Possession of an Assault Weapon (Penal Code § 30605) in California

California’s assault weapon laws are among the strictest in the nation, with severe penalties for possession of firearms classified as “assault weapons.” Unlike some states that impose few restrictions on these weapons, California heavily regulates their possession, sale, and transfer. If you’re facing charges related to possession of an assault weapon under Penal Code § 30605, understanding the law and your defense options is crucial.

At David P. Shapiro Criminal Defense Attorneys, we’ve represented numerous clients facing weapons charges in San Diego and Chula Vista. This guide explains what constitutes an assault weapon in California, the potential penalties for possession, and how an experienced criminal defense attorney can help protect your rights.

What Is Considered an Assault Weapon in California?

California defines “assault weapons” in several ways under Penal Code § 30510 and § 30515. The definition includes:

1. Specifically listed firearms: Certain makes and models explicitly named in the statute (such as the Colt AR-15, AK series rifles, and others)
2. Category-based definition: Firearms with specific features, including:
   • Semi-automatic centerfire rifles with detachable magazines and any one of these features: pistol grip, thumbhole stock, folding/telescoping stock, grenade/flare launcher, or forward pistol grip
   • Semi-automatic pistols with detachable magazines and any one of certain features
   • Semi-automatic shotguns with specific features
3. “Bullet button” firearms: Following legislation in 2016, firearms with “bullet buttons” (devices allowing magazines to be detached using a tool) were added to the assault weapon definition

The complexity of these definitions means many gun owners may unknowingly possess firearms that qualify as assault weapons under California law.

What Penal Code § 30605 Prohibits

California Penal Code § 30605(a) states:

“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.”

This law makes it illegal to possess an assault weapon in California unless the weapon:

• Was lawfully registered during specific registration periods
• Is possessed in accordance with specific exemptions in the law
• Has been modified to no longer qualify as an assault weapon

Elements Prosecutors Must Prove

For a conviction under Penal Code § 30605, prosecutors must prove beyond a reasonable doubt:

1. You possessed a firearm
2. The firearm meets the legal definition of an assault weapon under California law
3. You knew you possessed the firearm (though prosecutors don’t need to prove you knew it was classified as an assault weapon)
4. None of the legal exemptions apply to your case

Penalties for Possession of an Assault Weapon

Violation of Penal Code § 30605 is a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony, depending on:

• The circumstances of the offense
• Your criminal history
• The prosecutor’s discretion
• The judge’s determination

Misdemeanor Penalties

If charged as a misdemeanor, penalties may include:

• Up to one year in county jail
• A fine of up to $1,000
• Probation with various conditions
• Forfeiture and destruction of the weapon

Felony Penalties

If charged as a felony, penalties can include:

• 16 months, 2 years, or 3 years in county jail, also known as “local prison” (under California’s realignment legislation)
• A fine of up to $10,000
• Formal probation
• Forfeiture and destruction of the weapon
• Loss of firearm rights (beyond the assault weapon itself)

First-Time Violation Exception

Penal Code § 30605(b) provides a limited exception for first-time offenders if:

1. You possessed no more than two firearms that would have qualified for registration
2. You lawfully possessed the firearms before they were classified as assault weapons
3. You have no prior convictions under the assault weapons laws
4. You were found in possession within one year after the registration period ended
5. You relinquish the firearms

If you meet all these conditions, the penalty may be reduced to a fine not exceeding $500.

Common Defenses to Assault Weapon Possession Charges

Several defense strategies may be effective when facing charges under PC § 30605:

Lack of Knowledge or Possession

To be guilty of this offense, you must knowingly possess the firearm. If you didn’t know the weapon was present or didn’t have control over the area where it was found, this may provide a defense.

The Firearm Doesn’t Meet the Legal Definition

California’s definition of assault weapons is technical and complex. Your attorney may argue that the firearm in question doesn’t actually meet the legal definition of an assault weapon.

Legal Exemptions Apply

California law provides several exemptions to the assault weapon ban, including:

• Weapons lawfully registered during specific registration periods
• Possession by certain law enforcement personnel
• Possession by military personnel for official duties
• Possession by licensed firearms dealers under certain conditions
• Possession of assault weapons by executors of estates under certain conditions

Your attorney may argue that one of these exemptions applies to your case.

Fourth Amendment Violations

If the weapon was discovered during an illegal search that violated your Fourth Amendment rights, your attorney might file a motion to suppress the evidence, potentially resulting in dismissal of the charges.

Momentary Possession

Similar to other weapons charges, California recognizes a limited defense of “momentary possession” if you:

1. Possessed the weapon only for a momentary or transitory period
2. Possessed it in order to abandon, dispose of, or destroy it
3. Had no intention of preventing law enforcement from seizing it

The Complexity of California’s Assault Weapon Laws

California’s assault weapon laws have evolved through a series of legislative actions and registration periods. This complex regulatory landscape creates several challenges:

1. Many gun owners don’t realize their firearms qualify as assault weapons under California law
2. Modifications intended to make firearms compliant may not meet legal requirements
3. Registration periods have opened and closed at various times, creating confusion
4. Weapons legally purchased in other states may be illegal when brought into California

This complexity means that many defendants charged under PC § 30605 had no intention of violating the law.

Why You Need an Experienced Defense Attorney

Assault weapon charges require specialized defense strategies because:

1. The technical definitions of assault weapons require expertise to navigate
2. The “wobbler” nature of the offense means skilled advocacy can potentially reduce felony charges to misdemeanors
3. Fourth Amendment issues are common in weapons cases and require constitutional expertise
4. The consequences of conviction include potential felony status and permanent loss of firearm rights
5. The complexity of exemptions and registration requirements creates potential defenses

How David P. Shapiro Criminal Defense Attorneys Can Help

Our experienced San Diego defense team brings specific advantages to your assault weapon case:

• Technical knowledge: We understand the intricate definitions and classifications of assault weapons under California law
• Search and seizure expertise: We identify and challenge Fourth Amendment violations in how evidence was obtained
• Strategic charge reduction: We work to have charges reduced from felonies to misdemeanors when possible
• Exemption analysis: We thoroughly review your situation to determine if legal exemptions apply
• Case dismissal strategies: When appropriate, we pursue motions to dismiss based on legal or factual deficiencies

We understand that many people charged under PC § 30605 are otherwise law-abiding gun owners who were confused by California’s complex regulations. Our approach focuses on protecting your rights and achieving the best possible outcome for your specific situation.

Navigating Changing Assault Weapon Laws

California’s assault weapon laws continue to evolve through legislation and court challenges. Recent legal developments include:

• Ongoing litigation challenging various aspects of California’s assault weapon ban
• Legislative changes that may expand or clarify the definition of assault weapons
• Potential new registration periods that may arise from legal challenges

Given this changing landscape, it’s essential to have counsel familiar with the latest developments in firearms law.

Contact a San Diego Assault Weapon Defense Attorney Today

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.