How do I determine if a past criminal conviction in California makes me legally prohibited from owning a firearm?

To determine if a past California criminal conviction prohibits you from owning a firearm, you must identify your specific conviction and check it against state and federal prohibiting categories. The type of crime and its classification as a felony or specific misdemeanor are the key factors. Here is how to determine your firearm eligibility: Step 1: Obtain Your Official Criminal Record Collect all documents related to your conviction. You can request your criminal history record from the court where you were convicted. Alternatively, you can submit a "Request for Your Own Criminal History Record" via Live Scan to the California Department of Justice (DOJ). You need the exact Penal Code section you were convicted of, the date of conviction, and whether it was a felony or misdemeanor. Step 2: Check for Felony Prohibitions If your conviction was for any felony, you are prohibited from owning or possessing a firearm for life under California Penal Code 29800. This includes felonies from other states and federal convictions. Step 3: Check for Misdemeanor Prohibitions If your conviction was for a misdemeanor, check if it is listed in California Penal Code 29805. This law imposes a 10-year firearm ban for specific misdemeanors, including violent crimes (like assault or battery) and domestic violence. The 10-year ban begins on the date of conviction. Step 4: File a Personal Firearm Eligibility Check (PFEC) To get a definitive answer, complete and submit a Personal Firearm Eligibility Check (form BOF 116) to the California DOJ. This official request asks the DOJ to check its records and inform you if you are legally eligible to possess a firearm. The form is available on the California DOJ Bureau of Firearms website. Important Details and Nuances: A California expungement (a dismissal under Penal Code 1203.4) does not restore firearm rights for a conviction that is otherwise prohibiting. Also, certain mental health holds, such as a 5150 evaluation, result in a 5-year prohibition under Welfare and Institutions Code 8103. Warnings and Limitations: Federal law has its own set of prohibitions that may apply even if California law does not. Attempting to purchase or possess a firearm while you are prohibited is a separate and serious crime. The laws in this area are complex and subject to change. This is general information and does not constitute legal advice. For complex situations, such as convictions reduced from a felony to a misdemeanor or out-of-state convictions, you should consult with a qualified California attorney.
Disclaimer: This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 1662
Updated: October 03, 2026

Criminal Law

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