Penal Code 29825: Possessing or Buying a Firearm in Violation of a Restraining Order in California

Quick answer: California Penal Code § 29825 makes it a crime to own, possess, purchase, or receive a firearm while knowing that a restraining or protective order prohibits it. The statute has two tiers. Under subdivision (b), owning or possessing a firearm in violation of the order is a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both. Under subdivision (a), purchasing or receiving, or attempting to purchase or receive, a firearm is a wobbler punishable by up to one year in county jail or by a state prison term, and a fine of up to $1,000. The law applies to temporary restraining orders as well as orders after hearing, and to domestic violence, civil harassment, workplace violence, school violence, elder abuse, stalking emergency, and criminal protective orders. The prosecution must prove that the person knew about the order. Common defenses are lack of knowledge of the order, lack of possession, and unlawful search.

Key Takeaways

• Possession is a misdemeanor. Buying or trying to buy can be a felony.
• A temporary order counts. The prohibition begins when the person is served or otherwise learns of the order.
• Knowledge of the order is an element the prosecution must prove.
• Possession can be constructive and shared, which matters in homes where someone else owns firearms.
• If probation is granted, the court must impose domestic-violence-style probation terms under Penal Code § 1203.097.
• Qualifying domestic violence orders also trigger a separate federal prohibition.
• The charge is avoidable. Timely firearm relinquishment with a filed receipt is the protection.

What Penal Code 29825 Prohibits

Many online summaries describe § 29825 as carrying “up to three years.” That figure applies only to a felony filing under subdivision (a). Simple possession under subdivision (b) is a misdemeanor.

Which Orders Trigger the Prohibition

Section 29825 applies when the firearm prohibition comes from any of the following:

• a civil harassment order (Code Civ. Proc. § 527.6);
• a workplace violence order (Code Civ. Proc. § 527.8);
• a postsecondary school violence order (Code Civ. Proc. § 527.85);
• a domestic violence protective order as defined in Family Code § 6218, including an emergency protective order;
• a criminal protective order (Penal Code § 136.2) or a stalking emergency protective order (Penal Code § 646.91);
• an elder or dependent adult abuse order (Welf. & Inst. Code § 15657.03); and
• a valid order from another state that is similar or equivalent and includes a firearm prohibition.

Violations of a gun violence restraining order are prosecuted under a different statute, Penal Code § 18205, which also adds a five-year firearm prohibition.

What the Prosecution Must Prove

Under the standard jury instruction (CALCRIM No. 2512), the People must prove each of the following beyond a reasonable doubt:

1. The defendant owned, purchased, received, or possessed a firearm.
2. The defendant knew that he or she owned, purchased, received, or possessed the firearm.
3. A court had ordered that the defendant not own, purchase, receive, or possess a firearm.
4. The defendant knew of the court’s order.

“Possession” is broader than holding a gun

A person possesses a firearm by having actual physical custody of it or by having control, or the right to control, it, either personally or through another person. Two or more people can possess the same item. A handgun in a nightstand, a rifle in a shared closet, or a firearm in a storage unit rented in the defendant’s name can each support a possession charge. Mere proximity, or knowing that someone else in the home owns a gun, is not enough without control.

“Firearm” is defined broadly

The Penal Code definition covers handguns, rifles, and shotguns, and for prohibited-person statutes it includes the frame or receiver. A firearm generally does not have to be loaded or operable to qualify.

Knowledge of the order

The prosecution usually proves knowledge with a proof of service, an officer’s testimony about serving the order, the defendant’s presence in court when the order was made, or the defendant’s own statements. The mandatory Judicial Council order forms state the firearm prohibition on their face.

How These Cases Start

• The petition. Restraining order request forms ask whether the respondent has firearms. The court also searches records before a domestic violence hearing, and registered firearms appear in the Department of Justice Automated Firearms System.
• Service of the order. An officer serving an order who has information that the respondent has firearms must ask for immediate surrender.
• A missing receipt. When a restrained person is believed to have firearms and no relinquishment receipt is filed within 48 hours, courts notify law enforcement and may set a compliance hearing.
• Search warrants. California law authorizes a warrant to seize firearms from a person who is subject to a protective order, has been served, and has not relinquished them (Penal Code § 1524).
• Armed and Prohibited Persons System. The Department of Justice cross-references registered gun owners against active orders and sends agents to follow up.
• An attempted purchase. A background check at a licensed dealer returns a denial, and the attempt is referred for investigation under subdivision (a).
• Other police contact. A traffic stop, a probation search, or a call from the protected person.

The 24-Hour Relinquishment Window

When a restraining order is served, the restrained person generally has 24 hours to relinquish firearms and ammunition to law enforcement, or to sell them to or store them with a licensed dealer, and 48 hours to file the receipt with the court. If an officer requests the firearms at the time of service, surrender is immediate (Fam. Code § 6389; Code Civ. Proc. § 527.9). Charges under § 29825 most often arise when that process is skipped, done late, or done incompletely, for example when a firearm is handed to a relative, when one firearm is forgotten, or when a gun kept at a second location is never turned in.

If turning in a firearm would itself be incriminating, California law allows the court to grant use immunity for the act of relinquishment. That request should be made through counsel before the deadline. See firearm surrender after a restraining order in California.

Penalties and Collateral Consequences

• Jail or prison. Up to one year in county jail for a misdemeanor. A felony conviction under subdivision (a) carries a state prison term.
• Fines. Up to $1,000, plus penalty assessments that multiply the base amount.
• Probation terms. If probation is granted, § 29825 requires probation consistent with Penal Code § 1203.097, the statute that governs domestic violence probation. That typically means a minimum of 36 months of probation, a 52-week batterer’s intervention program, a protective order, and community service or fees.
• Loss of the firearm. Firearms involved may be forfeited.
• Further firearm restrictions. A felony conviction results in a lifetime prohibition under Penal Code § 29800.
• The restraining order case. A firearm violation is strong evidence for the petitioner at a hearing or a renewal, and Family Code § 3044 lets courts consider firearm violations in custody decisions.
• Immigration and licensing. Firearm convictions can carry immigration consequences for non-citizens and must often be reported to licensing agencies. See criminal defense for professionals.

Related Charges

The U.S. Supreme Court upheld the federal prohibition in United States v. Rahimi, 602 U.S. 680 (2024). The federal statute applies only to orders issued after actual notice and an opportunity to be heard, that protect an intimate partner or child, and that contain a credible-threat finding or an express prohibition on the use of force. See also restraining order violation defense, Penal Code § 166, and the firearm offenses index.

Defenses to a Penal Code 29825 Charge

No knowledge of the order

If the order was never served, or was served on the wrong person or at an address where the defendant no longer lived, the knowledge element fails. Proofs of service are examined closely for the date, location, and description of the person served. See improper service of a restraining order.

No possession or control

The firearm belonged to someone else and was stored where the defendant had no access, such as a safe with a combination only the owner knew. Fingerprint and DNA evidence, registration records, and statements from the actual owner all matter.

The order did not prohibit firearms, had expired, or was not valid

The order must have been in effect on the date of the alleged possession and must contain a firearm prohibition. Orders that were dissolved, expired, or never properly issued cannot support the charge.

Compliance within the relinquishment period

A person arrested with firearms while in the process of relinquishing them within the time the law allows has a strong argument that the conduct was compliance, not a violation. Documentation such as a call log to the police department, an appointment confirmation, or a dealer intake form is important.

Momentary or justifiable possession

California recognizes a narrow defense when a person possesses a firearm only momentarily in order to dispose of it, or takes temporary possession to deliver it to law enforcement.

Unlawful search or seizure

Firearms found through a search without a valid warrant or a recognized exception may be suppressed under Penal Code § 1538.5. Without the firearm, the case usually cannot proceed.

Court-granted exemption

A limited employment exemption allows some peace officers and armed professionals to possess a specific firearm during work if the court has granted it. The exemption was narrowed effective January 1, 2026, and it does not override federal law.

How a PC 29825 Case Interacts With the Restraining Order Case

Most people charged under § 29825 still have the underlying restraining order case pending or recently decided. The two cases affect each other. A statement about firearms in a restraining order declaration can be used in the criminal case. A plea in the criminal case will be offered at the restraining order hearing. Decisions about testimony, continuances, and negotiated outcomes should be made with both cases in view. See restraining order hearings with a pending criminal case.

What to Do If You Are Under Investigation or Charged

1. Do not discuss firearms with police, the protected person, or anyone else without counsel.
2. If firearms remain in your possession or control, arrange lawful relinquishment through an attorney immediately.
3. Collect the order, the proof of service, and any relinquishment or sales receipts.
4. Write down where each firearm has been since the order was served and who had access.
5. Do not attempt to buy or borrow a firearm or ammunition.
6. Retain a defense attorney before the arraignment. See arraignments in California.

Shared Homes: When Someone Else Owns the Firearms

A restraining order prohibits the restrained person from possessing firearms. It does not, by itself, take away the rights of a spouse, parent, or roommate who lawfully owns guns. The risk for the restrained person is constructive possession. Three arrangements are commonly discussed with counsel:

• Removal from the residence. The owner stores the firearms at another location to which the restrained person has no access. This is the cleanest option.
• Locked storage controlled only by the owner. A safe or lock box with a combination or key that the restrained person does not have and cannot obtain. Whether this is enough depends on the facts, and prosecutors look at practical access.
• Storage with a licensed dealer. Available under Penal Code § 29830 for the restrained person’s own firearms, and sometimes used by other household members as well.

Leaving another person’s firearm in a shared closet, a nightstand, a vehicle both people drive, or a safe whose combination the restrained person knows invites a charge.

Three Illustrations

• The forgotten rifle. A respondent relinquishes two registered handguns and files the receipt, but an old hunting rifle remains in the garage. Agents later find it. The charge is possession under subdivision (b), and the defense turns on knowledge and on whether the rifle was within the respondent’s control.
• The gun counter. A person served with a temporary civil harassment order tries to pick up a firearm ordered weeks earlier. The background check is denied, and the attempt is referred for investigation under subdivision (a), which can be filed as a felony.
• The order nobody served. A person is arrested with a lawfully owned handgun, and a records check shows a temporary order issued two weeks before. The proof of service is missing from the court file. Without proof that the person knew of the order, the knowledge element cannot be met.

Frequently Asked Questions

Is Penal Code 29825 a felony or a misdemeanor?

It depends on the subdivision. Owning or possessing a firearm in violation of a restraining order under subdivision (b) is a misdemeanor punishable by up to one year in county jail and a fine of up to $1,000. Purchasing or receiving a firearm, or attempting to, under subdivision (a) is a wobbler that can be charged as a misdemeanor or a felony.

Does a temporary restraining order count under PC 29825?

Yes. The statute covers temporary restraining orders and injunctions as well as orders issued after a hearing, including domestic violence, civil harassment, workplace violence, school violence, elder abuse, and criminal protective orders.

What if I did not know about the restraining order?

Knowledge is an element. The prosecution must prove you knew you were prohibited from having a firearm by the order. If you were never served and had no actual knowledge of the order, that is a defense.

Can I be charged if the gun belongs to my spouse or roommate?

Possibly. Possession includes constructive possession, meaning control or the right to control the firearm, and it can be shared. Whether a firearm in a shared home was within your control depends on facts such as where it was stored and who could access it.

Do I have time to turn in my guns before I can be charged?

California law generally gives a restrained person 24 hours after service to relinquish firearms, or requires immediate surrender if an officer asks. Holding firearms after that period, buying a firearm, or failing to relinquish can lead to charges. Act within the deadline and keep the receipt.

Can I be charged with both PC 29825 and PC 273.6?

Yes. Possessing a firearm in violation of a protective order can violate the order itself and the firearm statute, and prosecutors sometimes file both. Sentencing rules limit multiple punishment for a single act.

Does PC 29825 apply to ammunition?

Section 29825 addresses firearms. Ammunition possession by a person who is prohibited from possessing firearms is addressed by Penal Code section 30305, and the restraining order statutes separately prohibit ammunition while the order is in effect.

Is it also a federal crime?

It can be. Federal law, 18 U.S.C. section 922(g)(8), prohibits firearm and ammunition possession by a person subject to a qualifying domestic violence protective order issued after notice and a hearing. The federal offense carries far higher maximum penalties than the state offense.

Will a PC 29825 conviction affect my restraining order case?

Yes. A firearm violation is evidence a judge can consider in deciding whether to grant or renew a restraining order, and California law allows courts to consider firearm violations in custody decisions.

Can a PC 29825 charge be dismissed or reduced?

Outcomes depend on the evidence. Cases are dismissed or reduced when the prosecution cannot prove knowledge of the order or possession, when a search was unlawful, or through negotiated resolutions. Some misdemeanor cases may be eligible for diversion at the court’s discretion.

Legal Authorities Referenced

• Penal Code §§ 136.2, 166, 273.6, 646.91, 1203.097, 1524, 1538.5, 18205, 29800, 29805, 29825, 30305
• Family Code §§ 3044, 6218, 6389; Code of Civil Procedure §§ 527.6, 527.8, 527.85, 527.9; Welfare and Institutions Code § 15657.03
• 18 U.S.C. § 922(g)(8); United States v. Rahimi, 602 U.S. 680 (2024)
• CALCRIM No. 2512

Talk to a Defense Attorney Who Handles Both Sides of the Problem

Power Trial Lawyers defends firearm charges and the restraining orders behind them in courts across Los Angeles, Orange, Riverside, San Bernardino, and San Diego counties. Contact the firm to discuss your case.

This page provides general information about California and federal law. It is not legal advice, and reading it does not create an attorney-client relationship. Firearm laws change frequently, and penalties depend on the charge and the person’s record. Confirm details with counsel about your situation. Reviewed by Matthew Barhoma, Esq., Power Trial Lawyers. Last updated November 2026.