Pen. Code, § 29860 · Article 2. Exemption or Petition for Relief
Pen. Code, § 29860
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Any person who is subject to the prohibition imposed by Section 29805 because of a conviction of an offense prior to that offense being added to Section 29805 may petition the court only once for relief from this prohibition.
(b) The petition shall be filed with the court in which the petitioner was sentenced. If possible, the matter shall be heard before the same judge that sentenced the petitioner.
(c) Upon filing the petition, the clerk of the court shall set the hearing date and notify the petitioner and the prosecuting attorney of the date of the hearing.
(d) Upon making each of the following findings, the court may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition as the court deems appropriate:
(1) Finds by a preponderance of the evidence that the petitioner is likely to use a firearm in a safe and lawful manner.
(2) Finds that the petitioner is not within a prohibited class as specified in Section 29815, 29820, 29825, or 29900, or subdivision (a) or (b) of Section 29800, and the court is not presented with any credible evidence that the petitioner is a person described in Section 8100 or 8103 of the Welfare and Institutions Code.
(3) Finds that the petitioner does not have a previous conviction under Section 29805, no matter when the prior conviction occurred.
(e) In making its decision, the court may consider the interest of justice, any relevant evidence, and the totality of the circumstances. It is the intent of the Legislature that courts exercise broad discretion in fashioning appropriate relief under this section in cases in which relief is warranted. However, nothing in this section shall be construed to require courts to grant relief to any particular petitioner.
Notes and commentary — not statutory text
History
Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.
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=29860.
- Text hash
- sha256 a3f4b566613b09382e04363053a89418bd0ee1ffd3d257c11af14e960c2c474e
- 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, § 29800Printed as Section 29800
- Pen. Code, § 29805Printed as Section 29805
- Pen. Code, § 29815Printed as Section 29815, 29820, 29825, or 29900
- Pen. Code, § 29820Printed as Section 29815, 29820, 29825, or 29900
- Pen. Code, § 29825Printed as Section 29815, 29820, 29825, or 29900
- Pen. Code, § 29900Printed as Section 29815, 29820, 29825, or 29900
Cited by 2 provisions
Provisions in this library whose text cites Pen. Code, § 29860. Each shows the citation as that text prints it.
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.