PC 29850:
Narcotic Addict Firearm Prohibition

California Penal Code Section 29850^[1] provides an exemption when all of its conditions are met. The narcotic-addiction prohibition is in PC 29800(a)(1), which covers a person addicted to the use of any narcotic drug who owns, purchases, receives, or has in possession or under custody or control any firearm. Section 29850 instead provides a justification for violations of Sections 29800, 29805, 29815, or 29820 when all of its temporary-possession and delivery conditions are met.

Definition of Narcotic Addict

Health and Safety Code Section 11019 in Division 10 provides a definition of "narcotic drug"^[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) under the separate federal statute.

Status-Based Prohibition

The narcotic-addiction category in PC 29800(a)(1) does not require a criminal conviction or court adjudication. A person's status as a narcotic addict is sufficient to trigger the prohibition. PC 29800 also covers specified convictions and known outstanding warrants, while PC 29805 covers specified misdemeanor convictions and known outstanding warrants for the misdemeanors listed in subdivision (a). Under PC 29850(c), the defendant must prove by a preponderance of the evidence that the exemption applies.

Penalties

A violation of PC 29800(a)(1) is a felony. PC 29850^[3] instead provides a conditional exemption from violations of PC 29800 and other listed sections. PC 29850 does not classify an offense or prescribe a prison sentence.

Interaction with Drug Treatment

PC 29800(a)(1) prohibits firearm ownership, purchase, receipt, possession, custody, or control by a person who is addicted to the use of any narcotic drug. PC 29850 instead provides an exemption for temporary possession when all its conditions are met. The defendant must prove that exemption by a preponderance of the evidence. Persons in this situation should seek legal counsel before attempting to purchase or possess firearms.