Who Can't Own a Gun in California: What the State's Prohibited-Person Rules Actually Mean
What convictions make you a prohibited person in California?
In California, as of 2026 per the CA DOJ, any felony conviction results in a lifetime firearm prohibition under both state and federal law. Certain misdemeanor convictions - including some assault, battery, and domestic-violence offenses - also trigger prohibitions ranging from 10 years to lifetime, depending on the specific offense. The CA DOJ Bureau of Firearms maintains the current list at oag.ca.gov/firearms.
Does a 5150 mental health hold in California mean you can't own a gun?
A 5150 hold alone doesn't automatically prohibit firearm possession in California. As of 2026, per CA DOJ, the prohibition is generally triggered when someone placed on a 5150 hold is then admitted for further evaluation or treatment and that admission is reported to the DOJ. A full involuntary commitment under a longer hold can result in a lifetime prohibition. Specific facts matter significantly, so consult the CA DOJ Bureau of Firearms or a California attorney if you're unsure.
Can a restraining order prevent you from owning a gun in California?
Yes. In California, certain restraining orders - including domestic-violence protective orders and Gun Violence Restraining Orders - require the subject to surrender any firearms in their possession and bar them from purchasing or possessing firearms for the duration of the order. Some permanent restraining orders can result in a lifetime prohibition. Orders issued by courts in other states can also qualify if they meet the legal criteria.
How does California find out if someone who legally bought a gun becomes prohibited later?
California uses a system called the Armed and Prohibited Persons System, or APPS, which cross-references records of people who legally acquired firearms against databases of later-arising prohibitions - such as a new felony conviction, a restraining order, or a qualifying mental-health commitment. When APPS identifies a match, the CA DOJ can refer the case for investigation and potential firearm seizure.
Can you get your California gun rights restored after a prohibition?
Restoration of firearm rights in California is possible in some cases but not all. A felony conviction may be eligible for reduction to a misdemeanor in limited circumstances, which could affect prohibited status. Some misdemeanor-based 10-year prohibitions expire by operation of law. Lifetime prohibitions under California law are very difficult to lift. The CA DOJ Bureau of Firearms at oag.ca.gov/firearms has information on the review and challenge process, and a California attorney can advise on specific situations.
California maintains one of the country's more expansive lists of conditions that bar someone from possessing, purchasing, or receiving a firearm. The rules come from both state and federal law, and they don't always line up - which means a person can be prohibited under California law even if federal law wouldn't block them, or vice versa. Knowing where you stand matters before attempting any firearm transaction in the state.
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The Federal Floor California Builds On
Federal law under the Gun Control Act sets a baseline set of prohibitions that apply everywhere in the United States. These include anyone convicted of a felony, anyone under indictment for a felony, anyone adjudicated as "mentally defective" or committed to a psychiatric institution, undocumented immigrants, anyone who has renounced U.S. citizenship, anyone under a qualifying domestic-violence restraining order, anyone convicted of a qualifying domestic-violence misdemeanor, and certain others. California enforces all of these through its own parallel statutes as well.
What California adds on top of the federal baseline is where the state's rules get notably broader.
California-Specific Prohibitions
As of 2026, per the California Department of Justice, state law prohibits firearm possession by anyone convicted of certain misdemeanors that federal law doesn't catch. These include misdemeanor convictions for offenses like assault, battery, brandishing a weapon, and a range of domestic-violence-related crimes. The length of the prohibition varies: some misdemeanor convictions result in a 10-year ban, while others trigger a lifetime prohibition. California has expanded this list through successive legislative sessions, so what was a 10-year bar in a prior year may now be lifetime under more recent statute - the CA DOJ Bureau of Firearms maintains the current list.
California also prohibits firearm possession by anyone subject to a Gun Violence Restraining Order (GVRO), sometimes called a "red flag" order. A GVRO can be sought by law enforcement, immediate family members, employers, coworkers, teachers, and others with a qualifying relationship to the subject - and it doesn't require a criminal conviction. When a court issues one, the subject is required to surrender any firearms in their possession.
Anyone placed on California's Armed and Prohibited Persons System, known as APPS, is also subject to active enforcement. The state uses APPS to cross-reference people who legally acquired firearms against records of later-arising prohibitions - a felony conviction, a mental-health hold, a new restraining order - and routes those cases to DOJ agents for follow-up.
Mental Health Holds and Involuntary Commitments
California imposes a five-year firearms prohibition on anyone who has been placed on a 72-hour mental-health hold under Welfare and Institutions Code Section 5150 and who was then admitted for further evaluation or treatment, under a process that results in a report to the DOJ. A single 5150 hold that doesn't result in admission does not automatically trigger the prohibition, but the rules around this are fact-specific and have been subject to litigation. A full involuntary commitment under a longer-term hold triggers a lifetime prohibition under state law. Anyone uncertain about whether a past mental-health event affects their status should consult the CA DOJ Bureau of Firearms or a licensed California attorney.
Drug-Related and Other Prohibitions
Conviction of a felony drug offense triggers a lifetime prohibition under both state and federal law. California also bars firearm possession by anyone who is currently addicted to a narcotic drug, though enforcement of this provision is legally complex. Certain juvenile adjudications can also result in prohibition that carries into adulthood, depending on the nature of the offense.
People who are on active felony probation or who are out on felony parole are prohibited. So are people subject to a domestic-violence protective order meeting specific legal criteria - including orders issued by courts in other states that are entitled to full faith and credit.
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How Prohibited Status Gets Checked - and What Happens If Someone Is Wrong
Every firearm purchase in California goes through a licensed dealer who submits a background check through the California Automated Firearm System, which pulls state and federal records. The Dealer Record of Sale process and the 10-day waiting period are part of how this plays out at the point of sale. But a background check at the time of purchase isn't the only enforcement mechanism - as noted above, the APPS system is specifically designed to identify people who were legal buyers at the time and became prohibited later.
Possessing a firearm while prohibited is a crime under both state and federal law. Under California Penal Code, knowing possession of a firearm by a prohibited person is generally charged as a felony, though some misdemeanor-based prohibitions carry misdemeanor-level possession charges - the classification depends on the underlying prohibition. Federal prosecution is also possible, and federal sentences for prohibited-person possession can be significant.
Someone who is unsure whether a past conviction, mental-health event, restraining order, or other circumstance has placed them in prohibited status can request a review through the CA DOJ Bureau of Firearms. The bureau also has a process for people to challenge a prohibition they believe was applied in error.
This is general information, not legal advice. California's prohibited-person rules are detailed, change frequently through legislation and court decisions, and interact with federal law in ways that vary by individual circumstance. Always verify your current status and any specific rules with the California Department of Justice Bureau of Firearms at oag.ca.gov/firearms, or consult a licensed California attorney before purchasing, possessing, or transferring any firearm.