California Penal Code 29825 PC – Possession of a Firearm While Subject to a Restraining Order
California Penal Code 29825 PC makes it a crime for a person to own, possess, purchase, or receive a firearm while subject to certain court-issued restraining orders.
This law is designed to prevent individuals who are considered a potential threat to others from having access to firearms.
A violation of Penal Code 29825 is typically charged as a misdemeanor or felony, depending on the circumstances, making it a serious offense with potentially life-changing consequences.
For the best chance at a favorable result, consult an experienced California criminal defense attorney at the Hedding Law Firm. To book a consultation, call (866) 986-2092 or fill out the contact form here.
What Is Penal Code 29825 PC?
Penal Code 29825 PC prohibits firearm possession by individuals who are currently subject to specific protective or restraining orders issued by a court.
To be convicted under this law, prosecutors must generally prove:
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you were subject to a qualifying restraining order
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you knew about the restraining order
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you owned, possessed, purchased, or received a firearm
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the firearm was under your control
The law applies regardless of whether the firearm was used or simply in your possession.
What Types of Restraining Orders Trigger PC 29825?
Not all restraining orders trigger this law. Only certain qualifying protective orders will result in a firearm prohibition.
Common qualifying restraining orders include:
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domestic violence restraining orders
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workplace violence restraining orders
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elder abuse restraining orders
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civil harassment restraining orders
The restraining order must clearly prohibit the defendant from possessing firearms and must have been properly served on the defendant.
What Counts as Possession of a Firearm?
Possession under California law can be either actual or constructive.
Actual possession means:
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the firearm is on your person
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you are physically holding or carrying the weapon
Constructive possession means:
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the firearm is in a place you control
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you have access to the firearm even if it is not physically on you
Examples include:
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a firearm stored in your home
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a weapon in your vehicle
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a gun kept in a shared residence where you have access
Even indirect control over a firearm may be enough to support a charge.
Examples of Penal Code 29825 Violations
Example 1
A person subject to a domestic violence restraining order keeps a handgun in their bedroom drawer. Even if the firearm is not used, possession alone may result in criminal charges.
Example 2
An individual under a court-issued protective order borrows a friend's firearm for safekeeping. This may still qualify as unlawful possession.
Example 3
A person subject to a restraining order has access to firearms stored in a shared household. Constructive possession may apply if they have control over the location.
Penalties for Penal Code 29825 PC
Penal Code 29825 is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony.
Misdemeanor penalties may include:
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up to 1 year in county jail
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fines
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summary probation
Felony penalties may include:
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16 months, 2 years, or 3 years in state prison
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formal probation in some cases
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significant fines
Additional consequences may include:
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extended firearm prohibitions
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potential impact on employment and licensing
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enhanced penalties if combined with other charges
Legal Defenses to PC 29825 Charges
A strong defense often focuses on challenging one or more elements of the offense.
Common defense strategies include:
Lack of Knowledge
You must know that you are subject to a restraining order. If you were never properly served or informed, this may be a valid defense.
No Possession
If the firearm was not in your possession or control, the charge may not apply.
Invalid Restraining Order
If the restraining order was improperly issued or expired, it may not support a conviction.
Temporary or Innocent Possession
In limited situations, brief or incidental possession without criminal intent may be a defense.
Illegal Search and Seizure
If law enforcement obtained evidence through an unlawful search, your attorney may seek to suppress that evidence.
Related California Firearm Offenses
Several California laws are closely related to Penal Code 29825 and may be charged in connection with the same incident.
Possession of a Firearm by a Prohibited Person – Penal Code 29800
Penal Code 29800 makes it illegal for convicted felons and certain other prohibited individuals to possess firearms. This offense often overlaps with violations of restraining orders.
Carrying a Concealed Firearm – Penal Code 25400
Penal Code 25400 prohibits carrying a concealed firearm without proper authorization. This charge may be filed alongside possession offenses.
Carrying a Loaded Firearm in Public – Penal Code 25850
Penal Code 25850 makes it illegal to carry a loaded firearm in public places without legal authorization.
Criminal Protective Orders – Penal Code 136.2
Penal Code 136.2 allows courts to issue protective orders in criminal cases, including firearm restrictions.
Violation of a Restraining Order – Penal Code 273.6
Penal Code 273.6 makes it a crime to violate the terms of a restraining order, including firearm restrictions.
Frequently Asked Questions
What is Penal Code 29825 PC?
Penal Code 29825 makes it illegal to possess or own a firearm while subject to a court-issued restraining order.
Is PC 29825 a felony or misdemeanor?
It is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony depending on the facts of the case.
Do I have to know about the restraining order?
Yes. The prosecution must prove that you knew about the restraining order for a conviction under this law.
What happens if I accidentally have access to a firearm?
Even accidental or indirect access may result in charges, especially if you have control over the location where the firearm is stored.
Can charges be dismissed?
Yes. Charges may be reduced or dismissed if the prosecution cannot prove all elements of the offense or if a valid legal defense applies.
Criminal Defense for PC 29825 Charges
Being charged under Penal Code 29825 can have serious consequences, including jail or prison time and long-term restrictions on firearm ownership.
An experienced criminal defense attorney can:
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review the restraining order for legal validity
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challenge the prosecution's evidence
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evaluate whether possession can be proven
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file motions to suppress evidence
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negotiate for reduced charges or dismissal
If you are facing allegations involving firearm possession while subject to a restraining order, seeking legal representation as early as possible can significantly impact the outcome of your case.
The Hedding Law Firm is ready to assist you. Book your consultation now. We are located in Los Angeles, CA.
