California Penal Code §29810 — Relinquishment of Firearms
PC §29810 requires anyone convicted of a firearm-prohibiting offense to relinquish all firearms via a Prohibited Persons Relinquishment Form (POP form) filed with the court and CA DOJ. The court must confirm compliance within a set timeline; noncompliance can trigger contempt, additional §29825 charges (possession while prohibited), and forfeiture. AB 1104 (2018) made §29810 procedurally rigorous — the court cannot sentence the defendant until relinquishment is documented.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Relinquishment of Firearms Cases in All LA County Courts
01 — Quick Facts
PC §29810 — Relinquishment of Firearms at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §29810 — Relinquishment of Firearms Upon Prohibiting Conviction |
| Code Type | Penal Code (PC) |
| Classification | Procedural — noncompliance = contempt / §29825 / §29800 |
| Timing | Firearms must be relinquished within timelines set at conviction (typically 24-48 hours to 30 days) |
| Form | POP (Prohibited Persons Relinquishment Form) |
| Assigning Party | Licensed dealer, law enforcement, or third-party designee (32-day window) |
| Court Verification | Court must confirm compliance before sentencing (AB 1104, 2018) |
| Noncompliance Penalty | Contempt, PC §29825 additional charge (up to 3 years), or PC §29800 for prior felons |
| Duration of Prohibition | 10 years (misdemeanor prior) or lifetime (felony prior) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §29810?
What Is California Penal Code §29810?
PC §29810 Reads:
"Upon conviction of any offense that renders a person subject to Section 29800 or 29805 ... the person shall relinquish all firearms in the person's possession or under the person's custody or control within specified timelines set by the court, and shall file a Prohibited Persons Relinquishment Form with the court and the Department of Justice."
— California Penal Code §29810 (paraphrased summary)
PC §29810 is the procedural gateway that ensures every firearm-prohibited defendant actually surrenders his firearms. It applies to anyone convicted of a §29800 (felony) or §29805 (enumerated misdemeanor) prohibiting offense. The defendant must (1) designate a licensed dealer, law enforcement agency, or eligible third-party consignee within 24-48 hours; (2) physically transfer all firearms within a court-set window; and (3) file the Prohibited Persons Relinquishment Form (POP form) with the court and CA DOJ.
§29810 vs. §29800 vs. §29825
§29810 is the procedural rule. §29800 is the substantive lifetime felon-in-possession prohibition. §29805 is the 10-year misdemeanor-based prohibition. §29825 is possession while subject to a court order or misdemeanor prohibition (wobbler, up to 3 years). §29810 noncompliance can trigger charges under any of these.
PC §29810 — Relinquishment Procedure
Procedural requirement upon prohibiting conviction. POP form + licensed dealer/LEA transfer + court verification.
PC §29825 — Possession While Prohibited by Order
Substantive possession offense when defendant possesses despite protective order or misdemeanor prohibition — wobbler, up to 3 years.
Why §29810 Compliance Matters Immediately
AB 1104 (2018) fundamentally changed the sentencing timeline. A defendant cannot be sentenced until §29810 relinquishment is documented. Noncompliance means (1) case cannot resolve — bench warrant risk; (2) contempt sanctions; (3) fresh §29825 or §29800 charges if firearms are later found. Rubin Law, P.C. handles the procedural mechanics start-to-finish — designation, transfer, POP form filing, and court verification.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §29810
PC §29810 is procedural rather than substantive — 'elements' are the compliance steps the court must find satisfied before sentencing.
Defendant Has a Prohibiting Conviction
Conviction of a §29800 felony (lifetime prohibition) or an enumerated §29805 misdemeanor (10-year prohibition) — including DV, brandishing, §273.5, §243(e)(1), §273a, and §646.9 stalking, among others.
Timely Designation and Transfer
Defendant must designate a consignee (licensed dealer under §26700, LEA, or eligible third party) within 24-48 hours of conviction and physically transfer all firearms within court-set window (typically 30 days).
Filed POP Form With Court and DOJ
The Prohibited Persons Relinquishment Form (POP form) must be filed with the sentencing court AND CA DOJ documenting each firearm surrendered, its serial number, and the consignee.
04 — Penalties
Penalties for PC §29810 Relinquishment of Firearms in California
§29810 is procedural. Noncompliance triggers substantive charges under §29800, §29805, §29825, and/or contempt.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §29810 Noncompliance — Contempt | CCP §1209 / PC §166 | Up to 6 months county jail | Available | No |
| Possession by Misdemeanor Prohibitor | PC §29805 | Up to 1 year county jail | Available | No |
| Possession Despite Restraining Order | PC §29825 | Up to 3 years county jail (wobbler) | Available | No |
| Possession by Prior Felon | PC §29800(a)(1) | 16 months, 2, or 3 years county jail | Limited | No |
| Federal Firearm Possession | 18 USC §922(g) | Up to 10 years federal prison | Rare | N/A |
Enhancements That Compound §29810 Noncompliance
Federal Referral for Firearm Possession
18 USC §922(g)
ATF prosecutes noncompliance under §922(g) — up to 10 years federal.
Bench Warrant for Failure to Comply
PC §978.5
Court issues bench warrant when relinquishment not documented before sentencing.
Multiple Firearms — Consecutive Charging
PC §29800/§29805
Each retained firearm is a separate count; consecutive sentencing common.
Restraining-Order Firearm Ban
PC §29825
DVROs, GVROs, and criminal protective orders all trigger separate §29825 exposure.
Prior §29810 Violation
PC §29810
Serial noncompliance increases sentence recommendation and probation revocation risk.
Beyond the Sentence
- Cannot be sentenced on underlying case until relinquishment documented (AB 1104)
- Bench warrant for noncompliance
- Fresh §29800/§29805/§29825 charges if firearms located post-conviction
- Federal 18 USC §922(g) exposure — up to 10 years
- Firearm forfeiture — no return even after prohibition expires
- Loss of professional licenses (peace officer, security guard, hunting)
- Federal firearm prohibition parallel to state
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §29810 Relinquishment of Firearms Charges
§29810 is procedural — 'defense' is compliance management. Rubin Law, P.C. handles the mechanics of designation, transfer, and POP form filing.
Full Compliance Program
Rubin Law manages the relinquishment start-to-finish — designate consignee, transfer firearms, file POP form, coordinate with CA DOJ AFS, and verify with court.
AB 1104 (2018)
Alternative Consignee — Third Party
PC §29830 permits transfer to an eligible third party (non-prohibited relative or friend). This preserves ownership post-prohibition rather than dealer sale/forfeiture.
PC §29830
Underlying Conviction Not a Prohibitor
Some offenses commonly assumed to be §29805 prohibitors are not. Careful analysis of the specific subsection is critical. §17(b) reduction pre-sentencing may alter status.
Extension of Time to Relinquish
Motion under §29810 for extended time when firearms are in secured storage, out-of-state, or held by third parties — court has discretion to extend.
PC §29810
Firearms Inventory Accuracy
Careful review of CA DOJ Automated Firearms System (AFS) records to ensure the POP form matches DOJ's registration data — mismatch triggers additional §29825 exposure.
CA DOJ AFS
Estate / Family Preservation
For heirloom or high-value firearms, structuring the §29830 third-party transfer to preserve family ownership and enable future return upon prohibition expiration.
PC §29830
Prohibition-Expiration Return
For 10-year misdemeanor prohibitions, planning return via §29830 consignee at expiration — DOJ background check required.
Constitutional Sources
07 — Court Process
How PC §29810 Relinquishment of Firearms Cases Move Through Los Angeles Courts
§29810 compliance is integrated into every prohibiting-conviction sentencing.
- 1
Step 1 — Plea / Verdict on Prohibiting Offense
At entry of plea or verdict, court advises defendant of §29810 relinquishment obligation and provides POP form.
- 2
Step 2 — 24-48 Hour Consignee Designation
Defendant must designate a licensed dealer, law enforcement, or §29830 third-party consignee within 24-48 hours.
- 3
Step 3 — 30-Day Transfer Window
All firearms must be physically transferred to the consignee within the court-set window (typically 30 days).
- 4
Step 4 — POP Form Filing
The completed POP form is filed with the sentencing court AND CA DOJ, documenting each firearm surrendered.
- 5
Step 5 — Court Verification (AB 1104)
Court verifies compliance BEFORE sentencing. Noncompliance triggers bench warrant and delay.
- 6
Step 6 — Sentencing Completion
Once §29810 compliance verified, court proceeds with sentencing on the underlying prohibiting offense.
Los Angeles Courts That Handle PC §29810 Relinquishment of Firearms Cases
§29810 procedural compliance is enforced at every LA County criminal courthouse.
Clara Shortridge Foltz Criminal Justice Center
Central LA — high-volume §29810 compliance calendar.
Van Nuys Courthouse
San Fernando Valley §29810 compliance.
Long Beach Courthouse
South Bay §29810 compliance.
Airport Courthouse
West LA §29810 compliance.
Pomona Courthouse
Eastern LA County §29810 compliance.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Relinquishment of Firearms Defense Attorney
Daniel S. Rubin has defended clients charged with relinquishment of firearms and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §29810 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Relinquishment of Firearms Cases Throughout LA County
09 — FAQs
PC §29810 Relinquishment of Firearms Questions — Los Angeles
What triggers a PC §29810 relinquishment obligation?
Any conviction that renders the defendant subject to PC §29800 (felony — lifetime prohibition) or PC §29805 (enumerated misdemeanors — 10-year prohibition), including DV under §273.5, §243(e)(1), brandishing (§417), §273a child abuse, and §646.9 stalking. The obligation attaches at conviction, and AB 1104 (2018) requires court verification before sentencing.
How long do I have to relinquish my firearms?
Timing is court-set. Typically: consignee designation within 24-48 hours of conviction; physical transfer within 30 days; POP form filing with the court and CA DOJ before sentencing. Extensions are available on motion when firearms are in secured storage, out-of-state, or held by a third party.
What is the POP form?
The Prohibited Persons Relinquishment Form (POP form) is the CA DOJ document that catalogs every firearm surrendered upon a prohibiting conviction. It lists make, model, serial number, and the consignee (licensed dealer, LEA, or §29830 third party). It must be filed with the sentencing court AND CA DOJ.
Can I transfer my firearms to a family member instead of surrendering them?
Yes. PC §29830 permits transfer to an eligible third-party consignee — typically a non-prohibited relative or friend. The consignee must not reside with the defendant, must not be a prohibited person, and must submit paperwork to CA DOJ. This preserves ownership and enables future return upon prohibition expiration (for §29805 10-year prohibitions).
What happens if I don't comply with §29810?
Sentencing cannot proceed under AB 1104. Court issues bench warrant. If firearms are later found in your possession, fresh charges under §29800 (felony), §29805 (misdemeanor), or §29825 (wobbler) up to 3 years follow — plus potential federal 18 USC §922(g) exposure of up to 10 years.
Can I get my firearms back after a 10-year misdemeanor prohibition expires?
Yes if firearms were preserved via a §29830 third-party consignee. After expiration, defendant applies for a DOJ Personal Firearms Eligibility Check ($20) confirming non-prohibited status, then coordinates return via the consignee through a licensed dealer with a fresh DROS background check. Firearms surrendered to law enforcement or dealer sales are permanently lost.
Does §29810 apply to my ammunition, magazines, and other accessories?
The core relinquishment covers firearms as defined by PC §16520. Prop 63 (2016) and related legislation impose parallel obligations on ammunition possession by prohibited persons under PC §30305, and on high-capacity magazines under §32310. Comprehensive relinquishment planning addresses all three.
Is compliance with §29810 something I can do myself, or do I need a lawyer?
Compliance can technically be done pro se, but the paperwork mismatches, DOJ AFS inventory issues, third-party consignee eligibility questions, and timing extensions are areas where Rubin Law, P.C. adds substantial value — avoiding fresh §29825/§29800 charges and preserving ownership via §29830 planning. We handle the process start-to-finish.
Available 24/7 — Free Consultation
Facing PC §29810 Firearm Relinquishment?
AB 1104 halts sentencing until compliance is documented. §29830 third-party planning can preserve ownership. Call Rubin Law, P.C. — free consult (213) 723-2337.