Pen. Code, § 29800 · Article 1. Prohibitions on Firearm Access
Pen. Code, § 29800
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) (1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
(2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
(3) Any person who has an outstanding warrant for any offense listed 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 felony.
(b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 23515, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, and who owns or has in possession or under custody or control any firearm is guilty of a felony.
(c) Subdivision (a) shall not apply to a conviction or warrant for a felony under the laws of the United States unless either of the following criteria, as applicable, is satisfied:
(1) Conviction of an offense under California law that includes comparable elements of the federal offense can only result in imposition of felony punishment.
(2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both punishments.
(d) Subdivision (a) does not apply to a conviction for a nonviolent felony under the laws of any other state if both of the following criteria are satisfied:
(1) The conviction has been vacated, set aside, expunged, or otherwise dismissed under the laws of the state where the defendant was convicted.
(2) If the conviction resulted in a firearms prohibition under the laws of the state where the defendant was convicted, the vacatur, set aside, expungement, or dismissal of the conviction restored firearms rights under the laws of that state.
(e) Subdivision (a) does not apply to a conviction for a nonviolent felony under the laws of any other state if both of the following criteria are satisfied:
(1) The person received a full and unconditional pardon by the Governor of the other state for the felony conviction and the pardon restores civil rights that include firearms rights.
(2) The person was never convicted of a felony involving the use of a dangerous weapon, as that phrase is used in Sections 4852.17 and 4854.
(f) (1) As used in this section, “nonviolent felony” means an offense under the laws of any other state that does not include comparable elements constituting an offense listed in subdivision (c) of Section 667.5, subdivision (c) of Section 1192.7, subdivision (a) of Section 1192.8, Section 23515, or Section 29905.
(2) An attempt, conspiracy, or solicitation to commit an offense under the laws of any other state that includes comparable elements constituting an offense listed in subdivision (c) of Section 667.5, subdivision (c) of Section 1192.7, subdivision (a) of Section 1192.8, Section 23515, or Section 29905 is not a “nonviolent felony,” as used in this section.
(3) Aiding or abetting an offense under the laws of any other state that includes comparable elements constituting an offense listed in subdivision (c) of Section 667.5, subdivision (c) of Section 1192.7, subdivision (a) of Section 1192.8, Section 23515, or Section 29905 is not a “nonviolent felony,” as used in this section.
Notes and commentary — not statutory text
History
Amended by Stats. 2025, Ch. 570, Sec. 19. (AB 1078) Effective January 1, 2026.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=29800.
- Text hash
- sha256 82d1d08998d47915c50ffa1b1687ecceee98bfe7a68a2575b3bf7730473a396d
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
- Pen. Code, § 417Printed as Section 417
- Pen. Code, § 667.5Printed as Section 667.5
- Pen. Code, § 1192.7Printed as Section 1192.7
- Pen. Code, § 1192.8Printed as Section 1192.8
- Pen. Code, § 4852.17Printed as Sections 4852.17 and 4854
- Pen. Code, § 4854Printed as Sections 4852.17 and 4854
- Pen. Code, § 23515Printed as Section 23515
- Pen. Code, § 29905Printed as Section 29905
Welfare and Institutions Code
Cited by 12 provisions
Provisions in this library whose text cites Pen. Code, § 29800. Each shows the citation as that text prints it.
Penal Code
- Pen. Code, § 999ePrinted as Section 29800
- Pen. Code, § 1524Printed as Section 29800, 29805, 29815, 29820, or 29825
- Pen. Code, § 16520Printed as Sections 29800 to 29905, inclusive
- Pen. Code, § 23510Printed as Sections 29800 to 29905, inclusive
- Pen. Code, § 29805Printed as Section 29800
- Pen. Code, § 29810Printed as Section 29800, 29805, 29815, 29820, or 29825
- Pen. Code, § 29815Printed as Section 29800
- Pen. Code, § 29830Printed as Section 29800, 29805, or 29810
- Pen. Code, § 29850Printed as Section 29800, 29805, 29815, or 29820
- Pen. Code, § 29855Printed as Section 29800
- Pen. Code, § 29860Printed as Section 29800
- Pen. Code, § 29900Printed as Section 29800
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.