Many individuals know that a felony conviction results in a lifetime loss of Second Amendment rights to buy, possess, or own firearms or ammunition under federal law.

However, California law also imposes additional restrictions that can limit firearm ownership for certain misdemeanor convictions, unlike federal regulations.

Many people are unaware that, beyond a misdemeanor domestic violence conviction under Penal Code 273.5, there are numerous other misdemeanors for which someone has an outstanding warrant or has been convicted; similarly, California law imposes a ten-year firearm ban for such offenses.

In California, a felony conviction universally results in a lifetime ban on firearm ownership or possession. Many individuals are often surprised to discover that some misdemeanor offenses can also limit their firearms rights. These limitations usually last for 10 years but can sometimes be permanent, especially in cases involving domestic violence.

California Penal Code Section 29805 specifies 49 misdemeanor convictions that result in a prohibition on owning firearms. It covers various acts, including physical violence, threats, and other hazardous behaviors like reckless endangerment or intimidation.

What Are Some Misdemeanor Examples?

Examples include convictions for assault, battery, domestic violence, weapon brandishing, or criminal threats. Additionally, misdemeanor battery convictions, including domestic battery, may lead to a 10-year firearm ownership ban.

Certain domestic violence crimes, like inflicting corporal injury on a spouse or cohabitant, can result in a lifetime ban under federal law, but only a 10-year ban under California law.

Being convicted of brandishing a weapon, particularly to a peace officer or for a second offense, may result in a firearm ban. Additionally, making credible threats of violence can lead to a temporary prohibition on owning firearms.

Threatening public officers, employees, or school officials may result in a 10-year firearm ban. Misdemeanor convictions for stalking can also trigger a decade-long ban on firearm possession. Additionally, specific violations involving weapons, like possessing a firearm in a school zone or transporting a machine gun, can lead to a firearm ban.

The length of a firearm ban depends on the particular misdemeanor conviction and whether it qualifies as a domestic violence crime. This information can help you understand the possible impact on your Second Amendment rights if you're facing charges.

Quick Facts about CA Firearm Restrictions 

California's firearm restrictions under state law are usually wider than federal regulations, addressing many gaps. Generally, California prohibits a person from buying, obtaining, or possessing firearms under certain conditions, such as:

• Has a conviction for specific domestic violence crimes.
• Has been convicted of one or more crimes involving violence, such as child or elder abuse.
• Has been convicted of illegally misusing firearms or violating laws related to the safe storage of firearms around minors.
• Starting in 2025, individuals convicted of misdemeanor animal abuse will be prohibited from owning firearms for a decade.
• The individual is aware of an outstanding arrest warrant related to a firearm-prohibitive criminal offense.
• The person knows they are subject to a protective order, restraining order, temporary restraining order, or injunction issued by a court.
• The individual is subject to a gun violence restraining order, civil harassment or workplace restraining order, elder and dependent adult abuse restraining order, and a private postsecondary school violence restraining order.
• Has a condition of probation and is prohibited or restricted from owning, possessing, controlling, receiving, or purchasing a firearm.
• A person is considered a ward of the juvenile court if they committed an offense involving violence, drugs, or firearms. This designation lasts until the individual turns 30.
• Is disqualified due to a history of severe mental illness or chronic alcoholism, including individuals court-judged as a danger to themselves or others because of mental illness, those found mentally incompetent to stand trial, persons found not guilty by reason of insanity, and those classified as mentally disordered sex offenders.

Misdemeanor Offenses Resulting in a Firearm Ban

• Simple assault as defined under Penal Code §§ 240 or 241.
• Battery, which includes simple and domestic battery (Penal Code §§ 242 or 243).
• Sexual battery as defined in Penal Code § 243.4.
• Assault using a deadly weapon that is not a firearm (Penal Code § 245).
• Shooting at occupied vehicles or buildings (Penal Code § 247).
• Carrying or possessing loaded firearms in government buildings, such as state capitols (Penal Code § 171c).
• Supplying weapons to gangs (Penal Code § 186.28).
• Threatening judges or officers (Penal Code § 76): If the threat shows the apparent ability to act, it triggers a ban.
• Intimidation of witnesses or victims (Penal Code § 136.1).
• Displaying a deadly weapon that is not a firearm (Penal Code § 417).
• credibly threatening serious harm (Penal Code § 422).
• Stalking (Penal Code § 646.9).
• Having a deadly weapon with the intent to assault (Penal Code § 17500).
• Criminal possession of a firearm (Penal Code § 25300).
• Discharging a firearm from a vehicle (Penal Code § 26100).
• Owning a firearm after being legally declared mentally unfit (Welfare & Institutions Code § 8103).
• Bringing firearms into youth detention facilities or similar institutions (Welfare & Institutions Code § 1001.5).
• Various violations related to firearm sales and transfers (Penal Code § 27590).
• Owning or possessing firearms while under a Gun Violence Restraining Order (Penal Code § 18205).
• Assault using a firearm (see Penal Code § 245 and related laws).
• Shooting at an occupied residence or vehicle (Penal Code § 246).
• Intentionally disobeying a domestic violence protective order (Penal Code § 273.6).

What Are the Firearm Ban Options?

Anyone prohibited from owning or possessing firearms under California law or other laws has multiple options, including the following:

• Hand over the firearms to a law enforcement agency,
• Sell or transfer to a licensed firearms dealer.
• Transfer the firearm to a licensed firearms dealer for safekeeping during the prohibition period.
• Sell or transfer the firearms to a nonprohibited third party who does not live with the prohibited person, using a licensed firearms dealer.

A dealer may impose a storage fee on the owner and is required to inform the California Department of Justice of the date they took possession of any firearms obtained this way.

Under California law, anyone over 18 living with someone who is legally restricted from possessing a firearm must securely store any firearms in the shared residence. This means the firearm must be stored safely, carried, or controlled by the lawful owner or an authorized user.

If faced with such charges, it's crucial to consult a knowledgeable California criminal defense lawyer. They can consider options such as negotiating plea deals, diversion programs, or other strategies suited to your case to avoid a conviction. Contact the Hedding Law Firm for a case review.