SECTIONS 29800-29825 - California Statutes

PENAL CODE

SECTION 29800-29825

29800. (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.
(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 person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
(1) Conviction of a like offense under California law 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.

29805. Except as provided in Section 29855 or subdivision (a) of
Section 29800, 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, Section 171b, paragraph (1) of subdivision (a) of
Section 171c, 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, 626.9, 646.9, or
830.95, subdivision (a) of former Section 12100, as that section read
at any time from when it was enacted by Section 3 of Chapter 1386 of
the Statutes of 1988 to when it was repealed by Section 18 of
Chapter 23 of the Statutes of 1994, Section 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, 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, 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. 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. (a) For any person who is subject to Section 29800 or 29805,
the court shall, at the time judgment is imposed, provide on a form
supplied by the Department of Justice, a notice to the defendant
prohibited by this chapter from owning, purchasing, receiving,
possessing, or having under custody or control, any firearm. The
notice shall inform the defendant of the prohibition regarding
firearms and include a form to facilitate the transfer of firearms.
(b) Failure to provide the notice described in subdivision (a)
shall not be a defense to a violation of this chapter.

29815. (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. (a) This section applies to any person who satisfies both of
the following requirements:
(1) The person is alleged to have committed an offense listed in
subdivision (b) of Section 707 of the Welfare and Institutions Code,
an offense described in subdivision (b) of Section 1203.073, any
offense enumerated in Section 29805, or any 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
subdivision (b) of Section 707 of the Welfare and Institutions Code,
an offense described in subdivision (b) of Section 1203.073, any
offense enumerated in Section 29805, or any offense described in
Section 25850, subdivision (a) of Section 25400, or subdivision (a)
of Section 26100.
(b) Any person described in subdivision (a) shall not own, or have
in possession or under custody or control, any firearm until the age
of 30 years.
(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. (a) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that the person is prohibited
from doing so 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 or
646.91 of this code, or a protective order issued pursuant to Section
15657.03 of the Welfare and Institutions Code, 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) Every person who owns or possesses a firearm knowing that the
person is prohibited from doing so 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 or 646.91 of this code, or a protective order issued
pursuant to Section 15657.03 of the Welfare and Institutions Code, is
guilty of a public offense, which shall be 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 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 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 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.