California Penal Code §29825 — Firearms with Restraining Order
PC §29825 makes it a wobbler to own, purchase, receive, possess, or have under custody or control any firearm knowing that the person is prohibited from doing so by a temporary restraining order, injunction, protective order, or a court order issued pursuant to PC §136.2, §646.91, Family Code §6218/§6389, or WIC §15657.03. Punishable by up to 1 year in county jail (misdemeanor) or 16 months, 2, or 3 years (felony). §29825 is California's principal 'possession-while-under-order' firearm statute.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Firearms with Restraining Order Cases in All LA County Courts
01 — Quick Facts
PC §29825 — Firearms with Restraining Order at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §29825 — Firearm Possession Prohibited by Court Order |
| Code Type | Penal Code (PC) |
| Classification | Wobbler (misdemeanor or felony) |
| Misdemeanor Penalty | Up to 1 year county jail |
| Felony Penalty | 16 months, 2, or 3 years county jail |
| Triggering Orders | DVRO (Family Code §6218/§6389), CPO (PC §136.2), Stalking (PC §646.91), Elder Abuse (WIC §15657.03), GVRO (PC §18100+) |
| Federal Parallel | 18 USC §922(g)(8) — parallel federal lifetime prohibition during DV order |
| Duration | While the underlying order is in effect |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §29825?
What Is California Penal Code §29825?
PC §29825 Reads:
"Every person who owns, purchases, receives, or has in possession or under custody or control, any firearm and who has knowledge that they are prohibited from doing so by a temporary restraining order or injunction issued pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, a protective order as defined in Section 6218 of the Family Code, a protective order issued pursuant to Section 136.2 or 646.91 of this code, or a protective order issued pursuant to Section 15657.03 of the Welfare and Institutions Code, is guilty of a public offense."
— California Penal Code §29825(a) (paraphrased)
PC §29825 criminalizes firearm possession while subject to an active court order that prohibits it. The statute requires KNOWLEDGE of the prohibition — meaning proper service of the underlying order is a foundational element. §29825 is charged in domestic-violence, stalking, workplace-violence, and elder-abuse cases, and increasingly in gun-violence-restraining-order (GVRO) enforcement.
§29825 vs. §29800 vs. §29805
§29825 targets possession while under an order — a court-order-based prohibition. §29800 is a lifetime felony conviction prohibition. §29805 is a 10-year misdemeanor prohibition. A single defendant can trigger all three: convicted felon (§29800) + prior DV misdemeanor (§29805) + active DVRO (§29825).
PC §29825 — Order-Based Prohibition
Possession while subject to DVRO, CPO, stalking order, GVRO, or elder-abuse order. Wobbler. Duration = life of the order.
PC §29800 — Felony Conviction Ban
Lifetime prohibition following any felony conviction. Straight felony. Permanent.
Why Knowledge & Service Drive §29825 Defense
§29825 requires proof the defendant KNEW of the prohibition. Under People v. Jason K. (2010) 188 Cal.App.4th 1545 and In re E.G. (2016), proper service of the underlying order is the primary knowledge vehicle. Improper service, orders that failed to advise of firearm prohibition, and orders that predated the AB 218 (2019) uniform-notice requirements are the strongest defenses. Rubin Law, P.C. defends by reconstructing the service timeline and challenging notice adequacy.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §29825
The prosecution must prove each of the following elements beyond a reasonable doubt.
A Qualifying Court Order Was in Effect
One of the enumerated orders: DVRO (Family §6218), CPO (PC §136.2), stalking order (PC §646.91), civil harassment TRO (CCP §527.6), workplace-violence TRO (CCP §527.8), elder-abuse order (WIC §15657.03), or GVRO (PC §18100+). The order must be current at the time of the alleged possession.
Defendant Owned, Possessed, or Controlled a Firearm
Standard possession — actual (on person or in immediate control) or constructive (dominion and control over storage location). Same actus reus as §29800.
Defendant Knew of the Prohibition
Actual or constructive knowledge — typically established by proper personal service of the order, in-court advisement under Family Code §6304, or a signed acknowledgment. AB 218 (2019) mandates uniform firearm-prohibition notice on all qualifying orders.
04 — Penalties
Penalties for PC §29825 Firearms with Restraining Order in California
§29825 is a wobbler — misdemeanor or felony at DA discretion. Felony filing is common for repeat DV cases, active-order violations with new violence allegations, or GVRO enforcement.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §29825 Misdemeanor | PC §29825 | Up to 1 year county jail | Available | No |
| §29825 Felony | PC §29825 | 16 months, 2, or 3 years county jail | Available | No |
| Concurrent DVRO Violation | PC §273.6 | Up to 1 year jail (misdemeanor) | Available | No |
| Concurrent CPO Violation | PC §166(c) | Up to 1 year jail (misdemeanor) | Available | No |
| Federal §922(g)(8) | 18 USC §922(g)(8) | Up to 10 years federal prison | Rare | No |
Enhancements That Increase §29825 Exposure
Federal Referral
18 USC §922(g)(8)
Federal parallel for DV orders — 10-year exposure. USAO referral common in serious cases.
New DV Predicate
PC §273.5
Fresh DV act concurrently charged — corporal injury on spouse/cohabitant.
Prior §29800 / §29805
PC §29800 / §29805
Prior firearm-prohibition conviction can trigger concurrent charges.
Ammunition Prohibition
PC §30305
Ammunition possession by prohibited person — up to 1 year jail concurrently.
Prior Strike
PC §667(e)(1)
Doubles the term under Three Strikes if defendant has adult strike prior.
Beyond the Sentence
- Federal 18 USC §922(g)(8) lifetime firearm prohibition during any DV order
- PC §29810 mandatory firearm relinquishment (all firearms, not just charged one)
- Enhanced-scope DVRO or GVRO on release
- Immigration deportability for firearm offense under 8 USC §1227(a)(2)(C)
- Professional license consequences (peace officer, security guard)
- Custody / visitation impact under Family Code §3044 rebuttable presumption
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §29825 Firearms with Restraining Order Charges
§29825 defenses focus on notice adequacy, order validity, and possession.
Improper Service / No Notice
Was the underlying order properly served? Did it include mandated firearm-prohibition notice under AB 218? Was defendant present at issuance? Notice-adequacy is the primary defense.
Family Code §6304 / AB 218
Order Not in Effect
Order expired, dismissed, or modified to allow possession before alleged conduct. Careful order-history retrieval and CLETS record review.
Family Code §6345
No Knowing Possession
Constructive-possession defenses under People v. Sifuentes — shared home, third-party firearm, no knowledge of location.
People v. Sifuentes
Fourth Amendment Suppression
Warrantless home entry, order-search overreach, Rodriguez prolongation. PC §1538.5 motion.
PC §1538.5
Prompt Relinquishment Defense
Defendant complied with PC §29810 relinquishment within statutory window — firearm found was in transit or already surrendered.
§17(b) Reduction
Post-plea reduction of felony §29825 to misdemeanor under PC §17(b) — critical for immigration and professional licensing.
Underlying Order Vacated
If underlying DVRO/CPO is later vacated or set aside on procedural grounds, §29825 charge lacks foundation.
Family Code §6345
Constitutional Sources
07 — Court Process
How PC §29825 Firearms with Restraining Order Cases Move Through Los Angeles Courts
§29825 cases typically originate from DV enforcement, GVRO service, or firearms-relinquishment audit.
- 1
Step 1 — Underlying Order Issued
DVRO, CPO, stalking order, GVRO, or elder-abuse order is issued with firearm-prohibition notice.
- 2
Step 2 — Firearm Discovery
Discovery during LEA welfare check, DV call, probation search, or DOJ AFS audit revealing failure to relinquish under §29810.
- 3
Step 3 — Arrest & Filing
DA reviews charging: misdemeanor §29825 for compliance-oriented cases; felony §29825 for new violence, gang, or prior firearm history.
- 4
Step 4 — Arraignment
Bail typically $10,000-$50,000; higher for felony filings with new violence.
- 5
Step 5 — Motion Practice
PC §1538.5 suppression, notice-adequacy motions, order-validity challenges, and §995 dismissal on knowledge element.
- 6
Step 6 — Resolution
Notice-adequacy dismissal, misdemeanor plea with firearms surrender, §17(b) reduction, diversion under PC §1001.36 where mental-health nexus exists.
Los Angeles Courts That Handle PC §29825 Firearms with Restraining Order Cases
§29825 cases are prosecuted at LA County criminal courthouses.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Firearms with Restraining Order Defense Attorney
Daniel S. Rubin has defended clients charged with firearms with restraining order 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 §29825 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Firearms with Restraining Order Cases Throughout LA County
See our full Firearms with Restraining Order defense practice
09 — FAQs
PC §29825 Firearms with Restraining Order Questions — Los Angeles
Which orders trigger §29825?
Six categories: (1) DVRO under Family Code §6218/§6389 (domestic-violence restraining orders); (2) CPO under PC §136.2 (criminal protective orders); (3) stalking orders under PC §646.91; (4) civil harassment TROs under CCP §527.6; (5) workplace-violence TROs under CCP §527.8; (6) elder-abuse orders under WIC §15657.03; and GVROs under PC §18100+.
Do I need to have been personally served for §29825 to apply?
The knowledge element requires that you knew of the prohibition. Personal service is the standard proof, but presence at the issuance hearing plus in-court advisement under Family Code §6304, or a signed acknowledgment, also suffice. Substitute service can suffice if statutory conditions are met. AB 218 (2019) requires uniform firearm-prohibition notice on all qualifying orders.
What if I owned firearms before the order was issued?
PC §29810 requires you to relinquish ALL firearms — regardless of when acquired — within 24 hours to a licensed dealer, LEA, or approved third-party consignee, and file a Prohibited Persons Relinquishment Form (POP form). Failure to relinquish triggers §29825 the moment the order takes effect.
Does §29825 apply to ammunition and magazines?
§29825 is firearm-specific, but Prop 63 (2016) added parallel ammunition prohibitions under PC §30305 for persons subject to protective orders, and §32310 governs high-capacity magazines. All three should be addressed in relinquishment planning.
How does federal law affect §29825 cases?
18 USC §922(g)(8) makes it a federal crime — 10-year exposure — to possess a firearm while subject to a DV protective order that meets specific statutory criteria (notice, hearing, no-contact restraint). Not all state orders trigger §922(g)(8), but most DVROs do. Federal referral is possible in serious cases. The June 2024 United States v. Rahimi decision upheld §922(g)(8) against Second Amendment challenge.
Does the underlying DVRO have to be permanent, or does a TRO count?
Both count. Temporary restraining orders (TROs) — including emergency protective orders (EPOs) under PC §646.91 valid for up to 7 days — trigger §29825 during their effective period. Permanent orders (typically 5-year DVROs) create long-duration prohibitions. The critical question is whether the order is CURRENT.
Can §29825 be reduced to a misdemeanor?
Yes if charged as a felony — PC §17(b) motion reduces to misdemeanor for state-law purposes. Meaningful for professional licensing, expungement under PC §1203.4, and some immigration relief. §17(b) reduction does not eliminate the underlying order or the §922(g)(8) federal prohibition during the order's life.
What if the underlying order was later vacated?
If the underlying DVRO/CPO is set aside on procedural grounds (improper service, lack of jurisdiction, insufficient evidence), the foundation for §29825 collapses. Careful timing analysis is required — the order must have been VOID (not merely voidable) at the time of possession. People v. Gonzalez (2008) 43 Cal.4th 1118 controls the collateral-attack analysis.
Available 24/7 — Free Consultation
Charged Under PC §29825 Firearm Possession Despite Court Order?
Notice adequacy, order validity, and possession defenses drive these cases. Federal §922(g)(8) exposure is real. Call Rubin Law, P.C. — free consult (213) 723-2337.