California Penal Code §29805 — 10-Year Firearm Prohibition (Misdemeanor Priors)
PC §29805 makes it a wobbler for anyone convicted of an enumerated misdemeanor to own, purchase, receive, or possess a firearm within 10 years of the conviction. Certain domestic-violence and stalking misdemeanors (PC §273.5, §273.6, §646.9) now trigger a lifetime firearm ban under state law after AB 3129 and 18 USC §922(g)(9). Distinct from PC §29800 (felon-in-possession — lifetime ban for any felony).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · 10-Year Firearm Prohibition (Misdemeanor Priors) Cases in All LA County Courts
01 — Quick Facts
PC §29805 — 10-Year Firearm Prohibition (Misdemeanor Priors) at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §29805 — Misdemeanor Firearm Prohibition |
| Code Type | Penal Code (PC) |
| Classification | Wobbler |
| Misdemeanor | Up to 1 year county jail; up to $1,000 fine |
| Felony | 16 months, 2, or 3 years county jail (§1170(h)) |
| Duration — Default | 10-year prohibition from date of conviction |
| Duration — Lifetime | Lifetime ban for §273.5, §273.6, §646.9, and other DV/stalking priors |
| Federal Parallel | 18 USC §922(g)(9) — lifetime federal ban on misdemeanor DV |
| Enumerated Priors | 40+ misdemeanor offenses listed in §29805(a) — assault, battery, DV, brandishing, threats, elder abuse |
| vs §29800 | §29800 = felon-in-possession, lifetime ban; §29805 = misdemeanor prior, 10-yr or lifetime ban |
| Immigration | Firearm offense — deportability trigger under 8 USC §1227(a)(2)(C) if felony |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §29805?
What Is California Penal Code §29805?
PC §29805 Reads:
"Any person who has been convicted of a misdemeanor violation of [enumerated offenses], 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…"
— California Penal Code §29805(a)
§29805 is the misdemeanor counterpart to §29800. Certain misdemeanor convictions — mostly violence, threats, and firearm-related misdemeanors — carry a 10-year firearm prohibition. A defendant who acquires or possesses a firearm within that 10-year window commits a wobbler under §29805.
Which Misdemeanors Trigger §29805?
§29805(a) lists more than 40 offenses, including PC §242 battery, §243(e)(1) DV battery, §245 assault with a deadly weapon (if misdemeanor), §273.5 DV, §273.6 protective-order violation, §646.9 stalking, §417 brandishing, §422 criminal threats, §148.5 false report, and §368 elder abuse. §273.5, §273.6, and §646.9 now carry a lifetime prohibition under both state law and federal 18 USC §922(g)(9).
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §29805
The prosecution must prove each element beyond a reasonable doubt (CALCRIM 2512).
Qualifying Prior Conviction
Defendant has a prior misdemeanor conviction on the §29805(a) enumerated list.
Within 10 Years (or Lifetime for DV/Stalking)
Firearm possession occurred within the applicable prohibition window.
Ownership / Purchase / Receipt / Possession
Defendant owned, purchased, received, or possessed a firearm.
Knowledge
Defendant knew of the firearm's presence and character.
04 — Penalties
Penalties for PC §29805 10-Year Firearm Prohibition (Misdemeanor Priors) in California
§29805 is a wobbler; filing tier depends on the underlying prior and current circumstances.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §29805 — Misdemeanor Filing | PC §29805(a) | Up to 1 year county jail; up to $1,000 fine | Available | No |
| §29805 — Felony Filing | PC §29805(a) via §1170(h) | 16 months, 2, or 3 years county jail | Available | No |
| Federal 18 USC §922(g)(9) Parallel | 18 USC §922(g)(9) | Up to 10 years federal prison | Federal supervised release | N/A |
Related Prohibitions
Lifetime DV Ban
PC §29805(b) / 18 USC §922(g)(9)
PC §273.5, §273.6, and §646.9 convictions trigger a LIFETIME firearm prohibition — not the 10-year default. Voisine v. United States (2016) confirmed federal application.
PC §29800 Felony Overlap
PC §29800
Defendant with a felony prior faces §29800 lifetime ban regardless of §29805.
PC §29820 — Juvenile Priors
PC §29820
Certain juvenile adjudications trigger firearm prohibition until age 30.
Additional Consequences Beyond Prison
- Any firearm found on the premises is subject to forfeiture under PC §29810
- Federal 18 USC §922(g)(9) prosecution parallel — up to 10 years federal prison
- Immigration: felony §29805 is a firearm-offense trigger under 8 USC §1227(a)(2)(C)
- PC §17(b) reduction available on felony filings — often the entire defense goal
- PC §1203.4 relief on the underlying misdemeanor does NOT restore federal firearm rights under Voisine
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §29805 10-Year Firearm Prohibition (Misdemeanor Priors) Charges
§29805 defenses attack the prior, possession, and knowledge.
Prohibition Period Expired
Precise date calculation — the 10-year clock runs from date of conviction, not sentence completion. If more than 10 years have passed, the §29805 charge fails.
Timing
Not a Qualifying Prior
Not every misdemeanor triggers §29805 — only the enumerated §29805(a) list. Motion to dismiss when the prior is not enumerated.
Predicate
No Knowledge / No Possession
Firearm belonged to spouse, roommate, or family member — defendant lacked knowledge or control.
Mens Rea
PC §1538.5 Suppression
Firearm evidence suppressed on Fourth Amendment grounds — most §29805 cases arise from home searches ripe for suppression.
Fourth Amendment
PC §17(b) Reduction
Reduce felony §29805 to misdemeanor to preserve immigration status and eliminate lifetime ban stacking.
Constitutional Sources
07 — Court Process
How PC §29805 10-Year Firearm Prohibition (Misdemeanor Priors) Cases Move Through Los Angeles Courts
§29805 cases turn on the prior calculation and the search.
- 1
Step 1 — Firearm Seizure
Firearm seized during traffic stop, home search, or DV response call.
- 2
Step 2 — Prior Verification
DA obtains certified conviction records and calculates the 10-year window.
- 3
Step 3 — Filing Decision
DA elects misdemeanor or felony §29805 filing.
- 4
Step 4 — Arraignment
PC §29810 forfeiture orders entered; bail or OR release.
- 5
Step 5 — Motion to Suppress (§1538.5)
Fourth Amendment challenge to the search that discovered the firearm — often the case-dispositive motion.
- 6
Step 6 — Prior Challenge
Prior enumerated? Prior properly certified? 10 years elapsed? Each is a potential defense.
- 7
Step 7 — Trial or Plea
PC §17(b) reduction on felony filings; plea to reduced firearm-storage or non-firearm counts.
- 8
Step 8 — Sentencing / Forfeiture
Firearm forfeited under §29810; probation search terms typically imposed.
Los Angeles Courts That Handle PC §29805 10-Year Firearm Prohibition (Misdemeanor Priors) Cases
§29805 is heard in the district weapons calendar.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles 10-Year Firearm Prohibition (Misdemeanor Priors) Defense Attorney
Daniel S. Rubin has defended clients charged with 10-year firearm prohibition (misdemeanor priors) 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 §29805 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | 10-Year Firearm Prohibition (Misdemeanor Priors) Cases Throughout LA County
See our full 10-Year Firearm Prohibition (Misdemeanor Priors) defense practice
09 — FAQs
PC §29805 10-Year Firearm Prohibition (Misdemeanor Priors) Questions — Los Angeles
How long does the §29805 firearm prohibition last?
The default is 10 years from the date of conviction. Domestic-violence misdemeanors under PC §273.5, protective-order violations under §273.6, and stalking under §646.9 now trigger a lifetime prohibition under both state and federal law.
Does PC §1203.4 expungement restore my firearm rights?
No. Under Voisine v. United States (2016), federal 18 USC §922(g)(9) firearm disability is not lifted by California §1203.4 dismissal for DV misdemeanor priors. Full rights restoration typically requires a Certificate of Rehabilitation and a governor's pardon.
Which misdemeanors trigger §29805?
PC §29805(a) enumerates over 40 offenses including §242 battery, §243(e)(1) DV battery, §245 assault, §273.5 DV, §273.6, §417 brandishing, §422 threats, §646.9 stalking, and §368 elder abuse.
Is §29805 a strike?
No. §29805 is not on the §667.5(c) or §1192.7(c) list and does not count as a strike.
Available 24/7 — Free Consultation
Charged With PC §29805 Firearm Prohibition?
§29805 cases are won at the suppression stage and on the prior-calculation math. Rubin Law, P.C. defends LA firearm-prohibition cases. Call (213) 723-2337.