California Assault Weapon Possession Lawyer

Facing the possession of assault weapon is frightening. Under Penal Code § 30605 PC (often shortened to 30605), simply possessing a banned semiautomatic firearm can trigger either a misdemeanor or a felony filing. A conviction under this code section is punishable by up to three years in county jail or state prison, stiff fines, and a lifetime firearm ban. If you have been charged, our California criminal defense team is ready to protect your rights and fight to keep you out of custody.

Legal Definition of Possession of an Assault Weapon

California makes it a crime to possess centrally featured semiautomatic rifles, pistols, and shotguns that meet the State’s sweeping definition of “assault weapon.” California Penal Code 30605 PC says, in relevant part:“Any person who, within this state and without being exempted, possesses an assault weapon, except as provided in Sections 30600, 30630, 30645, or 30945, shall be punished by imprisonment pursuant to Section 1170 or by imprisonment in a county jail not exceeding one year.”Key takeaways:

• 30605 is a possessory crime, even with no intent to sell included.
• The statute applies anywhere “within this state,” even private homes.
• Narrow statutory exemptions exist for law enforcement, museums, and licensed gunsmiths.

Penal Code § 30605 prohibits mere possession; it is a wobbler that can devastate a first-time gun owner.”

What Qualifies as an “Assault Weapon” in California?

Under California law, “assault weapons” are defined mainly by Penal Code § 30515. You may be holding an “assault weapon in California if your:

• Centerfire rifle has a detachable magazine and one “evil” feature, e.g., a pistol grip, flash suppressor, folding stock, or forward pistol grip.
• Centerfire pistols accept detachable magazines outside the pistol grip or feature a threaded barrel.
• Shotguns are semiautomatic with pistol grips and no fixed stock.
• Certain firearms, like Colt AR-15, AK-series, are individually enumerated firearms in the statute.

Owners who installed aftermarket parts and unwittingly rendered their rifle an assault weapon often find themselves in violation of PC 30605.

Elements the Prosecutor Must Prove

To convict you of possession of an assault weapon, the prosecutor must satisfy each element beyond a reasonable doubt:

• You possessed, actually or constructively, an assault weapon under California law.

• You knew of the weapon’s presence.

• You knew the firearm had the characteristics that constitute an assault weapon.

Constructive possession means the firearm was under your control (e.g., in a closet you control) even if not on your person.When jurors weigh guilt, they follow the criminal jury instructions that mirror these three points.

Penalties for Violating Penal Code 30605

Misdemeanor (wobbler)

• Custody Exposure: Up to one year in county jail
• Penalty Fines: Up to $1,000
• Collateral Fallout: Summary probation, weapon forfeiture

Felony

• Custody Exposure: 16 mos / 2 yrs / 3 yrs in state prison
• Penalty Fines: Up to $10,000
• Collateral Fallout: Lifetime gun ban, loss of voting rights, immigration peril

Misdemeanor vs. Felony Consequences

The wobbler nature of 30605 means the DA inspects:

• Whether additional assault weapons or destructive devices were found.
• Prior felony or violent convictions.
• Presence of modifications (e.g., bump stocks).
• Facts showing reckless display or brandishing.

First-Time Offender Considerations

Judges sometimes grant misdemeanor probation with no jail for first-time gun owners who quickly surrender the weapon and complete safety courses.

Sentence Enhancements & Additional Charges

• Penal Code § 186.22 gang enhancement can add years to the sentence.
• Possession of a firearm in connection with narcotics adds a consecutive year.
• Owning multiple banned rifles can lead to separate counts, multiplying exposure.

Legal Defenses to PC 30605 Charges

A strong defense hinges on technical knowledge of firearms and constitutional rights.

Lack of Knowledge or Possession

You cannot be convicted if the prosecutor fails to prove you knowingly possessed the rifle. If the weapon was hidden in a roommate’s locked safe or slipped into your truck bed without consent, actual possession is missing. Even constructive possession collapses if we establish you had no access or control. This is especially effective for cases where multiple people share a garage, hunting cabin, or storage unit.

Weapon Not Defined as an Assault Weapon

Some firearms are misclassified by officers who rely on outdated DOJ memos. A fixed-magazine rifle loaded with a tool-required device, for instance, falls outside the statutory ban. By bringing a certified armorer to court, we measure barrel length, action type, and magazine locking mechanisms, often proving the firearm is legal under California Penal Code 30515 and forcing a dismissal.

Temporary or Lawful Possession

Moving a deceased relative’s collection to a licensed dealer or transporting an AK-pattern rifle for a police buy-back is lawful under Section 30630. Likewise, peace officers can store seized weapons while on official duties. We document shipping receipts, inheritance filings, and chain-of-custody logs to show any possession of an assault weapon was brief, necessary, and fully exempt from prosecution.

Illegal Search and Seizure (Fourth Amendment)

Many cases crumbled because detectives overstepped. A knock-and-talk that morphs into a full entry without consent violates the Fourth Amendment. If the warrant relied on stale information or failed to specify the suspect's firearm, all evidence is tainted. Our motions highlight these defects, often persuading judges to suppress the rifle, magazines, and any incriminating statements, leaving the prosecutor with no case.

Legal Exemptions

California carves out narrow safe harbors for film-industry armorers, curio and relic collectors, and out-of-state competition shooters. Section 30900 allowed a one-year registration period for certain owners; those who timely registered remain free from prosecution. We compile registration confirmations, BATFE import permits, and studio work orders to prove your conduct fits within one of these legislated shields.

Related Offenses

Below are sister crimes that prosecutors often tack on to a violation of Penal Code 30365.

Manufacture of an Assault Weapon – PC 30600

Unlike 30605, the manufacture of assault weapons under Penal Code 30600 punishes creation, assembly, or even offering to build a prohibited firearm. This straight felony carries 4, 6, or 8 years in prison and up to $10,000 in fines. Defenses include showing the work was performed on a feature-compliant receiver or that the gunsmith held the proper federal SOT license.

Possession of Destructive Devices or Explosives – PC 18710

Section 18710 criminalizes having any destructive device, like pipe bombs, Molotov cocktails, military grenades, without a permit. The wobbler offense can mean one year in county jail or up to three years in state prison. We frequently challenge whether the seized item meets the technical definition or was inoperable, carving a path to reduction or dismissal.

Possession of Destructive Device Materials – PC 18720

Under Penal Code 18720, gathering powders, fuses, or containers “with intent” to build explosives is itself a felony, punishable by two, four, or six years. Proving “intent” is tough; we spotlight innocent uses (model-rocketry supplies, reloading components) and emphasize lack of tools or plans linking you to bomb-making.

Possession of a .50 BMG Rifle – PC 30610

California bans civilian possession of .50-caliber BMG rifles unless registered before 2006. PC 30610 violations are wobblers: up to one year in jail or three years in prison and weapon forfeiture. We verify serial numbers against DOJ databases; many seized rifles are actually .510 DTC or other calibers exempt from the ban, leading to charge withdrawals.

Speak to Our California Gun Crimes Attorney Today

Thirty thousand six hundred five prosecutions move fast. At arraignment, the judge may set felony bail at $50,000 or more, even for a first court date. The sooner our criminal defense attorney team steps in, the faster we can:

• Demand ballistics inspection to show the firearm in question is not an “assault weapon.”
• Argue for dismissal or reduction to an infraction and a $500 fine.
• File suppression motions when SWAT skipped the knock-and-announce.
• Negotiate diversion, pre-plea gun safety courses, or Section 1170(h) split sentences.

From Los Angeles to San Diego, we have defended many gun owners who had no idea an aftermarket grip had rendered their rifle an assault weapon. If you or a loved one is charged with possession of an “assault weapon in California, call our criminal defense law firm at (909) 340-2000 or send an encrypted message. We will review photos, receiver markings, and magazine locks to build a powerful defense. Remember, Penal Code 30605 PC is a wobbler, so our advocacy can be the difference between a brief scare and a felony record that follows you for life. Let’s protect your freedom, your firearms rights, and your future.