Penal Code § 30605 PC – Possession of an Assault Weapon in California

California Penal Code § 30605 prohibits the possession of assault weapons. Prosecutors have the discretion to charge this as either a misdemeanor or a felony. A conviction is punishable by up to 3 years in jail or prison.

(It remains to be seen whether PC 30605 will be affected after the state appeals a lower-court’s order claiming the law violates the Second Amendment.)¹

The full language of the code section states that:

30605. (a) Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

(b) Notwithstanding subdivision (a), a first violation of these provisions is punishable by a fine not exceeding five hundred dollars ($500) if the person was found in possession of no more than two firearms in compliance with Section 30945 and the person meets all of the following conditions:

(1) The person proves that he or she lawfully possessed the assault weapon prior to the date it was defined as an assault weapon.

(2) The person has not previously been convicted of a violation of this article.

(3) The person was found to be in possession of the assault weapon within one year following the end of the one-year registration period established pursuant to Section 30900.

(4) The person relinquished the firearm pursuant to Section 31100, in which case the assault weapon shall be destroyed pursuant to Sections 18000 and 18005.

Note that this section is just one of California’s laws on assault weapons. Another is Penal Code 30600 PC, which applies to the sale or manufacture of assault weapons and .50 BMG rifles.

Examples

• Mark carries an assault weapon in a backpack while going on a hike.
• Juanita stores her boyfriend’s assault weapons in her apartment.
• Jose puts a few of his assault weapons in his car before driving to a friend’s house.

Defenses

Luckily, there are several legal defenses that you can raise if accused under Penal Code 30605. These include showing that you:

• are exempted from prosecution,
• did not “possess” a weapon, and/or
• were arrested after an unlawful search and seizure.

Penalties

A violation of Penal Code 30605 is a wobbler offense in California. This means it can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, the crime is punishable by:

• imprisonment in a county jail for up to one year, and/or
• a fine of up to $1,000.

If charged as a felony, the offense is punishable by imprisonment in the county jail for up to three years.

Note that in limited circumstances, a PC 30605 violation can be charged as an infraction with a penalty of a $500 fine.

Our California criminal defense attorneys will discuss the following in this article:

• 1. Is it illegal to possess an assault weapon in California?
• 2. Are there legal defenses?
  • 2.1 Exempt from prosecution
  • 2.2 No possession
  • 2.3 Unlawful search and seizure
• 3. What are the penalties for Penal Code 30605 PC?
• 4. Are there related offenses?
  • 4.1. Manufacture of an assault weapon – PC 30600
  • 4.2. Possession of destructive devices or explosives – PC 18710
  • 4.3. Possession of destructive device materials – PC 18720
  • 4.4 Possession of a .50 BMG rifle – PC 30610
• Additional reading

1. Is it illegal to possess an assault weapon in California?

Penal Code 30605 PC is the California statute that makes it a crime to possess any assault weapon.

California law defines “possession” as having control of an item. There are two types of possession under California criminal law. These are:

1. actual possession, and
2. constructive possession.²

“Actual possession” means that you have direct, physical control over a weapon (such as it on your body or in a bag you are carrying).

“Constructive possession” means that you have access to the weapon or the right to control it (such as having it is in your car or home).

Note that Penal Code 30515 PC lists many different types of types of rifles, pistols, and shotguns that are all classified as “assault weapons.” Some examples include:

• a semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds,
• a semiautomatic, centerfire rifle that has an overall length of less than 30 inches, and
• any shotgun with a revolving cylinder.³

2. Are there legal defenses?

You can try to challenge a PC 30605 accusation by raising a legal defense. A good defense may work to reduce or even dismiss a charge.

Three common defenses include:

1. you were exempt from prosecution,
2. you had no possession of the weapon, and/or
3. the police conducted an unlawful search and seizure.

2.1. Exempt from prosecution

You are free from being prosecuted under PC 30605 if

• you hold a valid permit to possess an assault weapon specifically (as opposed to a concealed firearms permit, which does not cover assault weapons), and
• you are the executor or administrator of an estate that lawfully holds such firearms.

It is a valid defense, therefore, to show that you fall into such a category and are thereby free from being charged.

2.2. No possession

You must actually “possess” an assault weapon in order to be charged with a crime, meaning you must have control over it. This means you can raise a legal defense by showing that you had no control over the weapon (for example, that it was in a neighbor’s home to which you had no access).

2.3. Unlawful search and seizure

The Fourth Amendment to the U.S. Constitution declares that we have the right to be free from unreasonable “searches and seizures” by law enforcement. If authorities obtain evidence from an unreasonable, or unlawful search and seizure, then that evidence can get excluded from a criminal case. This means that any charges in the case could get reduced or even dismissed.

3. What are the penalties for Penal Code 30605 PC?

A violation of Penal Code 30605 is a wobbler offense in California. This means it can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, the crime is punishable by:

• imprisonment in a county jail for up to one year, and/or
• a fine of up to $1,000.⁴

If charged as a felony, the offense is punishable by imprisonment in the county jail for up to:

• 16 months,
• two years, or
• three years.⁵

Note that in limited circumstances, a PC 30605 violation can be charged as an infraction with a penalty of a $500 fine.⁶

4. Are there related offenses?

There are three laws related to the possession of an assault weapon. These are:

1. manufacture of an assault weapon – PC 30600,
2. possession of destructive devices or explosives – PC 18710, and
3. possession of destructive device materials – PC 18720.

4.1. Manufacture of an assault weapon – PC 30600

Penal Code 30600 is the California statute that makes it a crime to manufacture an assault weapon.

PC 30600 prohibits:

• manufacturing,
• selling,
• giving away,
• lending, and/or
• possessing

assault weapons and BMG rifles, except in very specific circumstances.⁷

Charges under Penal Code 30600 vary from serious felonies charges to minor infractions, depending on the facts of a case. Further, the penalties for these offenses can include:

• imprisonment for several years, and
• substantial fines.

4.2. Possession of destructive devices or explosives – PC 18710

Penal Code 18710 PC makes it a crime to possess a destructive device.⁸

Destructive devices include things like:

• bombs,
• grenades,
• explosive missiles,
• projectiles containing any kind of explosive or incendiary material, and
• certain rockets and rocket-propelled projectiles.⁹

Penal Code 18710 PC is a “wobbler” offense, meaning it can be prosecuted as either a misdemeanor or a felony.

Misdemeanor penalties can include:

• up to one year in county jail, and/or
• a fine of up to $1,000.¹⁰

If the crime is prosecuted as a felony, you face up to three years in California state prison.¹¹

4.3. Possession of destructive device materials – PC 18720

Possessing the materials necessary to make a destructive device is a serious California crime under Penal Code 18720 PC.¹²

A violation of PC 18720 is charged as a felony. The crime is punishable by:

• two, three, or four years served in county jail, and/or
• a fine of up to $10,000.¹³

4.4 Possession of a .50 BMG rifle – PC 30610

Penal Code 30610 PC is the California statute that makes it a crime to possess any .50 BMG rifle (or, fifty-caliber Browning Machine Gun).

A violation of PC 30610 is charged as a misdemeanor in California. The crime is punishable by:

• imprisonment in a county jail for up to one year, and/or
• a fine of up to $1,000.¹⁴

Please note that in lieu of jail time, a judge may award you with misdemeanor (or summary) probation.

Also note that in limited circumstances, a PC 30610 violation can be charged as an infraction with a penalty of a $500 fine.¹⁵

Additional reading

For more in-depth information, refer to these scholarly articles:

• Rational Basis Analysis of Assault Weapon Prohibition – Journal of Contemporary Law.
• How Can You Ban What Doesn’t Exist? Redefining the “Assault Weapon” – Drexel Law Review.
• Assault on the Constitution: Why the Southern District of California Got it Right – Georgia State University Law Review.
• Assault Weapon Myths – Illinois University Law Journal.
• What Is an Assault Weapon? Definitions, Attributes, and Implications regarding Legislation – Gonzaga Law Review.

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