California Codes

Cal. Penal Code § 29805 (2026)

✓ current as of May 2026
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(a)(1)Except as provided in Section 29855, subdivision (a) of Section 29800, or subdivision (b), any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 422.6, 626.9, 646.9, 830.95, 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, Section 487 if the property taken was a firearm, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

(2)Any person who has an outstanding warrant for any misdemeanor offense described in this subdivision, and who has knowledge of the outstanding warrant, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

(b)Any person who is convicted, on or after January 1, 2019, of a misdemeanor violation of Section 273.5, and who subsequently owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

(c)Any person who is convicted on or after January 1, 2020, of a misdemeanor violation of Section 25100, 25135, or 25200, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(d)Any person who is convicted on or after January 1, 2023, of a misdemeanor violation of Section 273a, subdivision (b) or (c) of Section 368, or subdivision (e) or (f) of Section 29180, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(e)Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who is convicted on or after January 1, 2024, of a misdemeanor violation of this section, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(f)Any person who is convicted on or after January 1, 2024, of a misdemeanor violation of paragraph (5), (6), or (7) of subdivision (c) of Section 25400, paragraph (5), (6), or (7) of subdivision (c) of Section 25850, subdivision (a) of Section 26350, or subdivision (a) of Section 26400, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(g)Any person who is convicted on or after January 1, 2025, of a misdemeanor violation of subdivision (a) of Section 597, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(h)Any person, who is convicted on or after January 1, 2026, of a misdemeanor violation of Section 24610, 27530, 29185, 29186, 30605, 30610, 32900, 33215, or 33600, and who, within 10 years of the conviction, owns, purchases, receives, or has in their possession or under their custody or control any firearm, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(i)The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.

Notes of Decisions
Cited in 17 cases (7 in the last 5 years), 2012–2026 · leading case: Brown v. Illinois State Police, 2021 IL 126153 (Ill. 2021).
Brown v. Illinois State Police, 2021 IL 126153 (Ill. 2021). · cites it 3× “” Cal. Penal Code § 29805 (a) (West 2012). - 12 - ¶ 38 Applied here, Brown asserts that his conviction for inflicting corporal injury to a spouse subjected him to section 29805(a) of the California Penal Code, which revoked his eligibility to possess firearms for 10 years after…”
Fortson v. Los Angeles City Attorney's Off., 852 F.3d 1190 (9th Cir. 2017). “California has since made minor changes to this law and changed its codification; the current version can be found at Cal. Penal Code § 29805 .”
Enos v. Holder, 855 F. Supp. 2d 1088 (E.D. Cal. 2012). “Effective January 1, 2012, California Penal Code § 12021(c)(1) was repealed and reenacted without substantive change as California Penal Code § 29805.”
Brown v. Illinois State Police, 2020 IL App (3d) 180409 (Ill. App. Ct. 2020). “Penal Code § 12021 (c)(1) (West 2001) (now codified as Cal. Penal Code § 29805 (a) (West 2012)).”
Brown v. Illinois State Police, 2020 IL App (3d) 180409 (Ill. App. Ct. 2021). “Penal Code § 12021 (c)(1) (West 2001) (now codified as Cal. Penal Code § 29805 (a) (West 2012)).”
People v. Loggins CA6 (Cal. Ct. App. 2021). · cites it 2× “Cod, § 11351) and misdemeanor possession of a firearm by a prohibited person (Pen. Code, § 29805). The trial court suspended imposition of sentence and placed defendant on probation for three years with various terms and conditions.”
People v. Starkey CA4/1 (Cal. Ct. App. 2015). · cites it 3× “2 The People also charged Starkey with unlawful possession of a firearm (Pen. Code, § 29805). The jury found Starkey guilty of this offense.”
People v. Cole CA3 (Cal. Ct. App. 2016). “(a)(1)); he unlawfully possessed a firearm within 10 years of a misdemeanor conviction for battery (Pen. Code, § 29805); and he unlawfully carried a concealed weapon within a vehicle (Pen.”
Ben Fortson v. L. A. City Attorney's Off. (9th Cir. 2017). “4 , his domestic violence conviction was vacated and his probation and protective order 1 California has since made minor changes to this law and changed its codification; the current version can be found at Cal. Penal Code § 29805 . FORTSON V. L.A.”
People v. Aguilar-Lopez CA3 (Cal. Ct. App. 2020). “Defendant was charged with felony possession of a firearm (Pen. Code, § 29805)1 and felony possession of ammunition (§ 30305, subd.”
People v. Ritter CA3 (Cal. Ct. App. 2020). “In March 2014, defendant was charged with being a felon in possession of a firearm (Pen. Code, § 29805—count 1),1 and possession of an assault weapon (§ 30605, subd.”
People v. Parrish CA3 (Cal. Ct. App. 2022). “(b)-(d)) and a charge of possession of firearm by a felon (Pen. Code, § 29805, subd. (a)). The trial court sentenced defendant to 25 years to life in state prison.”
— Cal. Penal Code § 29805(a) — 1 case
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