Can You Own a Gun After a Domestic Violence Conviction in California?

Q: Does the ten-year California ban mean I can buy a gun after ten years?

Not if the federal ban applies. When the ten years under Penal Code section 29805 end, California law no longer prohibits possession, but federal law under 18 U.S.C. section 922(g)(9) still does if the conviction was a misdemeanor crime of domestic violence. Attempting to purchase a firearm after the state period ends can result in a denied background check and a federal referral.

Q: Will expungement give me my gun rights back?

No. Penal Code section 1203.4 states that a dismissal does not permit a person to own or possess a firearm if the conviction prohibited it, and federal courts have held that a California dismissal does not lift the federal ban. A reduction under Penal Code section 17, subdivision (b), removes the felony ban but not the misdemeanor domestic violence ban.

Q: Do I have to give up my guns when a restraining order is served on me?

Yes, within the short deadline the statute sets. Family Code section 6389 requires a person served with a domestic violence restraining order, including a temporary order, to turn in, sell, or store firearms with a licensed dealer within the time the statute specifies, typically 24 hours after service, and to file proof with the court on form DV-800. Possessing a firearm while the order is in effect is a crime under Penal Code section 29825.

Q: Can I plead to a different charge to protect my gun rights?

Sometimes. A plea to a non-violent offense such as disturbing the peace under Penal Code section 415 generally avoids both the state and federal bans, while a plea to simple battery under Penal Code section 242 may still trigger them because of how Penal Code section 29805 and the federal definition are written. Whether a prosecutor will agree depends on the evidence, the injuries, and the defendant's record, which is why the firearm consequence should be raised at the first pretrial conference rather than at sentencing.

Daniel Gramling, Esq.

4 hours ago

12 min read

The short answer: in almost every case, no, not for a long time. A felony domestic violence conviction brings a lifetime California firearm ban under Penal Code section 29800. A misdemeanor conviction for domestic battery under Penal Code section 243, subdivision (e)(1), criminal threats under Penal Code section 422, stalking under Penal Code section 646.9, or violating a protective order under Penal Code section 273.6 brings a ten-year state ban under Penal Code section 29805, and a misdemeanor corporal injury conviction under Penal Code section 273.5 entered on or after January 1, 2019 brings a lifetime state ban. On top of the state rules, federal law under 18 U.S.C. section 922(g)(9) imposes a lifetime ban for any misdemeanor crime of domestic violence, and that federal ban does not expire when the California ten years run out. A restraining order or criminal protective order also bans firearms for as long as the order lasts.

Why this matters before you plead. Many people charged with domestic violence in Riverside, Rancho Cucamonga, Apple Valley, or Long Beach are hunters, security guards, law enforcement applicants, or military members, and the firearm consequence is the one they care about most. It is also the consequence prosecutors rarely mention and plea forms address in a single line. Whether a case resolves as a battery under Penal Code section 242, a disturbing the peace under Penal Code section 415, or a domestic battery under Penal Code section 243, subdivision (e)(1), can mean the difference between keeping your rights and losing them for life. This guide, written by a criminal defense attorney who handles domestic violence cases at the Riverside Hall of Justice, the San Bernardino Justice Center, the Victorville courthouse, and the Van Nuys and Long Beach courthouses, explains each layer of the ban and what can be done about it.

The Three Layers of the Firearm Ban

Layer one: the California conviction bans. Penal Code section 29800 bars anyone convicted of any felony from owning, purchasing, receiving, or possessing a firearm for life. Penal Code section 29805 lists dozens of misdemeanors that carry a ten-year ban running from the date of conviction, and the list includes the domestic violence offenses most often charged in Southern California: Penal Code section 243 battery, Penal Code section 273.5 corporal injury, Penal Code section 273.6 protective order violations, Penal Code section 422 criminal threats, Penal Code section 646.9 stalking, Penal Code section 245 assault with a deadly weapon, and Penal Code section 417 brandishing. The Legislature amended Penal Code section 29805 so that a misdemeanor conviction under Penal Code section 273.5 on or after January 1, 2019 carries a lifetime ban rather than ten years; confirm the current text, because the firearm statutes are amended often.

Layer two: the federal ban. Under 18 U.S.C. section 922(g)(9), a person convicted in any court of a misdemeanor crime of domestic violence may not possess a firearm or ammunition, and the ban has no expiration date. The term is defined in 18 U.S.C. section 921(a)(33) as an offense that has as an element the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, guardian, cohabitant, a person with a child in common, or a person similarly situated to a spouse, and Congress added dating partners in 2022 with a limited restoration provision for a first offense. The United States Supreme Court has read the definition broadly. United States v. Hayes (2009) 555 U.S. 415 held that the domestic relationship need not be an element of the offense, so a plea to simple battery under Penal Code section 242 can still count if the victim was in fact a spouse or partner. United States v. Castleman (2014) 572 U.S. 157 held that offensive touching is enough physical force, and Voisine v. United States (2016) 579 U.S. 686 held that reckless conduct qualifies.

Layer three: the protective order bans. A person subject to a domestic violence restraining order, including a temporary order, may not own or possess a firearm under Family Code section 6389 and must turn in or sell any firearm within the short deadline the statute sets, typically 24 hours after service, then file proof with the court on form DV-800. A criminal protective order issued under Penal Code section 136.2 on form CR-160 at arraignment carries the same prohibition, and buying or possessing a firearm while knowing you are subject to a protective order is a separate crime under Penal Code section 29825. Federal law under 18 U.S.C. section 922(g)(8) adds a federal ban while a qualifying restraining order issued after notice and a hearing is in effect, and the Supreme Court upheld that statute in United States v. Rahimi in 2024. Our guides on criminal protective orders and on what happens when a restraining order is filed against you explain how those orders work.

Which Domestic Violence Charges Trigger Which Ban

Felony corporal injury or felony assault. A felony conviction under Penal Code section 273.5, Penal Code section 245, or Penal Code section 422 brings the lifetime ban in Penal Code section 29800, the federal felon-in-possession ban under 18 U.S.C. section 922(g)(1), and a ban on ammunition under Penal Code section 30305. A later reduction of a wobbler to a misdemeanor under Penal Code section 17, subdivision (b), removes the felony ban, but the misdemeanor ban in Penal Code section 29805 and the federal domestic violence ban then apply to the reduced conviction. Our guides on corporal injury under Penal Code 273.5 and on reducing a felony to a misdemeanor explain that path.

Misdemeanor domestic battery. A conviction under Penal Code section 243, subdivision (e)(1), is the most common domestic violence outcome in the Inland Empire and Los Angeles County, and it carries the ten-year state ban under Penal Code section 29805 plus the lifetime federal ban under 18 U.S.C. section 922(g)(9). Because the offense has physical force as an element and the victim is by definition a spouse, cohabitant, dating partner, or co-parent, it fits the federal definition squarely. Our guide to domestic battery under Penal Code 243(e)(1) explains the elements and the batterer program that comes with it.

Pleas that may avoid the federal ban. A plea to disturbing the peace under Penal Code section 415, trespass under Penal Code section 602, or vandalism under Penal Code section 594 does not have physical force against a person as an element and generally does not trigger 18 U.S.C. section 922(g)(9) or Penal Code section 29805. A plea to simple battery under Penal Code section 242 avoids the state ban only if Penal Code section 29805 is read not to include it, but because Penal Code section 29805 lists Penal Code section 243 as a whole, and because Hayes allows federal prosecutors to look at the actual relationship, a Penal Code section 242 plea is far less protective than many defendants assume. The charge you plead to, not the charge you were arrested on, controls, which is why our guides on plea deals and on whether the victim can drop the charges urge defendants to negotiate with the firearm consequence in view.

How Relinquishment Works After a Conviction

The court will tell you to give up your guns, and probation will check. Under Penal Code section 29810, when a defendant is convicted of an offense that prohibits firearm possession, the court must inform the defendant of the prohibition, order relinquishment, and assign the probation department to verify compliance. The defendant completes a Prohibited Persons Relinquishment Form identifying every firearm owned and designates a licensed dealer or a consenting law enforcement agency to receive them, or transfers them to a licensed dealer for sale. The statute sets separate short deadlines for defendants who are in custody and defendants who are out of custody, and probation reports back to the court whether the firearms were actually surrendered. Lying on the form or failing to relinquish is itself a crime.

Ammunition and body armor go too. Penal Code section 30305 bars anyone prohibited from owning a firearm from owning or possessing ammunition, which means a prohibited person cannot keep a box of shells in the garage even after turning in the rifle. The California Department of Justice runs the Armed Prohibited Persons System, which cross-references conviction and restraining order records against firearm ownership records, and agents conduct enforcement sweeps in Riverside, San Bernardino, and Los Angeles Counties to recover guns from prohibited persons. A conviction in a Victorville or Apple Valley case, where many families own firearms for hunting and desert recreation, routinely leads to an APPS contact months later if the relinquishment paperwork was not completed.

During the case, not just after it. The protective order issued at arraignment under Penal Code section 136.2 means the prohibition begins at the first court date, long before any conviction. A defendant who keeps a firearm at home while a criminal protective order is in effect commits a new offense under Penal Code section 29825, and a search incident to a probation or protective order check can produce that charge. Our guide on the emergency protective order issued after a domestic violence arrest explains the first order in that sequence, and our guide on violating a restraining order under Penal Code 273.6 covers the consequences of ignoring it.

What Expungement, Reduction, and Pardon Do and Do Not Fix

Expungement does not restore gun rights. A dismissal under Penal Code section 1203.4 after probation relieves many consequences of a conviction, but the statute states expressly that the dismissal does not permit the person to own, possess, or control a firearm if the conviction otherwise prohibited it. Federal courts have likewise held that a California dismissal under Penal Code section 1203.4 is not the kind of expungement or set-aside that lifts the federal ban under 18 U.S.C. section 921(a)(33). Our guide on how to expunge a criminal record explains what the relief does accomplish for employment and licensing.

Reduction under Penal Code 17(b) helps with the felony ban only. Reducing a wobbler to a misdemeanor under Penal Code section 17, subdivision (b), removes the lifetime felony ban in Penal Code section 29800, because California treats the offense as a misdemeanor for all purposes after reduction. It does not remove the ten-year or lifetime misdemeanor ban in Penal Code section 29805 if the offense is on that list, and it does not remove the federal misdemeanor domestic violence ban. For a felony Penal Code section 273.5 conviction, in other words, reduction changes a lifetime state ban into a lifetime state ban under a different section when the conviction is from 2019 or later.

A pardon is the only full state restoration, and it is rare. A governor's pardon restores California firearm rights under Penal Code section 4854 unless the conviction involved the use of a dangerous weapon, and a pardon generally requires a certificate of rehabilitation first under Penal Code section 4852.01 after a lengthy waiting period. A certificate of rehabilitation by itself does not restore firearm rights. Penal Code section 29855 and Penal Code section 29860 allow narrow petitions for relief from the ten-year ban, mainly for peace officers and for certain older convictions, and most defendants do not qualify. Our guide on sealing an arrest record explains the separate relief available when a case ends without a conviction.

Getting Your Guns Back When the Case Is Dismissed

Dismissal or acquittal ends the conviction ban, but the guns do not come back automatically. If the charges are dismissed, the case is diverted and dismissed, or you are acquitted, no conviction ban applies, although a restraining order or protective order still controls while it lasts. Firearms taken by police at the time of arrest or surrendered under a protective order are held by the agency, and to recover them you must apply to the California Department of Justice for a Law Enforcement Gun Release letter under Penal Code section 33850, pay the fee, pass a background check confirming you are not otherwise prohibited, and present the letter to the agency within the time the statute allows. Firearms left unclaimed can eventually be destroyed, so start the process promptly. Our guides on how to get criminal charges dismissed and on misdemeanor diversion explain the routes to a no-conviction outcome, keeping in mind that Penal Code section 1001.95 excludes domestic battery and corporal injury from judicial diversion.

The family court side. A domestic violence restraining order issued in family court under Family Code section 6300 can last up to five years and can be renewed, and the firearm ban under Family Code section 6389 lasts as long as the order does, regardless of what happens in the criminal case. A finding of abuse also triggers the custody presumption in Family Code section 3044. Defendants who care about their firearm rights therefore need to fight the restraining order hearing as hard as the criminal case, and our domestic violence restraining order attorneys and child custody attorneys coordinate both. Our guide on how a domestic violence arrest affects child custody explains the overlap.

Penalties for getting it wrong. Possessing a firearm during the ten-year period is a wobbler under Penal Code section 29805 punishable by up to a year in county jail or a state prison term, possession by a felon under Penal Code section 29800 is a felony, and a federal prosecution under 18 U.S.C. section 922(g) carries a potential federal prison sentence. Possessing a firearm while subject to a protective order under Penal Code section 29825 is a misdemeanor, and purchasing one is a wobbler. These are not technical violations in the eyes of Inland Empire judges, and a new firearm charge during a domestic violence case usually ends any chance of a favorable resolution on the original charge. Our guides on what prosecutors look at before filing charges and on concealed firearm charges under Penal Code 25400 cover related firearm prosecutions, and our flat-fee criminal defense pricing covers domestic violence cases from arraignment through resolution.

Frequently Asked Questions

How long is the gun ban after a misdemeanor domestic violence conviction in California?

Ten years under state law for most offenses, life for misdemeanor corporal injury after 2018, and life under federal law. Penal Code section 29805 imposes a ten-year ban from the date of conviction for domestic battery under Penal Code section 243, criminal threats, stalking, and protective order violations, and a lifetime ban for a misdemeanor Penal Code section 273.5 conviction entered on or after January 1, 2019. The federal ban under 18 U.S.C. section 922(g)(9) for a misdemeanor crime of domestic violence never expires.

Does the ten-year California ban mean I can buy a gun after ten years?

Not if the federal ban applies. When the ten years under Penal Code section 29805 end, California law no longer prohibits possession, but federal law under 18 U.S.C. section 922(g)(9) still does if the conviction was a misdemeanor crime of domestic violence. Attempting to purchase a firearm after the state period ends can result in a denied background check and a federal referral.

Will expungement give me my gun rights back?

No. Penal Code section 1203.4 states that a dismissal does not permit a person to own or possess a firearm if the conviction prohibited it, and federal courts have held that a California dismissal does not lift the federal ban. A reduction under Penal Code section 17, subdivision (b), removes the felony ban but not the misdemeanor domestic violence ban.

Do I have to give up my guns when a restraining order is served on me?

Yes, within the short deadline the statute sets. Family Code section 6389 requires a person served with a domestic violence restraining order, including a temporary order, to turn in, sell, or store firearms with a licensed dealer within the time the statute specifies, typically 24 hours after service, and to file proof with the court on form DV-800. Possessing a firearm while the order is in effect is a crime under Penal Code section 29825.

Can I get my guns back if the domestic violence case is dismissed?

Yes, if no other prohibition applies, through the Department of Justice. After a dismissal or acquittal you apply for a Law Enforcement Gun Release letter under Penal Code section 33850, pass the background check, and present the letter to the agency holding the firearms. A restraining order still in effect will block the release until it expires or is terminated.

Can I plead to a different charge to protect my gun rights?

Sometimes. A plea to a non-violent offense such as disturbing the peace under Penal Code section 415 generally avoids both the state and federal bans, while a plea to simple battery under Penal Code section 242 may still trigger them because of how Penal Code section 29805 and the federal definition are written. Whether a prosecutor will agree depends on the evidence, the injuries, and the defendant's record, which is why the firearm consequence should be raised at the first pretrial conference rather than at sentencing.

Gramling Law Group defends domestic violence cases and the restraining order hearings that accompany them at the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the San Bernardino Justice Center, the Victorville courthouse, the Van Nuys and Long Beach courthouses, the Central Justice Center in Santa Ana, and courthouses across the Inland Empire, Los Angeles County, Orange County, and Southern California. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options and handles both the criminal case and the family court restraining order so that the firearm, custody, and employment consequences are addressed together. Call (909) 654-4575 or contact us through this website for a consultation.

This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.