The Surprising Way Misdemeanors Can Strip You of Your Firearms in California

A man named Jim, age 77, is asleep when a strange sound startles him awake. Jim knows every creak in his house—this is different. Alarmed, he retrieves a firearm from his safe and heads downstairs to investigate. On the first floor, he confronts every homeowner’s nightmare—three robbers armed with a crowbar and what looks like a pistol.

Jim defends himself and his wife upstairs, fatally shooting one burglar and scaring the other two thieves off. Then something strange happens. The police take Jim away in handcuffs. Just as Dorothy told her dog in The Wizard of Oz: “Toto, I’ve a feeling we’re not in Kansas anymore.” California residents with firearms must understand we’re also not in Florida—or any other firearm-friendly state for that matter.

Importantly, the above tale wasn’t made up for dramatic effect. In 2024, The New York Post reported a 77-year-old Oakland resident was arrested at his home for a similar nightmare scenario. Thankfully, he was released without being charged several days later. Even so, this story is noteworthy for one important reason. It shows just how vital it is for California residents to know the ins and outs of state law when exercising their Second Amendment right to own a firearm.

Minor Crimes Can Have Major Effects

From coast to coast, convicted felons are prohibited from owning firearms. Yet many California residents are unaware how under California Penal Code § 29805, a misdemeanor conviction may put them in a similar situation. In fact, many misdemeanor convictions carrying a minor sentence may cause a 10-year prohibition on owning a firearm. Should the police later find you with a firearm, it will lead to more serious charges.

According to 29805 PC:

“Any person who has been convicted of, or has an outstanding warrant for, a misdemeanor violation…and who, within 10 years of the conviction, or if the individual has an outstanding warrant, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense…”

Here is an exhaustive list of misdemeanor offenses covered by this firearm prohibition. Convictions—including threats, domestic violence, and assault—can lead to this 10-year restriction under 29805 PC, even if the crimes are minor. Remember, we’re talking about misdemeanors, not more serious felony crimes.

The Importance of Proposition 63

California passed Proposition 63 in 2016, tightening Firearms Laws in the state. It includes limitations on magazine sizes, mandates background checks to purchase ammunition, and increases penalties for illegal firearm possession, as outlined in California Penal Code § 29810. Proposition 63 can impact your rights as even a single misdemeanor conviction can produce long-term consequences.

Again, these laws don’t just affect individuals with major criminal records. They apply to law-abiding citizens too, which can catch the public off guard. To understand how, consider a situation where a mother of three gets into an altercation one night. Prior to the heated argument, this individual had a clean record except for the occasional parking ticket.

However, the spur of the moment incident results in a misdemeanor assault charge, though, thankfully no one was hurt. Under California law, this mother could lose her firearm rights. Similarly, imagine a lawful gun owner who unknowingly violates an ammunition background check requirement. This could very well happen when buying bullets online from an out-of-state dealer. Either situation may trigger penalties under Proposition 63. Again, the takeaway is this: Failing to stay informed of legal risks carries real consequences. Knowing these regulations can be just as critical as understanding how to properly handle and store your firearm.

On the other hand, some aspects of Proposition 63 are being challenged. One such case is Rhode v. Bonta. It concerns the state’s ability to force background checks on ammunition purchases and prohibit certain ammunition importations into California. While this case might go to the Supreme Court, Judge Roger Benitez of the United States District Court for the Southern District of California has been clear on Proposition 63, writing: "California's new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured."

However things turn out with Proposition 63 long-term, it’s important to know the law. If you or a loved one are facing misdemeanor charges and are concerned about your own Second Amendment rights, don’t wait. Please contact me to avoid any possible legal pitfalls.

Together, we can make more informed decisions.