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Penal Code 29825 relates to the possession of a firearm in violation of a court order in California. It specifically addresses situations where a person is prohibited from owning, possessing, purchasing, or receiving firearms due to a court-issued restraining order or an injunction.
Prohibition: This section makes it illegal for an individual who is subject to a restraining order, protective order, or injunction that prohibits them from possessing firearms or ammunition to knowingly own, possess, purchase, or receive any firearm or ammunition while the order is in effect.
Court Orders: The court orders covered by this section include domestic violence restraining orders, elder or dependent adult abuse restraining orders, civil harassment restraining orders, workplace violence restraining orders, and others issued by a court to protect a specific person or group of people.
Elements of the Offense: To be charged under Penal Code 29825, the following elements must generally be proven:
a. Existence of a valid court order: There must be a court-issued restraining order or injunction in effect that specifically prohibits the possession of firearms or ammunition.
b. Knowledge of the order: The individual must have knowledge of the court order’s existence and the prohibition against firearm possession.
c. Willful violation: The possession, ownership, purchase, or receipt of firearms or ammunition must be intentional and done knowingly in violation of the court order.
Penalties: Violating Penal Code 29825 is typically a felony offense. The potential penalties include imprisonment in county jail for a term not exceeding one year or imprisonment in state prison for 16 months, two years, or three years.
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