger a firearm ban lasting 10 years—or even for life.
If you’re a Los Angeles resident or simply a gun owner concerned about your rights, knowing which misdemeanor offenses can cost you your Second Amendment rights is not just smart—it’s essential.
At The Law Offices of Arash Hashemi, we regularly represent individuals facing criminal charges with far-reaching consequences. Let’s break down what these laws mean in 2025 and how you can protect your future if you’re charged with a qualifying misdemeanor.
Misdemeanors That Trigger a 10-Year Firearm Ban in California
Under California Penal Code § 29805, over 40 specific misdemeanors will ban you from possessing or purchasing a firearm for 10 years. Here are some of the most common ones we see clients get surprised by:
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Assault or battery (including simple battery under PC § 242)
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Criminal threats (PC § 422)
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Domestic battery (PC § 243(e)(1))
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Stalking (PC § 646.9)
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Brandishing a weapon (PC § 417)
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Intimidating a witness (PC § 136.1)
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Negligent discharge of a firearm (PC § 246.3)
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Sexual battery (PC § 243.4)
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Violating a protective order (PC § 273.6)
Federal Law: Lifetime Firearm Bans for Domestic Violence Misdemeanors
Things get even more serious under federal law. The Lautenberg Amendment to the Gun Control Act imposes a lifetime firearm ban on anyone convicted of a misdemeanor crime of domestic violence.
Even if your case is prosecuted in a California court, federal law overrides state law when it comes to gun ownership rights. That means:
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If you’re convicted of any misdemeanor involving domestic violence—even one without physical injury—you can never legally own or possess a firearm again in the U.S.
What counts as a domestic violence misdemeanor under federal law?
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Battery on a spouse, partner, or parent
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Threats of force or violence
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Violations of restraining orders that involve a threat or physical contact
And no, expunging your record doesn’t automatically restore your gun rights under federal law. Many people find this out the hard way when trying to buy a firearm and getting flagged during a background check.
Ghost Gun Laws and Expanded Definitions (2025 Update)
As of 2025, California continues to aggressively enforce restrictions on “ghost guns”—privately made firearms without serial numbers. Even non-violent misdemeanors involving ghost gun possession or illegal manufacturing may be charged in ways that impact your future gun rights.
For example, being convicted of possessing a ghost gun without proper registration could not only bring serious fines and jail time but also open the door to firearm prohibitions depending on how prosecutors frame the case.
And if you’re already under a 10-year ban, getting caught with a firearm is a felony—regardless of whether the gun was ever fired.
Firearm Prohibitions While on Probation
This is a subtle but critical point: Even if your misdemeanor isn’t on the 10-year ban list, judges often impose probation conditions that include temporary firearm bans. These aren’t always clearly explained in court, but violating them can land you in serious trouble.
So if you’re currently on probation—even for a nonviolent misdemeanor like vandalism or trespassing—don’t assume you can keep your gun legally. Always check your court documents and consult with your attorney.
What If I’m a Lawful Gun Owner Already?
That’s where it gets extra frustrating. Many defendants are law-abiding gun owners who end up caught in the criminal system due to a single mistake, an emotional argument, or a misunderstanding.
Once convicted of a qualifying misdemeanor, you’ll be required to relinquish any firearms you currently own, either by:
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Selling them to a licensed firearms dealer
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Transferring them to law enforcement
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Giving them to someone legally permitted to own guns (with court approval)
Failing to comply could lead to new criminal charges, which may result in additional jail time and fines.
How Can a Criminal Defense Lawyer Help?
Your defense doesn’t end at avoiding jail. A skilled attorney will also fight to protect your long-term rights, including your right to bear arms. That’s why you need someone who:
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Knows how to negotiate reduced charges
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Can advocate for diversion programs
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Fights to avoid gun-restricting plea deals
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Understands the intersection of state and federal firearm laws
Talk to a Los Angeles Criminal Defense Lawyer About Firearm Rights After a Misdemeanor
If you’ve been arrested or charged with a misdemeanor offense that could impact your right to own or possess a firearm, you can’t afford to wait. Many people don’t realize that even a seemingly minor conviction can trigger a 10-year or lifetime ban on firearm ownership under California and federal law.
At The Law Offices of Arash Hashemi, we understand how much your Second Amendment rights matter—and we fight to protect them. With over 20 years of experience defending clients throughout Los Angeles County, Attorney Arash Hashemi personally handles every case with the precision and dedication it deserves.
Whether you’re facing charges in Santa Monica, Beverly Hills, Culver City, or Westwood, we’re here to help you understand your rights, challenge the charges, and work toward a result that protects your future—and your freedom.
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