Many people are aware that if they are convicted of a felony, they lose their Second Amendment rights under federal law to purchase, possess, or own a firearm or ammunition for life. However, it's important to note that California law has additional provisions that can restrict firearm ownership for certain misdemeanor convictions, which is not the case under federal law.

Many people are not aware that, besides a conviction for misdemeanor domestic violence under Penal Code 273.5 PC, numerous other misdemeanor convictions will result in a similar ten-year firearm ban under California law.

Simply put, under California law, any felony conviction results in a lifetime ban on owning or possessing firearms. However, many people are surprised to learn that certain misdemeanor offenses can also restrict their rights to possess firearms.

These restrictions are typically temporary, lasting 10 years in most situations, but in some cases, they can lead to a lifetime ban, particularly for domestic violence offenses.

California Penal Code Section 29805 outlines 49 misdemeanor convictions that trigger a ban on possessing firearms. Below is a comprehensive list of these offenses. Note that this list includes different kinds of acts, ranging from physical violence to threats and other dangerous conduct, such as reckless endangerment or intimidation.

Simply put, in California, a 10-year ban on firearm possession can be triggered by a variety of misdemeanor convictions, including those related to violence, threats, and illegal weapon possession. The law is complex and covers a wide range of offenses.

What Are Some Examples?

Some examples include convictions for assault, battery, domestic violence, brandishing a weapon, or criminal threats. Further, misdemeanor battery convictions, including domestic battery, can result in a 10-year ban on firearm ownership.

Specific domestic violence offenses, such as inflicting corporal injury on a spouse or cohabitant, or DV charges with a firearm, can lead to a lifetime ban under federal law, but a 10-year ban under California law.

Being convicted of brandishing a weapon, especially to a peace officer or at a second offense, can lead to a firearm ban. Making credible threats of violence can result in a temporary ban on firearm ownership.

Threatening public officers, employees, or school officials can also lead to a 10-year firearm ban. Misdemeanor convictions for stalking can trigger a 10-year ban on firearm possession. Also, certain violations involving weapons, such as possessing a firearm in a school zone or transporting a machine gun, can lead to a firearm ban.

The specific duration of a firearm ban can vary depending on the specific misdemeanor conviction and whether it qualifies as a crime of domestic violence. If you're facing charges, this information can help you understand the potential implications for your Second Amendment rights.

Firearms Prohibitions Quick Facts

California's state law firearm prohibitions are typically much broader than federal law and cover many gaps. Under state law, California generally disqualifies a person from purchasing, acquiring, or possessing firearms under the following conditions.

• The person was convicted of certain domestic violence crimes, such as child abuse or elder abuse.
• The person was convicted of the unlawful misuse of firearms or violation of laws regarding the safe storage of firearms around minors.
• Beginning in 2025, people convicted of misdemeanor animal abuse will also be banned from having firearms for ten years.
• The person knows that they are subject to an outstanding arrest warrant for a firearm-prohibiting criminal offense.
• The person knows they are subject to a protective order, restraining order, temporary restraining order, or injunction issued by a court.
• The person is under a gun violence restraining order, civil harassment or workplace restraining order, elder and dependent adult abuse restraining order, and private postsecondary school violence restraining order.
• The person has an express condition of probation that prohibits owning, possessing, controlling, receiving, or purchasing a firearm.
• Is adjudged a ward of the juvenile court because the person committed an offense involving violence, drugs, or firearms. The prohibition remains in effect only until the person reaches the age of 30.
• Is disqualified because of a history of severely impairing mental illness or chronic alcoholism, including people found by a court to be a danger to self or others as a result of mental illness, found mentally incompetent to stand trial, found not guilty by reason of insanity, and those adjudicated to be a mentally disordered sex offender.

Misdemeanors Leading to a Firearm Ban

1. Simple assault (Penal Code §§ 240 or 241).
2. Battery, including simple and domestic battery (Penal Code §§ 242 or 243).
3. Sexual battery (Penal Code § 243.4).
4. Assault with a stun gun or taser (Penal Code § 244.5).
5. Assault with a deadly weapon other than a firearm (Penal Code § 245).
6. Assault with a deadly weapon on school employees (Penal Code § 245.5).
7. Grossly negligent discharge of a firearm (Penal Code § 246.3).
8. Shooting at occupied vehicles or buildings (Penal Code § 247).
9. Knowingly filing a false firearm theft report (Penal Code § 148.5(f)).
10. Unauthorized possession of weapons in courtrooms or public meetings (Penal Code § 171b).
11. Bringing or possessing loaded guns in government buildings like state capitols (Penal Code § 171c).
12. Possessing loaded firearms in the homes of constitutional officers (Penal Code § 171d).
13. Supplying firearms to gangs (Penal Code § 186.28).
14. Threatening public officers, employees, or school officials (Penal Code § 71): Making threats against these individuals can result in a misdemeanor firearm ban.
15. Threatening judges or certain public officers (Penal Code § 76): If the threat includes the ability to follow through, this offense triggers a ban.
16. Intimidating witnesses or victims (Penal Code § 136.1).
17. Possessing a deadly weapon to intimidate witnesses (Penal Code § 136.5).
18. Threatening witnesses, victims, or informants (Penal Code § 140).
19. Removing or attempting to take a firearm from a public official or peace officer (Penal Code § 148(d)).
20. Brandishing a deadly weapon other than a firearm (Penal Code § 417).
21. Causing serious bodily injury through brandishing (Penal Code § 417.6).
22. Making credible threats of serious harm (Penal Code § 422).
23. Committing hate crimes through intimidation or threats (Penal Code § 422.6).
24. Bringing or possessing firearms on school grounds (Penal Code § 626.9).
25. Stalking (Penal Code § 646.9).
26. Carrying concealed or loaded firearms during picketing (Penal Code § 830.95).
27. Wearing a peace officer's uniform while picketing (Penal Code § 17510).
28. Possessing a deadly weapon with intent to assault (Penal Code § 17500).
29. Criminal possession of a firearm (Penal Code § 25300).
30. Armed criminal action (Penal Code § 25800).
31. Possessing armor-piercing ammunition (Penal Code § 30315).
32. Unauthorized possession of a machine gun (Penal Code § 32625).
33. Discharging a firearm from a vehicle (Penal Code § 26100).
34. Selling or transferring firearms to minors (Penal Code § 27510).
35. Owning a firearm while undergoing mental health treatment (Welfare & Institutions Code § 8100).
36. Providing firearms to prohibited people (Welfare & Institutions Code § 8101).
37. Owning a firearm after being adjudicated mentally unfit (Welfare & Institutions Code § 8103).
38. Bringing firearm-related contraband into juvenile facilities (Welfare & Institutions Code § 871.5).
39. Bringing firearms into youth authority institutions (Welfare & Institutions Code § 1001.5).
40. Firearm theft (Penal Code § 487).
41. Criminal storage of a firearm (Penal Code §§ 25100 or 25200).
42. Various firearm sales and transfer violations (Penal Code § 27590).
43. Owning or possessing firearms while on a Gun Violence Restraining Order (Penal Code § 18205).
44. Assault with a firearm (Penal Code § 245 and related statutes).
45. Shooting at an inhabited dwelling or vehicle (Penal Code § 246).
46. Brandishing a firearm in the presence of law enforcement (Penal Code § 417(c)).
47. Multiple convictions for firearm brandishing (Penal Code § 417(a)(2)).
48. Willful violation of a domestic violence protective order (Penal Code § 273.6).
49. Domestic violence (Penal Code § 273.5): A conviction under this section carries significant firearm restrictions. For offenses committed prior to January 1, 2019, the firearm ban may be limited to 10 years under California law. However, following a federal change, offenses on or after January 1, 2019, now result in a lifetime ban.

Firearm Ban Options

Any person who becomes prohibited from owning or possessing firearms under California law or other laws has several options, such as the following:

• Surrender the control of the firearms to a law enforcement agency,
• Sell or transfer to a licensed firearms dealer,
• Transfer the firearm to a licensed firearms dealer for storage during the duration of the prohibition.
• Sell or transfer the firearms to a nonprohibited third party with whom the prohibited person does not live using a licensed firearms dealer.

A dealer may charge the owner a storage fee and must notify the California Department of Justice of the date that the dealer took possession of any firearms acquired in this manner.

Under California law, a person over the age of 18 who shares a residence with another person who the person knows or has reason to know is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, must safely secure any firearm they owns in the shared residence by ensuring that the firearm is securely stored or the firearm is carried or readily controlled by the lawful owner or another lawful authorized user.

Navigating These Restrictions

Being accused of any offense that carries a potential firearm ban is a serious matter. Losing access to firearms for 10 years or life not only limits your Second Amendment rights but can also impact your career, especially for those in law enforcement or military service.

If you're charged with one of these offenses, it's strongly advised to seek legal counsel. An experienced California criminal defense attorney can explore options such as avoiding a conviction through alternative plea deals, diversion programs, or other strategies tailored to your specific case.

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