PC 29850:
Narcotic Addict Firearm Prohibition

California Penal Code Section 29850^[1] prohibits any person who is addicted to the use of any narcotic drug from owning, purchasing, receiving, or having in their possession or under their custody or control any firearm. This statute replaced former PC 12021(d) during the 2012 Penal Code reorganization.

Definition of Narcotic Addict

The term "narcotic drug" is defined by reference to the California Health and Safety Code, Division 10^[2]. Narcotic drugs include opium, opiates and opiate derivatives (heroin, morphine, codeine, oxycodone, fentanyl), cocaine, and certain other substances. Marijuana is not classified as a narcotic under California law, though marijuana addiction may trigger the federal prohibition under 18 USC 922(g)(3) as cross-referenced in PC 29800(b).

Status-Based Prohibition

PC 29850 is a status-based prohibition, meaning it does not require a criminal conviction or court adjudication to take effect. A person's status as a narcotic addict is sufficient to trigger the prohibition. This distinguishes PC 29850 from PC 29800 (which requires a felony conviction) and from PC 29805 (which requires a conviction for specified misdemeanors). The practical challenge with PC 29850 is proving addiction, which typically requires evidence such as medical records, drug test results, admissions, or expert testimony.

Penalties

A violation of PC 29850 is punishable as a felony by imprisonment in the state prison for two, three, or four years^[3]. Unlike many other firearms offenses that are punished under the county jail provisions of PC 1170(h) following realignment, PC 29850 may result in state prison commitment because it is classified as a straight felony.

Interaction with Drug Treatment

California law does not provide a clear mechanism for a former narcotic addict who has completed treatment and is no longer addicted to have the PC 29850 prohibition formally lifted. In practice, a person who was once addicted but has recovered may argue that the prohibition no longer applies because they are no longer "addicted." However, this defense is fact-specific and there is no administrative process to certify recovery for purposes of PC 29850. Persons in this situation should seek legal counsel before attempting to purchase or possess firearms.