PC 29800(b):
Federal Prohibited Persons Cross-Reference

California Penal Code Section 29800(b)^[1] extends state-level enforcement to all federal firearms prohibitions found in 18 United States Code Section 922(g)^[2]. This cross-reference means that California law enforcement can arrest and California prosecutors can charge individuals who are federally prohibited persons even for conduct that might not independently violate state law.

Federal Prohibited Categories Under 18 USC 922(g)

The federal statute establishes the following categories of persons who may not possess firearms or ammunition:

• Convicted felons (922(g)(1)): Any person convicted of a crime punishable by imprisonment for more than one year
• Fugitives (922(g)(2)): Any person who is a fugitive from justice
• Unlawful users of controlled substances (922(g)(3)): Any person who is an unlawful user of or addicted to any controlled substance
• Adjudicated mental defective (922(g)(4)): Any person adjudicated as a mental defective or committed to a mental institution
• Illegal aliens (922(g)(5)): Any person who is an illegal alien or has been admitted under a nonimmigrant visa
• Dishonorable discharge (922(g)(6)): Any person discharged from the armed forces under dishonorable conditions
• Renounced citizenship (922(g)(7)): Any person who has renounced United States citizenship
• Restraining order (922(g)(8)): Any person subject to a qualifying domestic violence restraining order
• Domestic violence misdemeanant (922(g)(9)): Any person convicted of a misdemeanor crime of domestic violence

Practical Significance

The cross-reference in PC 29800(b) is particularly important in several situations. First, it allows state prosecution of persons convicted of out-of-state misdemeanors that would not qualify as California felonies but carry sentences exceeding one year (the federal threshold). Second, it captures persons subject to domestic violence restraining orders who might not otherwise be covered by California's restraining order firearms provisions. Third, it provides an independent state-law basis to charge unlawful controlled substance users, including persons who use marijuana, which remains a federal Schedule I substance even though California has legalized it for recreational use.

Marijuana and Federal Law

A particularly contentious aspect of 18 USC 922(g)(3) is its application to marijuana users. Despite California's legalization of recreational marijuana under Proposition 64 (2016)^[3], marijuana remains a Schedule I controlled substance under federal law. ATF Form 4473, required for all firearm purchases from licensed dealers, asks whether the buyer is an "unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance." Answering "yes" results in a denial; answering "no" while being a marijuana user constitutes a federal felony (making a false statement on a firearms form). California does not actively enforce the federal marijuana-firearms prohibition through PC 29800(b), but the legal risk remains for California marijuana users who purchase or possess firearms.

See also: 18 USC 922(g): Federal Prohibited Persons

See also: California's Prohibited Person Categories vs Federal Law