Skip to content
Effective

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

FederalPenalties

California Penal Code Section 29800(b)[1] makes firearm ownership, possession, custody, or control a felony for a person convicted of a felony or an offense enumerated in Section 23515 when the conviction results from juvenile-court certification for adult prosecution under Welfare and Institutions Code Section 707. Federal prohibited-person categories are separately stated in 18 United States Code Section 922(g)[2]. Section 29800(b) does not incorporate those federal categories into California 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)) Persons convicted of a crime punishable by imprisonment for more than one year, subject to the exclusions and conviction-relief rules in 18 USC 921(a)(20)
  • 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. On June 18, 2026, the Supreme Court held in United States v. Hemani that applying the unlawful-user provision based solely on regular marijuana use, without individualized proof of danger, violated the Second Amendment in that case.[4]
  • 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

PC 29800(b) addresses specified convictions following juvenile-court certification for adult prosecution. It does not create a general state offense for every person prohibited under federal law. Under 18 USC 922(g), qualifying convictions, qualifying domestic violence restraining orders, and unlawful use of or addiction to controlled substances are separate federal grounds for prohibition. Under 18 USC 921(a)(20), the conviction definition excludes state misdemeanors punishable by two years or less, along with specified business-regulation offenses, and contains rules for pardons, expungements, and restoration of civil rights.

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, except marijuana in an FDA-approved drug product or subject to a state medical marijuana license, which a federal rule effective April 28, 2026 placed in Schedule III. ATF Form 4473, generally required for firearm transfers from licensed dealers to unlicensed buyers, 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" prohibits the transaction. Knowingly making a false statement intended or likely to deceive the dealer about a fact material to the lawfulness of the firearm acquisition violates 18 USC 922(a)(6) and is punishable under 18 USC 924(a)(2). PC 29800(b) does not incorporate the federal controlled-substance prohibition in 18 USC 922(g)(3).

Verification

10 of 10 factual claims on this page were matched to their source text as of 2026-10-17.

Show the claims
Factual claims on this page and their verification status
ClaimTypeStatusSourceChecked
PC 29800(b)Source text: # § 29800 ## (a) (1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, governmenSTATverified against sourceNone2026-10-16
Penal Code Section 29800(b)Source text: # § 29800 ## (a) (1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, governmenSTATverified against sourceNone2026-10-16
Welfare and Institutions Code Section 707Source text: # § 707 ## (a) (1) In any case in which a minor is alleged to be a person described in Section 602 by reason of the violation, when the minor was 16 years of STATverified against sourceNone2026-10-16
18 USC 922(g)Source text: ## (g) It shall be unlawful for any person— (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2)STATverified against sourceNone2026-10-16
California Penal Code Section 29800(b)Source text: # § 29800 ## (a) (1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, governmenSTATverified against sourceNone2026-10-16
18 USC 921(a)(20)Source text: ## (a) As used in this chapter— (1) The term “person” and the term “whoever” include any individual, corporation, company, association, firm, partnership, socSTATverified against sourceNone2026-10-16
United States v. HemaniSource text: United States v. Hemani (24-1234)CASEverified against sourceNone2026-10-17
18 USC 922(g)(3)Source text: ## (g) It shall be unlawful for any person— (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2)STATverified against sourceNone2026-10-16
18 USC 922(a)(6)Source text: ## (a) It shall be unlawful— (1) for any person— (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of impoSTATverified against sourceNone2026-10-16
18 USC 924(a)(2)Source text: ## (a) (1) Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929, whoever— (A) knowingly makes STATverified against sourceNone2026-10-16