Who Is a 'Prohibited Person' Under California Law - and What Disqualifies Someone From Owning a Firearm
What convictions make you a prohibited person in California?
In California, a felony conviction in any state or under federal law results in a lifetime firearms ban. Certain misdemeanor convictions - including assault, battery, and specific weapons offenses - can trigger a 10-year or lifetime ban under state law. Federal prohibitions, such as misdemeanor domestic violence convictions, also apply. Verify the current list with the California DOJ Bureau of Firearms at oag.ca.gov/firearms.
Does a 5150 psychiatric hold in California ban you from owning a gun?
A 5150 involuntary psychiatric hold in California does not automatically prohibit someone from owning a firearm. A prohibition is triggered only if a formal court or administrative process subsequently determines the person is a danger to themselves or others. If that finding is made, the person is added to the state's prohibited-person database. The California DOJ Bureau of Firearms at oag.ca.gov/firearms has current details.
Can a prohibited person in California keep their guns if they owned them legally before becoming prohibited?
No. Under California law, a person who becomes prohibited after legally owning firearms is generally required to transfer those firearms to a licensed dealer, law enforcement, or another eligible individual. Simply storing them or keeping them at a residence is not permitted. The specific transfer requirements and timelines should be confirmed with the California Department of Justice Bureau of Firearms at oag.ca.gov/firearms.
What is the California Personal Firearms Eligibility Check and how does it work?
California's Personal Firearms Eligibility Check (PFEC) is a voluntary process administered by the state Department of Justice that lets a person submit to a background check to find out whether they appear in any prohibited-person database before attempting to buy or receive a firearm. It involves a fee and processing time. It's a point-in-time check and isn't a legal guarantee. Current fees and procedures are available at oag.ca.gov/firearms.
Can an expungement in California restore your right to own a firearm?
In California, an expungement does not automatically restore firearm rights. Whether a conviction continues to prohibit someone from possessing a firearm depends on the nature of the underlying offense, not whether it was expunged. Some people may be eligible to petition a court for a separate restoration of rights, but the process is complex and case-specific. Anyone in this situation should consult a licensed California attorney and check oag.ca.gov/firearms for current guidance.
California has one of the longest lists of firearm prohibitions in the country, covering everything from felony convictions to certain misdemeanors to specific mental health adjudications. For anyone unsure whether they or someone in their household can legally own a gun - and for anyone thinking about gifting, selling, or transferring one - understanding who is legally barred from possessing a firearm in California is essential. Getting it wrong can mean felony charges for both the person who receives the gun and the person who transfers it.
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The Core Federal Baseline
California's prohibited-person rules start with federal law, then go further. Under federal law, people barred from possessing firearms include anyone convicted of a felony, anyone subject to a qualifying domestic-violence restraining order, anyone convicted of a misdemeanor domestic-violence offense, anyone who has been involuntarily committed to a psychiatric institution, and anyone who is in the United States unlawfully, among other categories. California law incorporates all of those and adds its own layers on top.
Who California Adds to That List
As of 2026, per the California Department of Justice, state law prohibits firearm possession for a broader set of people than federal law alone covers. That includes anyone convicted of certain misdemeanors that are not federally disqualifying - California maintains a list of specific misdemeanor offenses that trigger a 10-year ban or, in some cases, a lifetime ban. Convictions for assault, battery, and a range of weapons-related misdemeanors can be enough.
California also prohibits possession by anyone who is the subject of a Gun Violence Restraining Order (GVRO), a domestic-violence restraining order, or a criminal protective order. People who have been placed on a 5150 psychiatric hold are not automatically prohibited, but those who are subsequently determined to be a danger to themselves or others through a formal court process can be added to the state's prohibited list. The same applies to anyone found not guilty of a crime by reason of insanity, or anyone found mentally incompetent to stand trial.
Juveniles adjudicated for offenses that would be felonies if committed by an adult are prohibited until age 30, or longer depending on the offense. Anyone convicted of a felony in any state or under federal law is prohibited for life in California. That lifetime bar also extends to people convicted of specified violent misdemeanors.
One California-specific category that often catches people off guard: anyone addicted to a narcotic drug is prohibited, as is anyone currently subject to a condition of probation or parole that explicitly prohibits firearm possession.
How the State Tracks This - the DROS and AFS Systems
When a firearm sale or transfer is processed through a California licensed dealer, the Dealer Record of Sale (DROS) system runs a background check that pulls from state and federal databases simultaneously. Separately, California operates the Armed Prohibited Persons System (APPS), run by the state DOJ, which cross-references records of registered firearm owners against records of people who later become prohibited. When there's a match, DOJ agents can be dispatched to recover the firearms. That system has been in place for years and is one of the features that makes California's enforcement structure distinct from most other states.
The practical implication: becoming a prohibited person after legally acquiring a firearm does not make possession suddenly legal. State law requires a newly prohibited person to transfer their firearms to a licensed dealer, law enforcement, or another eligible person - not simply store them somewhere. The specifics of how and within what timeframe that transfer must happen are governed by California law and should be confirmed directly with the DOJ Bureau of Firearms.
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What to Do If You're Unsure of Your Status
California offers a process called the Personal Firearms Eligibility Check (PFEC), administered by the state DOJ, through which a person can submit to a background check voluntarily to determine whether they appear in any prohibited-person database before attempting a purchase or transfer. As of 2026, that process involves a fee and takes some processing time - the DOJ's Bureau of Firearms has current fee schedules and processing details. It's not a guarantee - a PFEC is a point-in-time check and doesn't account for records that may not yet be in a database - but it's the clearest formal mechanism available to someone who genuinely doesn't know their status.
For anyone with a prior conviction, a restraining order in their history, or a mental-health record of any kind, consulting with a licensed California attorney before attempting to purchase or possess a firearm is strongly advisable. The prohibited-person rules interact with expungements, out-of-state convictions, and juvenile records in ways that are not always intuitive, and the consequences of getting it wrong are serious.
For People Who Want to Transfer a Firearm to Someone Else
Anyone transferring a firearm in California - whether selling, gifting, or passing one on through an inheritance - is generally required under state law to complete the transfer through a licensed dealer, who runs the background check on the recipient. There is no legal mechanism in California for most private-party transfers that bypasses that check. Transferring a firearm to someone who turns out to be a prohibited person can result in criminal liability for the transferor, even if they didn't know. The burden is on both parties to ensure the transfer is done lawfully.
This is general information, not legal advice. California's prohibited-person rules are subject to legislative changes and ongoing court proceedings, and specific details - including current misdemeanor lists, PFEC fees, and transfer procedures - should be verified directly with the California Department of Justice Bureau of Firearms at oag.ca.gov/firearms before taking any action.