Firearm Possession in Violation of a Court Order – Penal Code 29825 PC

Under California Penal Code § 29825, it is a crime to own, purchase, receive, attempt to receive, or possess a firearm while subject to a court order that prohibits firearm possession. Violating this law can result in serious criminal penalties, including a felony conviction and state prison time.

This statute most commonly arises in domestic violence cases, where courts issue protective or restraining orders that automatically strip a person of firearm rights. Importantly, the firearm need not be loaded, operable, or even registered for a violation to occur.

If you are accused of possessing or attempting to obtain a firearm while under a court order, immediate legal representation is critical.

Overview of Penal Code 29825

Penal Code 29825 makes it illegal to knowingly:

  • Own a firearm

  • Possess a firearm

  • Purchase or receive a firearm

  • Attempt to purchase or receive a firearm

when you are prohibited from doing so by a qualifying court order or injunction.

The law applies to any firearm and its ammunition, regardless of whether the weapon is functional or loaded.

Court Orders That Trigger Firearm Prohibitions

PC 29825 applies when a firearm prohibition is imposed by a court order, including:

  • Domestic violence protective orders
    These orders automatically prohibit the possession of firearms by law.

  • Criminal protective or restraining orders
    Issued by a judge in a criminal case.

  • Temporary restraining orders (TROs)
    Even temporary orders can trigger firearm restrictions.

  • Civil injunctions prohibiting firearm possession
    Including harassment or workplace violence injunctions.

Once served with the order, the restriction is legally enforceable—even if the case is ongoing.

Elements Prosecutors Must Prove

To secure a conviction under Penal Code 29825, the prosecution must prove all of the following beyond a reasonable doubt:

  • You were subject to a qualifying court order or injunction
    That explicitly prohibited firearm possession.

  • You had knowledge of the order
    Proper notice of the order is required.

  • You knowingly owned, possessed, purchased, received, or attempted to obtain a firearm
    In violation of that order.

If any of these elements cannot be proven, the charge may fail.

What Counts as a “Firearm” Under PC 29825?

For purposes of this law, a firearm includes any device designed to expel a projectile through explosion or combustion.

Key points include:

  • The firearm does not need to be operable

  • The firearm does not need to be loaded

  • Attempting to acquire a firearm is treated the same as actual possession

A non-working or unloaded gun can still result in criminal liability.

Actual vs. Constructive Possession

Possession under PC 29825 may be:

  • Actual possession
    Physical control, such as holding the firearm or carrying it in a holster.

  • Constructive possession
    The ability to access or control the firearm, even if it is not on your person.

For example, a gun stored in your home, vehicle, or a location under your control may qualify as possession.

Firearm Relinquishment Requirements

A qualifying court order must instruct that firearms be:

  • Relinquished to local law enforcement

  • Sold to a licensed firearms dealer

  • Transferred to a licensed firearms dealer under Penal Code § 29830

The order must also:

  • Specify the deadline for surrender or sale

  • Require proof of compliance

  • State the penalties for violation

Failure to comply with any of these requirements can trigger criminal charges.

Examples of Penal Code 29825 Violations

Example 1:
A domestic violence protective order requires firearm surrender. The restrained person turns in several weapons but hides one unregistered handgun. Possession of that weapon violates PC 29825.

Example 2:
A person subject to a restraining order attempts to buy a firearm online. The background check blocks the purchase. Even though the gun was never received, the attempt alone constitutes a violation.

Related California Firearm and Domestic Violence Crimes

Charges under Penal Code 29825 often appear alongside other offenses, including:

  • Penal Code § 273.6 – Violation of a restraining order

  • Penal Code § 273.5 – Corporal injury to a spouse

  • Penal Code § 243.4(e)(1) – Domestic battery

  • Penal Code § 646.9 – Stalking

  • Penal Code § 29800 – Felon in possession of a firearm

  • Penal Code § 29805 – Firearm possession after certain convictions

Penalties for Violating Penal Code 29825

Penal Code 29825 is a wobbler, meaning it may be charged as either a misdemeanor or a felony.

Misdemeanor Penalties

  • Up to one year in county jail

  • Fine of up to $1,000

Felony Penalties

  • 16 months, 2 years, or 3 years in state prison

  • Fine of up to $1,000

The charging decision often depends on prior criminal history, the nature of the underlying order, and the circumstances of possession.

Gun Rights Consequences

Anyone charged under PC 29825 has already lost firearm rights due to the court order.

  • Misdemeanor conviction
    Firearm rights may be restored after compliance and completion of sentencing.

  • Felony conviction
    Results in a lifetime ban on firearm ownership under California law.

Common Defenses to Penal Code 29825 Charges

A skilled California criminal defense attorney may raise defenses such as:

  • Lack of knowledge of the court order
    You must be properly notified for the law to apply.

  • Lack of knowledge of firearm presence
    You did not know a firearm was in your home, vehicle, or under your control.

  • Momentary possession
    Temporary possession solely for disposal or surrender purposes.

  • Insufficient evidence of possession
    Mere proximity does not always establish control.

Speak With a California Firearms Defense Attorney

A charge under Penal Code 29825 can permanently impact your freedom and firearm rights. Early legal intervention can mean the difference between dismissal, reduction, or conviction.

The Hedding Law Firm, based in Los Angeles, California, represents individuals accused of firearm possession violations, domestic violence-related offenses, and restraining order violations.

Contact our office for a confidential case review and protect your rights.