Article 1 - Prohibitions on Firearm Access

California Penal Code — §§ 29800-29830

Sections (9)

Amended by Stats. 2025, Ch. 570, Sec. 19. (AB 1078) Effective January 1, 2026.

(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.

§ 29805

Amended by Stats. 2025, Ch. 636, Sec. 7. (AB 1263) Effective January 1, 2026. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 63.

(a)(1) Except as provided in Section 29855, subdivision (a) of Section 29800, or subdivision (b), any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 422.6, 626.9, 646.9, 830.95, 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and

Institutions Code, Section 487 if the property taken was a firearm, or of the conduct

punished in subdivision (c) of Section 27590, 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, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

(2)Any person who has an outstanding warrant for any misdemeanor offense described 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 public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both

that imprisonment and fine.

(b)Any person who is convicted, on or after January 1, 2019, of a misdemeanor violation of Section 273.5, and who subsequently owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

(c)Any person who is convicted on or after January 1, 2020, of a misdemeanor violation of Section 25100, 25135, or 25200, 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, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(d)Any person who is convicted on or after January 1, 2023, of a misdemeanor violation of Section 273a, subdivision (b) or (c) of Section 368, or subdivision (e) or (f) of Section 29180, 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, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(e)Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who is convicted on or after January 1, 2024, of a misdemeanor violation of this section, 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, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand

dollars ($1,000), or by both that fine and imprisonment.

(f)Any person who is convicted on or after January 1, 2024, of a misdemeanor violation of paragraph (5), (6), or (7) of subdivision (c) of Section 25400, paragraph (5), (6), or (7) of subdivision (c) of Section 25850, subdivision (a) of Section 26350, or subdivision (a) of Section 26400, 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, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both

that fine and imprisonment.

(g)Any person who is convicted on or after January 1, 2025, of a misdemeanor violation of subdivision (a) of Section 597, 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, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(h)Any person, who is convicted on or after January 1, 2026, of a misdemeanor violation of Section 24610, 27530, 29185, 29186, 30605, 30610, 32900, 33215, or 33600, and who, within 10 years of the conviction, owns, purchases, receives, or has in their possession or under their custody or control any firearm, is guilty

of a public offense, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(i)The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.

§ 29810

Amended (as added by Stats. 2024, Ch. 544, Sec. 28) by Stats. 2025, Ch. 362, Sec. 3. (AB 383) Effective January 1, 2026.

(a)(1) Upon conviction of, or adjudication for, any offense that renders a person subject to Section 29800, 29805, 29815, 29820, or 29825, the person shall relinquish all firearms they own, possess, or have under their custody or control in the manner provided in this section within 48 hours of the conviction or adjudication if the person remains out of custody or within 14 days of the conviction or adjudication if the person is in custody.

(2)The court shall, upon conviction or adjudication of a person for an offense described in subdivision (a), instruct the person that they are prohibited from owning, purchasing, receiving, possessing, or having under their custody or control, any firearms, ammunition, and ammunition

feeding devices, including, but not limited to, magazines, and shall order the person to relinquish all firearms in the manner provided in this section. The court shall also provide the person with a Prohibited Persons Relinquishment Form developed by the Department of Justice.

(3)Using the Prohibited Persons Relinquishment Form, the person shall name a designee and grant the designee power of attorney for the purpose of transferring or disposing of any firearms. The designee shall be either a local law enforcement agency or a consenting third party who is not prohibited from possessing firearms under state or federal law. The designee shall, within the time periods specified in subdivisions (d) and (e), surrender the firearms to the control of a local law enforcement agency, sell the firearms to a licensed firearms dealer, or transfer the firearms for storage to a firearms dealer pursuant to Section 29830.

(b)The Prohibited Persons Relinquishment Form shall do all of the following:

(1)Inform the person that they are prohibited from owning, purchasing, receiving, possessing, or having under their custody or control, any firearms, ammunition, and, if applicable, ammunition feeding devices, including, but not limited to, magazines, and that they shall relinquish all firearms through a designee within the time periods set forth in subdivision (d) or (e) by surrendering the firearms to the control of a local law enforcement agency, selling the firearms to a licensed firearms dealer, or transferring the firearms for storage to a firearms dealer pursuant to Section 29830.

(2)Inform the person that any cohabitant of the person who owns firearms must store those firearms in accordance with Section 25135.

(3)Require the person to declare any firearms that they owned, possessed, or had under their custody or control at the time of their conviction or adjudication, and require the person to describe the firearms and provide all reasonably available information about the location of the firearms to enable a designee or law enforcement officials to locate the firearms.

(4)Require the person to name a designee, if the person declares that they owned, possessed, or had under their custody or control any firearms at the time of their conviction or adjudication, and grant the designee power of attorney for the purpose of transferring or disposing of all firearms.

(5)Require the designee to indicate their consent to the designation and, except a designee that is a law enforcement agency, to declare under penalty of perjury

that they are not prohibited from possessing any firearms under state or federal law.

(6)Require the designee to state the date each firearm was relinquished and the name of the party to whom it was relinquished, and to attach receipts from the law enforcement officer or licensed firearms dealer who took possession of the relinquished firearms.

(7)Inform the person and the designee of the obligation to submit the completed Prohibited Persons Relinquishment Form to the assigned probation officer within the time periods specified in subdivisions (d) and (e).

(c)(1) When a person is convicted of, or adjudicated for, an offense described in subdivision (a), the court shall immediately assign the matter to a probation officer to investigate whether the Automated Firearms System or other credible

information, such as a police report, reveals that the person owns, possesses, or has under their custody or control any firearms. The assigned probation officer shall receive the Prohibited Persons Relinquishment Form from the person or the person’s designee, as applicable, and ensure that the Automated Firearms System has been properly updated to indicate that the person has relinquished those firearms.

(2)Prior to final disposition or sentencing in the case, the assigned probation officer shall report to the court and the prosecuting attorney whether the person has properly complied with the requirements of this section by relinquishing all firearms identified by the probation officer’s investigation or declared by the person on the Prohibited Persons Relinquishment Form, and by timely submitting a completed Prohibited Persons Relinquishment Form. The probation officer shall also report to the Department of Justice on a form to be developed

by the department whether the Automated Firearms System has been updated to indicate which firearms have been relinquished by the person.

(3)If the report of the probation officer does not confirm relinquishment of firearms the court shall take one of the following actions:

(A)If the court finds probable cause, after a warrant request has been submitted pursuant to Section 1524, that the person has failed to relinquish any firearms as required, the court shall order a search warrant for, and removal of, any firearms at any location where the judge has probable cause to believe the person’s firearms are located. The court shall set a court date to confirm relinquishment of all firearms. The search warrant shall be executed within 10 days pursuant to subdivision (a) of Section 1534.

(B)If the court finds good cause

to extend the time for providing proof of relinquishment, the court shall set a court date within 14 days for the person to provide proof of relinquishment.

(C)If the court finds additional investigation is needed, the court shall refer the matter to the prosecuting attorney and set a court date within 14 days for status review.

(4)Prior to final disposition or sentencing in the case, the court shall confirm that the person has relinquished all firearms as required, and that the court has received a completed Prohibited Persons Relinquishment Form, along with the receipts described in paragraph (1) of subdivision (d) or paragraph (1) of subdivision (e). The court shall ensure that these findings are included in the abstract of judgment. If necessary to avoid a delay in sentencing, the court may make and enter these findings within 14 days of sentencing.

(5)Failure by a person to timely file the completed Prohibited Persons Relinquishment Form with the assigned probation officer shall constitute an infraction punishable by a fine not exceeding one hundred dollars ($100).

(d)The following procedures shall apply to any person who is a prohibited person within the meaning of paragraph (1) of subdivision (a) who does not remain in custody at any time within the 48-hour period following conviction or adjudication:

(1)The designee shall dispose of any firearms the person owns, possesses, or has under their custody or control within 48 hours of the conviction or adjudication by surrendering the firearms to the control of a local law enforcement agency, selling the firearms to a licensed firearms dealer, or transferring the firearms for storage to a firearms dealer pursuant

to Section 29830, in accordance with the wishes of the person. Any proceeds from the sale of the firearms shall become the property of the person. The law enforcement officer or licensed dealer taking possession of any firearms pursuant to this subdivision shall issue a receipt to the designee describing the firearms and listing any serial number or other identification on the firearms at the time of surrender.

(2)If the person owns, possesses, or has under their custody or control any firearms to relinquish, the person’s designee shall submit the completed Prohibited Persons Relinquishment Form to the assigned probation officer within 48 hours following the conviction or adjudication, along with the receipts described in paragraph (1) of subdivision (d) showing the person’s firearms were surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer.

(3)If the person does not own, possess, or have under their custody or control any firearms to relinquish, they shall, within 48 hours following conviction or adjudication, submit the completed Prohibited Persons Relinquishment Form to the assigned probation officer, with a statement affirming that they have no firearms to be relinquished.

(e)The following procedures shall apply to any person who is a prohibited person within the meaning of paragraph (1) of subdivision (a) who is in custody at any point within the 48-hour period following conviction or adjudication:

(1)The designee shall dispose of any firearms the person owns, possesses, or has under their custody or control within 14 days of the conviction or adjudication by surrendering the firearms to the control of a local law enforcement agency, selling the

firearms to a licensed firearms dealer, or transferring the firearms for storage to a firearms dealer pursuant to Section 29830, in accordance with the wishes of the person. Any proceeds from the sale of the firearms shall become the property of the person. The law enforcement officer or licensed dealer taking possession of any firearms pursuant to this subdivision shall issue a receipt to the designee describing the firearms and listing any serial number or other identification on the firearms at the time of surrender.

(2)If the person owns, possesses, or has under their custody or control any firearms to relinquish, the person’s designee shall submit the completed Prohibited Persons Relinquishment Form to the assigned probation officer, within 14 days following conviction or adjudication, along with the receipts described in paragraph (1) of subdivision (e) showing the person’s firearms were surrendered to a local law enforcement agency or

sold or transferred to a licensed firearms dealer.

(3)If the person does not own, possess, or have under their custody or control any firearms to relinquish, they shall, within 14 days following conviction or adjudication, submit the completed Prohibited Persons Relinquishment Form to the assigned probation officer, with a statement affirming that they have no firearms to be relinquished.

(4)If the person is released from custody during the 14 days following conviction or adjudication and a designee has not yet taken temporary possession of each firearm to be relinquished as described above, the person shall, within 5 days following their release, relinquish each firearm required to be relinquished pursuant to paragraph (1) of subdivision (d).

(f)For good cause, the court may shorten or enlarge the time periods

specified in subdivisions (d) and (e), enlarge the time period specified in paragraph (3) of subdivision (c), or allow an alternative method of relinquishment.

(g)The person shall not be subject to prosecution for unlawful possession of any firearms declared on the Prohibited Persons Relinquishment Form if the firearms are relinquished as required.

(h)Any firearms that would otherwise be subject to relinquishment by a person under this section, but which are lawfully owned by a cohabitant of the person, shall be exempt from relinquishment, provided the person is notified that the cohabitant must store the firearm in accordance with Section 25135.

(i)A law enforcement agency shall update the Automated Firearms System to reflect any firearms that were relinquished to the agency pursuant to this section. A law

enforcement agency shall retain a firearm that was relinquished to the agency pursuant to this section for 30 days after the date the firearm was relinquished. After the 30-day period has expired, the firearm is subject to destruction, retention, or other transfer by the agency, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention of the firearm is necessary or proper to the ends of justice, or if the person provides written notice of an intent to appeal a conviction or adjudication for an offense described in subdivision (a), or if the Automated Firearms System indicates that the firearm was reported lost or stolen by the lawful owner. If the firearm was reported lost or stolen, the firearm shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owner’s identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with

Section 33850) of Division 11 of Title 4. The agency shall notify the Department of Justice of the disposition of relinquished firearms pursuant to Section 34010.

(j)A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of a firearm pursuant to Section 33880.

(k)If a person declines to relinquish possession of a firearm or ammunition based on the assertion of the right against self-incrimination, as provided by the Fifth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution, the court may grant use immunity for the act of relinquishing the firearm or ammunition required under this section.

(l)This

section shall become operative on January 1, 2026.

§ 29813

Added by Stats. 2023, Ch. 240, Sec. 4. (AB 732) Effective January 1, 2024.

The Department of Justice shall provide local law enforcement agencies and the district attorney access through an electronic portal to information regarding individuals residing in their jurisdiction listed in the Armed Prohibited Persons System who have not provided proof of relinquishment of firearms registered in their name. Each local law enforcement agency shall designate a person to access or receive the information and shall report to the Department of Justice quarterly regarding steps taken to verify that the individuals are no longer in possession of firearms. Law enforcement agencies operating in the same jurisdiction may agree to designate one lead agency for their jurisdiction to report on the steps taken to verify individuals

are no longer in possession of firearms.

§ 29815

Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.

(a)Any person who, as an express condition of probation, is prohibited or restricted from owning, possessing, controlling, receiving, or purchasing a firearm and who owns, purchases, receives, or has in possession or under custody or control, any firearm, but who is not subject to Section 29805 or subdivision (a) of Section 29800, is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

(b)The court, on forms provided by the Department of Justice, shall notify the department of persons subject to this section. The notice

shall include a copy of the order of probation and a copy of any minute order or abstract reflecting the order and conditions of probation.

§ 29820

Amended by Stats. 2021, Ch. 537, Sec. 5. (SB 73) Effective January 1, 2022.

(a)This section applies to a person who satisfies both of the following requirements:

(1)The person meets one of the following:

(A)The person is alleged to have committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code.

(B)The person was convicted of violating Section 11351 or 11351.5 of the Health and Safety Code by possessing for sale, or Section 11352 of the Health and Safety Code by selling, a substance containing 28.5 grams or more of cocaine as specified in paragraph (6) of subdivision (b) of Section 11055

of, or cocaine

base as specified in paragraph (1) of subdivision (f) of Section 11054 of, the Health and Safety Code, or 57 grams or more of a substance containing at least 5 grams of cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 of, or cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054 of, the Health and Safety Code.

(C)The person was convicted of violating Section 11378 of the Health and Safety Code by possessing for sale, or Section 11379 of the Health and Safety Code by selling, a substance containing 28.5 grams or more of methamphetamine or 57 grams or more of a substance containing methamphetamine.

(D)The person was convicted of violating subdivision (a) of Section 11379.6 of the Health and Safety Code, except those who manufacture

phencyclidine, or who is convicted of an act that is punishable under subdivision (b) of Section 11379.6 of the Health and Safety Code, except those who offer to perform an act that aids in the manufacture of phencyclidine.

(E)Except as otherwise provided in Section 1203.07, the person was convicted of violating Section 11353 or 11380 of the Health and Safety Code by using, soliciting, inducing, encouraging, or intimidating a minor to manufacture, compound, or sell heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054 of the Health and Safety Code, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 of the Health and Safety Code, or methamphetamine.

(F)The person was convicted of violating Section 11379.6, 11382, or

11383 of the Health and Safety Code with respect to methamphetamine, if the person has one or more prior convictions for a violation of Section 11378, 11379, 11379.6, 11380, 11382, or 11383 of the Health and Safety Code with respect to methamphetamine.

(G)The person was alleged to have committed an offense enumerated in Section 29805 or an offense described in Section 25850, subdivision (a) of Section 25400, or subdivision (a) of Section 26100.

(2)The person is subsequently adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in paragraph (1).

(b)A person described in subdivision (a) shall not own, or have

in possession or under custody or control, a firearm until the person is 30 years of age or older.

(c)A violation of this section shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

(d)The juvenile court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. Notwithstanding any other law, the forms required to be submitted to the department pursuant to this section may be used to determine eligibility to acquire a firearm.

§ 29825

Amended by Stats. 2024, Ch. 538, Sec. 8. (AB 2907) Effective January 1, 2025.

(a)A person who purchases or receives, or attempts to purchase or receive, a firearm knowing that the person is prohibited from doing so in any jurisdiction by a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 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, subdivision (j) of Section 273.5, subdivision (l) of Section 368, subdivision (k) of Section 646.9, Section 646.91, or paragraph (2) of subdivision (a) of Section 1203.097 of this code, a protective order issued pursuant to Section 15657.03 of the Welfare and Institutions Code, or by a valid order issued by an out-of-state jurisdiction

that is similar or equivalent to a temporary restraining order, injunction, or protective order specified in this subdivision, that includes a prohibition from owning or possessing a firearm, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

(b)A person who owns or possesses a firearm knowing that the person is prohibited from doing so in any jurisdiction by a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 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, subdivision (j) of Section 273.5, subdivision (l) of Section 368, subdivision

(k)of Section 646.9, Section 646.91, or paragraph (2) of subdivision (a) of Section 1203.097 of this code, a protective order issued pursuant to Section 15657.03 of the Welfare and Institutions Code, or by a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a temporary restraining order, injunction, or protective order specified in this subdivision, that includes a prohibition from owning or possessing a firearm, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

(c)If probation is granted upon conviction of a violation of this section, the court shall impose probation consistent with Section 1203.097.

(d)The Judicial Council shall provide notice on all protective orders issued within the state that the respondent is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm while the protective order is in effect. The order shall also state that a firearm owned or possessed by the person shall be relinquished to the local law enforcement agency for that jurisdiction, sold to a licensed firearms dealer, or transferred to a licensed firearms dealer pursuant to Section 29830 for the duration of the period that the protective order is in effect, and that proof of surrender or sale shall be filed within a specified time of receipt of the order. The order shall state the penalties for a violation of the prohibition. The order shall also state on its face the expiration date for relinquishment.

§ 29825.5

Added by Stats. 2024, Ch. 538, Sec. 9. (AB 2907) Effective January 1, 2025.

(a)A person subject to a protective order issued pursuant to subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9 shall relinquish any firearm they possess or control pursuant to this section.

(b)Upon the issuance of a protective order, the court shall order the restrained person to relinquish any firearm in that person’s immediate possession or control, or subject to that person’s immediate possession or control, within 24 hours of being served with the order, either by surrendering the firearm to the control of a local law enforcement agency, or by selling the firearm to a licensed firearms dealer, as

specified in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6. The court shall provide the person with information on how any firearms or ammunition still in the possession of the restrained party are to be relinquished, according to local procedures, and the process for submitting a receipt to the court showing proof of relinquishment.

(c)If a person refuses to relinquish a firearm or ammunition based on an assertion of the right against self-incrimination as provided by the Fifth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution, the court may grant use immunity for the act of relinquishing the firearm or ammunition as required pursuant to this section.

(d)A

local law enforcement agency may charge a person subject to a protective order a fee for the storage of any firearm relinquished pursuant to this section. The fee shall not exceed the actual cost incurred by the local law enforcement agency for the storage of the firearm. For purposes of this subdivision, “actual cost” means expenses directly related to taking possession of a firearm, storing the firearm, and surrendering possession of the firearm to a licensed dealer as defined in Section 26700 or to the person relinquishing the firearm.

(e)The protective order shall state on its face that the restrained person is prohibited from owning, possessing, purchasing, or receiving a firearm while the protective order is in effect and that the firearm shall be relinquished to the local law enforcement agency for that jurisdiction or sold to a

licensed gun dealer, and that proof of surrender or sale shall be filed with the court within a specified period of receipt of the order. The order shall also state on its face the expiration date for relinquishment. This section does not limit a respondent’s right under existing law to petition the court at a later date for modification of the order.

(f)The protective order shall prohibit the person from possessing or controlling any firearm for the duration of the order. At the expiration of the order, the local law enforcement agency shall return possession of any surrendered firearm to the restrained person, within five days after the expiration of the relinquishment order, unless the local law enforcement agency determines that (1) the firearm has been stolen, (2) the person is prohibited from possessing a firearm because they are in any

prohibited class for the possession of firearms, as defined in this chapter and Chapter 3 (commencing with Section 29900), and Sections 8100 and 8103 of the Welfare and Institutions Code, or (3) another successive order has been issued against the person under this section. If the local law enforcement agency determines that the restrained person is the legal owner of any firearm deposited with the local law enforcement agency and is prohibited from possessing any firearm, the person shall be entitled to sell or transfer the firearm to a licensed dealer as defined in Section 26700. If the firearm has been stolen, the firearm shall be restored to the lawful owner upon their identification of the firearm and proof of ownership.

(g)The court may, as part of the relinquishment order, grant an exemption from the relinquishment requirements of

this section for a particular firearm or ammunition if the restrained person is not otherwise prohibited from owning, possessing, controlling, or purchasing a firearm and ammunition under state or federal law and one of the following applies:

(1)(A) The respondent is currently employed as a sworn peace officer who is required, as a condition of continued employment, to carry a firearm, ammunition, or firearm and ammunition and the current employer is unable to reassign the peace officer to another position where the use of a specified firearm or ammunition is unnecessary. In such a case, a court may allow the peace officer to continue to carry a specified firearm, ammunition, or firearm and ammunition, either on duty or off duty, if the court finds by a preponderance of the evidence, in writing or on the record, both of

the following:

(i)The peace officer’s personal safety depends on the ability to carry that specified firearm, ammunition, or firearm and ammunition outside of scheduled work hours.

(ii) The peace officer does not pose an additional threat of harm to a protected party or the public by having access to that specific firearm, ammunition, or firearm and ammunition, including whether the peace officer might use the firearm for a purpose other than as permitted under this paragraph.

(B) Prior to making this finding, the court shall require a mandatory psychological evaluation of the peace officer by a licensed mental health professional with domestic violence expertise. The court shall consider the results of an evaluation and may

require the peace officer to enter into counseling or another remedial treatment program to deal with a propensity for domestic violence.

(2)(A) If the respondent is not a peace officer but is required to carry a specific firearm, ammunition, or firearm and ammunition during scheduled work hours as a condition of continued employment, the current employer is unable to reassign the respondent to another position where the firearm, ammunition, or firearm and ammunition is unnecessary. In such a case, a court may grant an exemption to allow the respondent to possess a specific firearm, ammunition, or firearm and ammunition only during scheduled work hours if the court finds by a preponderance of the evidence, in writing or on the record, that the respondent does not pose an additional threat of harm to a protected party or

the public by having access to the specific firearm, ammunition, or firearm and ammunition only during scheduled work hours, including whether the respondent might utilize the firearm, ammunition or firearm and ammunition for a purpose other than as permitted under this paragraph.

(B)To assist the court in making this determination, the court may order a psychological evaluation of the respondent by a licensed mental health professional with domestic violence expertise.

(C)If the court grants an exemption pursuant to this paragraph, the order shall provide that the specific firearm, ammunition, or firearm and ammunition shall be in the physical possession of the respondent only during scheduled work hours and that the exemption does not authorize the respondent to

possess any other firearm or ammunition, or to possess the specific firearm, ammunition, or firearm and ammunition outside of scheduled work hours.

(h)During the period of the relinquishment order, the restrained person is entitled to make one sale of all firearms that are in the possession of a local law enforcement agency pursuant to this section. A licensed firearms dealer, who presents a local law enforcement agency with a bill of sale indicating that all firearms owned by the restrained person that are in the possession of the local law enforcement agency have been sold by the restrained person to the licensed firearms dealer, shall be given possession of those firearms, at the location where the firearms are stored, within five days of presenting the local law enforcement agency with the bill of sale.

(i)(1) The relinquishment or surrender of a firearm to a law enforcement agency pursuant to this section or the return of a firearm to a person pursuant to this section shall not be subject to the requirements of Section 27545.

(2)Returns of firearms or ammunition pursuant to this section shall be governed by the applicable provisions of Chapter 2 (commencing with Section 33850) of Division 11.

§ 29830

Repealed (in Sec. 29) and added by Stats. 2024, Ch. 544, Sec. 30. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.

(a)A person who is prohibited from owning or possessing a firearm, ammunition feeding device, or ammunition pursuant to any law, may transfer or cause to be transferred, any firearm, ammunition feeding device, or ammunition in their possession, or of which they are the owner, to a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, or may transfer ammunition to an ammunition vendor, licensed pursuant to Sections 30385 to 30395, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm, ammunition feeding device, or ammunition will expire on a specific ascertainable date, whether or not specified in the court order, or pursuant to Section 29800, 29805, or 29810.

(b)A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, or ammunition pursuant to subdivision (a), may charge the owner a reasonable fee for the storage of the firearm, ammunition feeding device, or ammunition.

(c)A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, or ammunition pursuant to subdivision (a) shall notify the Department of Justice of the date that the firearms dealer or ammunition vendor has taken possession of the firearm, ammunition feeding device, or ammunition.

(d)Any firearm that is returned by a dealer to the owner of the firearm pursuant to this section shall be returned in accordance with the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6.

(e)Any ammunition that is returned by a firearms dealer or ammunition vendor to the owner of the ammunition pursuant to this section shall be returned in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.

(f)If the dealer cannot legally return the firearm to the owner, then the following procedure shall apply:

(1)The owner of the firearm may request, and the dealer shall grant, that the dealer retain possession of the firearm for a period of up to 45 days so that the owner may designate a person to take possession of that firearm in accordance with Section 27540. This 45-day period shall be in addition to the waiting period described in Sections 26815 and 27540, and any time necessary to process a transaction.

(2)If, before the end of the 45-day period, the owner designates a person to receive the firearm and that person completes an application to purchase, the dealer shall process the transaction in accordance with the provisions of Section 27540.

(3)If the owner of the firearm does not request that the firearm be held by the dealer pursuant to this subdivision, the firearm cannot be delivered to the designated person, or if the 45-day period expires without action by the person loaning the firearm, the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county where the dealership is located, who shall then dispose of the firearm in the manner provided by Sections 18000, 18005, and 34000.

(g)If the dealer or

ammunition vendor cannot legally return the ammunition or ammunition feeding device, then the following procedure shall apply:

(1)The owner of the ammunition may request, and the dealer or ammunition vendor shall grant, that the dealer or ammunition vendor retain possession of the ammunition for a period of up to 45 days so that the owner of the ammunition or ammunition feeding device may designate a person to take possession of that ammunition.

(2)If, before the end of the 45-day period, the owner of the ammunition or ammunition feeding device designates a person to receive the ammunition and ammunition feeding device the ammunition and ammunition feeding device shall be transferred by that firearms dealer or ammunition vendor to the new owner of the same in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.

(3)If, before the end of the 45-day period, the only property is an ammunition feeding device, the owner designates a person to receive the ammunition feeding device, it shall be transferred by that firearms dealer or ammunition vendor to the new owner of the same in accordance with any procedures, if any, set forth by the Department of Justice.

(4)If the owner of the ammunition or ammunition feeding device, or both, does not request that the ammunition or ammunition feeding device, or both, be held by the dealer or ammunition vendor pursuant to this subdivision or the ammunition or ammunition feeding device, or both, cannot be delivered to the designated person, or the 45-day period expires without action by the owner, the dealer or ammunition vendor shall forthwith deliver the ammunition or ammunition feeding device, or both, to the sheriff of the county or the chief of police or

other head of a municipal police department of any city or city and county where the dealership is located, who shall then dispose of the ammunition or ammunition feeding device in the manner provided by Sections 18000, 18005, and 34000.

(h)This section shall become operative on January 1, 2026.