Assault Weapons Violations
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1. What is Assault Weapons Violations?
2. What are examples of Assault Weapons Violations?
Assault weapons violations under California Penal Code § 30600 and § 30605 aren’t always about “illegal” street activity. Many cases involve technicalities regarding firearm modifications or transport rules.
1. Possession of a “Non-Compliant” Rifle (PC 30605)
The most common violation occurs when a semi-automatic, centerfire rifle possesses even one “prohibited feature” without having a fixed magazine.
The Scenario: You own an AR-15 style rifle that you purchased legally years ago. However, it still has a standard pistol grip and a telescoping stock.
The Violation: Unless the rifle was registered as an assault weapon during specific state windows, possessing it in this “featured” configuration is a violation of PC 30605.
2. Illegal Importation (PC 30600)
California law strictly prohibits bringing assault weapons into the state, even if they were legally purchased and registered elsewhere.
The Scenario: An individual moves from Arizona or Texas to Los Angeles and brings their standard-issue semi-automatic rifle in their moving truck.
The Violation: Under PC 30600, “importing” an assault weapon into California is a straight felony. The fact that it was legal in the previous state is not a valid legal defense.
3. Possession of “Named” Assault Weapons
California maintains a list of specific firearm models that are banned by name (e.g., certain models of AK series, Uzi, or Colt AR-15).
The Violation: Regardless of the features attached to the gun, if the make and model are on the state’s prohibited list (Category 1 or Category 2), possession is illegal.
4. “SKS” Rifles with Detachable Magazines
While standard SKS rifles with fixed magazines are often legal, a specific technicality exists for this model.
The Violation: An SKS rifle that has been modified to accept a detachable magazine is classified as an assault weapon in California. Owners often make this modification for convenience, unaware it triggers a felony charge.
5. Large-Capacity Magazine Violations
While separate from the weapon itself, possessing a magazine capable of holding more than 10 rounds in conjunction with certain firearms can escalate charges.
The Violation: Using a magazine with a capacity of 11+ rounds in a rifle that would otherwise be “California compliant” can immediately reclassify the entire setup as an illegal assault weapon.
3. What are the penalties for Assault Weapons Violations?
The severity of the punishment depends largely on whether you are charged with possession or the more serious crime of manufacturing and distribution.
1. Possession of an Assault Weapon (PC 30605)
Possession is considered a “wobbler“ in California. This means the prosecutor has the discretion to charge it as either a misdemeanor or a felony, based on the circumstances of the case and your prior criminal record.
Misdemeanor Conviction:
Up to one year in county jail.
Fines of up to $1,000 (plus court assessments).
Felony Conviction:
A sentence of 16 months, 2 years, or 3 years in state prison (often served in county jail under realignment).
Significant fines and formal probation.
Infraction Option: In very limited cases (typically for first-time offenders with no more than two firearms), an experienced attorney may be able to negotiate the charge down to an infraction, which carries only a fine of up to $500.
2. Manufacturing, Distribution, or Importation (PC 30600)
This is a straight felony and is treated much more harshly by the courts because it involves putting “illegal” weapons into the community.
Imprisonment: A conviction carries a mandatory prison sentence of 4, 6, or 8 years.
Enhancements: If you are found to have transferred or sold an assault weapon to a minor, you face an additional one-year consecutive sentence added to your base term.
3. Assault with an Assault Weapon (PC 245(a)(3))
If an assault weapon is used to commit an assault against another person, the penalties escalate drastically.
State Prison: A conviction carries a sentence of 4, 8, or 12 years.
Assault on Peace Officers: If the victim is a peace officer or firefighter, the sentence increases to 6, 9, or 12 years.
4. What are legal defenses for Assault Weapons Violations?
A successful defense often hinges on whether the firearm actually meets the legal definition of an “assault weapon” or whether the police followed proper procedure during the investigation.
1. The Firearm is Not a Legal “Assault Weapon”
The most effective defense is often a technical one. California defines assault weapons by specific “prohibited features.” If your firearm has been modified to be “featureless,” the charges may not stick.
The Defense: We work with ballistics and firearm experts to prove the weapon lacks the characteristics defined in PC 30515. For example, if a rifle has a “fixed magazine” that requires disassembly of the action to remove, it may not legally be an assault weapon, regardless of its other features.
2. Lack of Knowledge (Scienter)
To convict you, the prosecution must prove that you knew—or reasonably should have known—that the firearm possessed the characteristics that make it an assault weapon.
The Defense: If you purchased a firearm believing it was California-compliant (perhaps because it was sold to you by a dealer or modified by a professional), you may lack the “criminal intent” or knowledge required for a conviction.
3. Fourth Amendment Violations (Illegal Search and Seizure)
Many firearm charges arise from traffic stops or home visits where police discover a weapon. If the police did not have a valid warrant, probable cause, or a legal reason to conduct the search, the evidence against you may be suppressed.
The Defense: If the search was illegal, the “fruit of the poisonous tree” doctrine applies—meaning the gun cannot be used as evidence against you. Without the weapon, the prosecution’s case typically collapses.
4. Transitory or “Momentary” Possession
California law recognizes that someone might briefly handle a prohibited item without the intent to “possess” it in a criminal sense.
The Defense: If you only took possession of the weapon for a brief moment—for example, to dispose of it, turn it over to law enforcement, or prevent someone else from using it—this may serve as a valid defense.
5. Exemptions for Law Enforcement or Military
Certain individuals are legally allowed to possess assault weapons due to their professional duties.
The Defense: If you are a peace officer, a member of the military, or a licensed firearms dealer acting within the scope of your duties, you may be exempt from prosecution under specific sections of the Penal Code.
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5. What are related offenses to Assault Weapons Violations?
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