Who Can't Own a Gun in California: What Disqualifies Someone From Buying or Possessing a Firearm
Does a California felony expungement restore your gun rights?
No. In California, a felony conviction expunged under Penal Code 1203.4 does not restore firearm rights. The person remains prohibited under both state and federal law. Restoring rights after a felony generally requires a certificate of rehabilitation and a governor's pardon, or having the conviction legally reduced to a qualifying misdemeanor. Consult an attorney for your specific situation.
How long does a misdemeanor gun ban last in California?
Most misdemeanor convictions that trigger a California firearm prohibition under Penal Code Section 29805 carry a 10-year ban from the date of conviction. Some offenses carry lifetime prohibitions. Federal law adds its own permanent ban for any misdemeanor domestic violence conviction. The California DOJ Bureau of Firearms at oag.ca.gov/firearms has current guidance on which offenses fall into each category.
Can you own a gun in California after a 5150 psychiatric hold?
A 72-hour emergency hold (5150) alone does not automatically prohibit firearm ownership in California. The prohibition is triggered when a person placed on a 5150 hold is then admitted for extended involuntary treatment under a 5250 hold. If that threshold is met, California law prohibits firearm possession for five years. The California DOJ tracks these reports and updates its records accordingly.
What is California's Armed Prohibited Persons System (APPS)?
California's Armed Prohibited Persons System, known as APPS, is a state DOJ database that cross-references recorded firearm owners against prohibited-persons records on an ongoing basis. When someone becomes prohibited after already owning guns, APPS flags the conflict. The DOJ's Bureau of Firearms then works with local law enforcement to conduct compliance checks and, where necessary, seize firearms from prohibited individuals.
Can I check whether I'm legally allowed to own a gun in California?
Yes. California's Department of Justice Bureau of Firearms offers a Personal Firearms Eligibility Check, which tells applicants whether state records show them as eligible to possess firearms. There is a fee for the check, and it reflects only California's databases, not federal records. It's advisory and not legally binding, but it's a useful starting point. Visit oag.ca.gov/firearms for current application instructions.
California has one of the broadest sets of firearm prohibitions in the country, covering both permanent and temporary bars that apply to buying, owning, or even handling a gun. The rules come from multiple layers of state and federal law, and they interact in ways that aren't always obvious - someone who is prohibited under state law may still be legal under federal law, or vice versa, and both sets apply simultaneously to anyone in California.
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Federal Prohibitions That Apply in California
Federal law sets a baseline that applies in every state. Under the Gun Control Act, a person is prohibited from possessing any firearm or ammunition if they have been convicted of a felony (any crime punishable by more than a year in prison), are under indictment for a felony, have been adjudicated as mentally defective or involuntarily committed to a psychiatric facility, are an unlawful user of or addicted to a controlled substance, are in the country without lawful immigration status, have renounced U.S. citizenship, are a fugitive from justice, have been dishonorably discharged from the military, or are subject to certain domestic-violence restraining orders. A conviction for a misdemeanor domestic violence offense - under federal law, any misdemeanor involving physical force or a deadly weapon against a family or household member - also creates a lifetime federal prohibition.
These aren't California-specific rules. They're federal floors, and California builds on top of them.
California's Additional Prohibited Categories
As of 2026, per the California Department of Justice, state law expands the prohibited-person category significantly beyond the federal baseline. California prohibits firearm possession for anyone convicted of certain misdemeanors - not just domestic-violence misdemeanors, but a specific list of offenses defined in Penal Code Section 29805. That list has been amended multiple times through legislation and court rulings, and it's long: it includes, among others, misdemeanor convictions for assault, battery, brandishing a weapon, and stalking, with a 10-year prohibition period for most such offenses. Some carry lifetime bans.
California also prohibits anyone who has been placed on a 72-hour psychiatric hold under Welfare and Institutions Code Section 5150 and then admitted for further treatment (a 5250 hold) from owning firearms for five years. A person who has communicated to a licensed mental health provider a serious threat of physical violence against an identifiable person is also reportable to the DOJ, which can trigger a prohibition. People subject to a domestic violence protective order, a gun violence restraining order, or a criminal protective order are prohibited for the duration of that order.
Anyone who has been convicted of any felony - not just violent ones - is permanently prohibited under both state and federal law. California does not recognize expungements of felony convictions as restoring gun rights; a person whose felony record was expunged under Penal Code 1203.4 is still prohibited unless they have obtained a specific certificate of rehabilitation and a governor's pardon, or had the conviction reduced to a misdemeanor that itself doesn't trigger a prohibition. This is a common point of confusion and an area where speaking with an attorney before handling a firearm is genuinely important.
Juveniles adjudicated of offenses that would be felonies or specified misdemeanors if committed by adults are prohibited until age 30 under California law, even if no adult conviction exists on their record.
The DROS System and How Prohibitions Are Checked
When someone attempts to buy a firearm in California, the dealer submits a Dealer Record of Sale (DROS) application to the California DOJ, which runs the buyer through both the federal National Instant Criminal Background Check System (NICS) and California's own AFS (Automated Firearms System) and other state databases. This is how prohibited persons are typically identified at point of sale. The check isn't foolproof - records aren't always complete, and someone who became prohibited after a prior purchase still legally owns their guns under the purchase transaction but is required by law to relinquish them.
California runs a separate program called the Armed Prohibited Persons System (APPS), which cross-references the state's firearm ownership records against the prohibited-persons databases on an ongoing basis. When someone shows up as both a recorded firearm owner and a prohibited person, the DOJ's Bureau of Firearms works with local law enforcement to conduct compliance checks and, if necessary, seize firearms. APPS is a state-specific system with no direct federal equivalent.
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What a Prohibited Person Is Required to Do
If someone becomes prohibited after they already own firearms - through a new conviction, a protective order, or a psychiatric hold that meets the legal threshold - California law requires them to relinquish those firearms. That means transferring them to a licensed dealer, turning them over to law enforcement, or transferring them to an eligible person through a legal process, which typically must happen within a short window after the disqualifying event. Continued possession by a prohibited person is a separate criminal offense from whatever triggered the prohibition in the first place.
A person who is unsure whether they are currently prohibited can submit a Personal Firearms Eligibility Check application to the California DOJ Bureau of Firearms, which will tell them whether the state's records show them as eligible. As of 2026, the DOJ charges a fee for this check; the current amount is listed on the bureau's application materials. The check reflects only what's in California's databases, not necessarily what's in federal records, and it's advisory rather than legally binding - but it's a useful starting point for anyone with uncertainty about their status.
Temporary Prohibitions and Restoration of Rights
Not all California prohibitions are permanent. A 10-year misdemeanor prohibition under Penal Code 29805 expires after the statutory period, assuming no new disqualifying events. A domestic violence restraining order prohibition ends when the order expires or is dissolved. A five-year psychiatric prohibition ends after five years if no additional holds have occurred.
Restoring rights after a felony conviction is a separate, more complex legal process involving the courts, the governor's office, or both, and the outcome is not guaranteed. California law in this area has also been subject to ongoing federal court litigation challenging specific categorical prohibitions under the Second Amendment, so the exact scope of some prohibitions may shift as cases are decided. The DOJ's Bureau of Firearms maintains current guidance on which convictions and circumstances trigger prohibitions, and that guidance is the authoritative place to check.
This is general information, not legal advice. California firearm law is subject to frequent statutory changes and ongoing federal litigation, and the rules described here reflect the state's general framework as of 2026 - specific prohibitions, timelines, and procedures may have changed. Verify your current eligibility status and any applicable rules with the California Department of Justice Bureau of Firearms at oag.ca.gov/firearms before buying, possessing, or transferring any firearm.