A misdemeanor conviction does not automatically create the same firearm restriction in every California case. Penal Code section 29805 lists particular misdemeanor offenses and conviction dates, with different branches for a known outstanding warrant and for certain later convictions. A present firearm allegation requires a separate look at the actual possession or control evidence. Do not infer the applicable rule from the general label “misdemeanor.”
Identify the prior offense before counting years
Section 29805(a)(1) covers a long, specific list of misdemeanor convictions, including some assault, battery, stalking, criminal-threat, weapon and protective-order offenses. For that ordinary branch, the statute uses the phrase “within 10 years of the conviction.” The certified judgment must identify the code section and subdivision; a police report describing conduct is not a substitute for the actual conviction. The ten-year period does not apply to every misdemeanor or every branch of section 29805.
| Record to compare | Why it changes the section 29805 question |
|---|---|
| A listed misdemeanor conviction under subdivision (a)(1) | The exact offense and conviction date determine whether its ordinary ten-year branch applies. |
| A misdemeanor section 273.5 conviction entered on or after January 1, 2019 | Subdivision (b) has no ten-year cutoff. A domestic-violence and federal-law analysis is a separate, broader task. |
| A conviction under a later-added group in subdivisions (c)–(h) | Each group has its own qualifying offense list and starting conviction date, from 2020 through 2026. Do not apply a 2026 addition to a prior conviction without checking its terms. |
| An outstanding warrant for a listed misdemeanor | Subdivision (a)(2) is a separate route that expressly requires knowledge of the outstanding warrant; it is not a finding that the person was convicted. |
The current 2026 text added subdivision (h) for specified misdemeanor convictions entered on or after January 1, 2026. Other later branches include firearm-storage, child-endangerment, carrying and animal-cruelty offenses, subject to their particular dates and wording. A criminal complaint should identify which predicate and current subdivision the prosecution actually alleges. The punishment provisions also differ by branch; the statute does not label every section 29805 case a felony.
Separate the old conviction from the new allegation
A section 29805 case requires more than seeing a prior misdemeanor on a background check. Compare the old judgment, its date and any order changing it with the present allegation that the person owned, bought, received, possessed or controlled a firearm during an applicable prohibition. Preserve the current complaint, arrest and search records, property or storage records, and evidence about who could access the place where the firearm was found. A shared address or someone else’s ownership claim does not decide control by itself.
For related possession issues, see the firm’s firearm possession guide. Keep the actual prior conviction and the charged prohibition distinct.
Also check whether the prosecution invokes a different prohibition. Section 29800 covers specified felony convictions and other listed status, rather than turning every section 29805 misdemeanor into a felony-status case. A protective order or federal rule may raise another question. Expiration of one state ten-year period is not proof that every other restriction has ended. Do not buy, borrow or handle a firearm to test that assumption; have counsel check the actual record first.
Is relief available before the period ends?
The statute recognizes only limited, conditional relief. Section 29860 allows a one-time court petition for a person convicted of an offense before that offense was added to section 29805, subject to required findings. Section 29855 is a different one-time route for specified peace officers whose employment depends on firearm possession and whose prohibition arises from listed convictions. Neither petition is a general application available merely because owning a gun would be useful; filing does not itself restore permission.
Take counsel the prior judgments and any relief orders, the current complaint, and a timeline of the firearm’s location and your access. Counsel can identify the operative subdivision, compare any separate bans and assess the evidence before a plea or court appearance. For help reviewing a California firearm allegation, contact the Law Offices of David S. Chesley or call (800) 755-5174.