What Penal Code 29805 actually does.
Penal Code section 29805 makes it an offence for a person convicted of certain misdemeanour violations to own, purchase, receive, or have in possession or under custody or control any firearm within ten years of the conviction.
The point people miss is in that word: misdemeanour. This is not the felony firearm prohibition. A case that resolved as a misdemeanour, possibly years ago, possibly with no custody at all, can still carry a decade-long firearm bar.
The listed offences include some that come up constantly in ordinary criminal practice — assault under section 240 and 241, battery under 242 and 243, assault with a deadly weapon under 245, corporal injury under 273.5, violation of a protective order under 273.6, brandishing under 417, criminal threats under 422, and stalking under 646.9, among a long list of others.
The section was amended by Stats. 2025, Ch. 636 (AB 1263), so anyone relying on older guidance about which offences are covered should have it checked against the current text.
Why this catches people out.
The prohibition attaches to the conviction. It doesn't require anyone to have explained it to you at the time, and it doesn't depend on whether firearms had anything to do with the original case.
That has two practical consequences. First, people discover it at the point of a purchase or a background check, years later. Second — and this is the part that matters most — it is a reason to think carefully about a misdemeanour plea before entering it, not after. Which section you plead to determines whether this applies at all.
If you're facing one of the listed charges now and firearm rights matter to you, for work or otherwise, say so early. It changes what a good resolution looks like.
What usually matters.
The exact section of conviction. Not the conduct, not the arrest charge — the section you were actually convicted under. Small differences decide whether 29805 applies.
When the ten years runs from. The conviction date, not the arrest or the end of probation.
Whether relief is available. Section 29805 itself refers to exceptions, and post-conviction relief may affect the position. It's fact-specific and worth actually checking rather than assuming either way.
What you plead to, if the case is still live. This is the leverage point, and it exists before the plea rather than after it.
How I handle these.
- Read the file first. Before I tell you what I think of it. What the report supports is usually narrower than what it alleges.
- Check the technical ground. The stop, the search, the testing, the paperwork — each of which is checkable rather than a matter of opinion.
- Work out what a good outcome looks like for you. That depends on your job, your record, your licence and what you actually need to protect. It isn't the same answer for everyone.
- Negotiate from what the file supports. Most cases resolve, and the leverage comes from knowing precisely what it will and won't carry.
- Trial where the offer isn't reasonable.
Where I handle these.
Across ten Northern California counties, from offices in Sacramento at 701 E Street and Roseville at 970 Reserve Drive, Suite 116. Licensed since 1999, State Bar number 203402.
Questions I hear most.
Does a misdemeanour really cost me firearm rights?
For the offences listed in Penal Code 29805, yes — ten years from the date of conviction. It is a common surprise precisely because it doesn't require a felony. I've written more on how criminal defense fees actually work.
Which convictions trigger it?
A long statutory list including assault, battery, assault with a deadly weapon, corporal injury under 273.5, violating a protective order, brandishing, criminal threats and stalking. The list was amended by Stats. 2025, Ch. 636, so it should be checked against current text rather than older summaries. For the wider picture, see weapons charges.
When does the ten years start?
From the conviction, not from the arrest or from when probation ends. For the wider picture, see weapons charges.
Can anything be done about it?
Sometimes. The statute itself contains exceptions and post-conviction relief can be relevant. It depends on the conviction and the facts, which is a conversation rather than a web page. For the wider picture, see weapons charges.
The statutes on this page
Statutory text checked against the California Legislative Information site on 6 August 2026. California criminal statutes commonly amend effective 1 January — if you are reading this well after that date, ask me rather than relying on it.
I treat my clients the way I would want an attorney to treat my mother, if she met with one. Call (916) 277-8299. The consultation is free.
