Penal Code § 30605 PC - Assault Weapon Possession
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1. What is Penal Code § 30605 PC?
Penal Code § 30605 PC Law Reads As Followed:
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.
2. What Are Examples of Penal Code § 30605 PC?
In California, a firearm is not classified as an “assault weapon” based solely on its appearance or common terminology. Under Penal Code § 30515 PC, the law utilizes specific mechanical features and statutory lists to determine if a weapon is illegal to possess.
At Grace Legal Group, we represent clients charged under this statute in various scenarios. Understanding exactly what the state defines as an assault weapon is a critical step in building an effective legal defense.
1. Weapons Classified by Name (The “List”)
California law (specifically Penal Code § 30510) maintains a list of specific firearm models that are automatically classified as assault weapons regardless of their features. Possession of any of these without a specific Department of Justice (DOJ) permit can result in PC 30605 charges.
Common examples include:
AK Series: All models including the AK-47, AKM, and AKS.
Colt AR-15 Series: Including all “Sporter” models.
UZI and Galil: All makes and models within these families.
Bushmaster Assault Rifle: Original specific models.
TEC-9: Specifically the Intratec models.
2. Semiautomatic Rifles with “Restricted” Features
The majority of PC 30605 cases involve modern sporting rifles that have been modified or purchased with specific features. A centerfire, semiautomatic rifle is considered an illegal assault weapon if it has a detachable magazine and at least one of the following “restricted” characteristics:
Pistol Grips: A grip that protrudes conspicuously beneath the action of the weapon.
Flash Suppressors: Any device intended to reduce or redirect muzzle flash. (Note: The distinction between a flash suppressor and a muzzle brake is a frequent point of legal litigation).
Folding or Telescoping Stocks: Any stock that allows the weapon to be significantly shortened.
Forward Pistol Grips: An additional vertical grip located in front of the trigger area.
3. High-Capacity Fixed Magazines
A rifle does not require a detachable magazine to be deemed illegal. If a semiautomatic, centerfire rifle has a fixed magazine (one that cannot be removed without disassembling the firearm action) that has the capacity to hold more than 10 rounds, it is classified as an assault weapon.
Example: A firearm owner might “pin” a magazine to the frame to comply with certain regulations, but if that magazine still holds 15 rounds, the rifle remains an illegal assault weapon under California law.
4. Shotguns and Pistols
Assault weapon charges also extend to specific configurations of handguns and shotguns:
Revolving Cylinder Shotguns: Any shotgun where the ammunition is held in a rotating cylinder.
Semiautomatic Shotguns: These are restricted if they feature both a folding stock and a pistol grip, or if they utilize a detachable magazine.
Semiautomatic Pistols: These are classified as assault weapons if the magazine attaches anywhere outside of the pistol grip, or if the barrel is threaded and capable of accepting a flash suppressor or silencer.
5. Common Real-World Scenarios
Charges under PC 30605 often arise from circumstances where the owner did not realize they were in violation of the law. Common scenarios include:
Inheritance: A person inherits a collection containing an unregistered AR-15 or AK-47 purchased decades ago that does not meet modern compliance standards.
Cross-Border Purchases: A California resident purchases a firearm in a neighboring state (such as Nevada or Arizona) that is legal in that jurisdiction but lacks the “featureless” modifications required in California.
Outdated Compliance Methods: An owner possesses a rifle with a “bullet button.” Since statutory changes in 2017, bullet-button firearms are generally treated as having detachable magazines and must be registered or modified to remain legal.
3. What are Common Defenses Against Penal Code § 30605 PC?
Facing a charge for possession of an assault weapon in California is a serious matter that can impact your freedom and your future right to own firearms. However, Penal Code § 30605 PC is a technical statute, and there are several legal strategies available to challenge the prosecution’s case.
At Grace Legal Group, we specialize in identifying the technicalities and procedural errors that can lead to reduced charges or a total dismissal. Below are the most common and effective defenses against PC 30605.
1. Lack of Knowledge (The “Scienter” Defense)
To convict you, the prosecutor must prove that you knew—or should have known—that the firearm had the characteristics of an assault weapon. This is often the strongest defense in firearm cases.
Inherited Firearms: If you inherited a locked safe or a collection from a relative and were unaware of the specific features of the rifles inside, you may lack the required “criminal negligence” or knowledge.
Belief in Compliance: If you purchased a firearm from a dealer or a third party with the honest and reasonable belief that it was “California-compliant” (e.g., believing it was a featureless build), your attorney can argue you lacked the intent to possess an illegal weapon.
2. The Weapon Does Not Meet the Legal Definition
California’s definition of an “assault weapon” is based on highly specific mechanical features. If the firearm does not perfectly match the criteria laid out in Penal Code § 30515, the charges cannot stand.
Featureless Builds: We work with firearms experts to demonstrate that a grip is not a “pistol grip” or that a muzzle device is a “compensator” rather than a prohibited “flash suppressor.”
Fixed Magazine Compliance: If the rifle utilizes a fixed magazine that requires the disassembly of the action to remove, and it holds 10 rounds or fewer, it may not be an assault weapon under the law.
Permanent Inoperability: If the firearm has been rendered permanently inoperable, it may no longer be classified as a prohibited weapon.
3. Fourth Amendment Violations (Illegal Search and Seizure)
Many PC 30605 charges stem from traffic stops or home searches. If the police violated your constitutional rights to find the weapon, the evidence against you may be suppressed (thrown out).
No Probable Cause: If the police pulled you over without a valid legal reason and then searched your trunk where the weapon was located, the search may be ruled illegal.
Invalid Search Warrants: If the police searched your home with a warrant that was based on false information or lacked specificity, we can file a Motion to Suppress Evidence under PC 1538.5. If the weapon is suppressed, the prosecution usually has no choice but to dismiss the case.
4. Lack of Possession
The prosecution must prove you had “actual” or “constructive” possession of the weapon. We can challenge this by showing:
No Control: The weapon belonged to a roommate, houseguest, or family member, and you did not have the right to control it or access it.
Transitory Possession: You only possessed the weapon for a brief moment for a legal purpose, such as to dispose of it or turn it over to law enforcement.
5. Lawful Exemptions
Certain individuals are legally allowed to possess assault weapons in California. You may have a complete defense if:
You are an active-duty member of the military or law enforcement using the weapon for official duties.
You possess a valid, current Assault Weapon Permit issued by the California Department of Justice.
You are the executor or administrator of an estate that lawfully contains such firearms and you are in the process of legal disposal.
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4. What are The Penalties for Violating Penal Code § 30605 PC?
In California, the consequences of possessing an assault weapon are severe and can have a lasting impact on your life, your career, and your civil rights. Penal Code § 30605 PC is classified as a “wobbler” under California law. This means that the prosecutor has the power to charge the offense as either a misdemeanor or a felony, depending on the circumstances of the case and your criminal history.
At Grace Legal Group, we represent clients facing these life-altering charges. Understanding the potential sentencing ranges is the first step in recognizing the importance of a strong legal defense.
1. Misdemeanor Penalties
If the prosecution determines that the offense is less severe—often the case for individuals with no prior criminal record or those possessing a single non-compliant firearm—they may charge it as a misdemeanor.
The penalties for a misdemeanor conviction under PC 30605 include:
Jail Time: Up to one year in a California county jail.
Fines: A maximum fine of $1,000.
Probation: The court may sentence you to “informal” or summary probation.
Weapon Forfeiture: The firearm in question will be seized and destroyed by law enforcement.
2. Felony Penalties
If you have a prior criminal history, or if the circumstances of the arrest involve other aggravating factors, the District Attorney may choose to file felony charges. A felony conviction is significantly more damaging.
The penalties for a felony conviction under PC 30605 include:
Incarceration: A sentence of 16 months, 2 years, or 3 years in county jail (under California’s realignment program).
Fines: A maximum fine of up to $10,000.
Formal Probation: This involves regular check-ins with a probation officer and strict travel and conduct restrictions.
3. The Infraction Exception
In very narrow and specific circumstances, a violation of PC 30605 can be treated as an infraction rather than a criminal conviction. This typically applies only if:
It is your first violation of this specific law.
You possessed no more than two assault weapons.
You meet specific historical registration requirements or agree to relinquish the weapons to law enforcement for destruction.
An infraction carries a maximum fine of $500 and does not result in a criminal record or jail time.
4. Collateral Consequences
Beyond jail time and fines, a conviction for assault weapon possession carries “collateral” consequences that can follow you for decades:
Lifetime Firearm Ban: A felony conviction results in a lifetime prohibition from owning or possessing any firearm under both California and federal law. Even some misdemeanor convictions can lead to a 10-year ban.
Immigration Issues: For non-citizens, firearm-related offenses are considered “deportable offenses.” A conviction could lead to deportation, denial of naturalization, or exclusion from re-entry into the United States.
Professional Licensing: Professionals such as doctors, nurses, teachers, and lawyers may face disciplinary action or the revocation of their professional licenses following a felony conviction.
Loss of Civil Rights: A felony conviction results in the loss of the right to vote while incarcerated and the right to serve on a jury.
5. Factors That Influence Sentencing
When deciding whether to charge a PC 30605 violation as a misdemeanor or a felony, or when determining a sentence, judges and prosecutors consider several factors:
The nature of the weapon: Was it a “listed” weapon or one with technical feature violations?
Intent: Was the weapon being used for a secondary crime, or was it simply stored in a home?
Cooperation: How the defendant interacted with law enforcement during the investigation.
Prior Record: Whether the defendant has past firearm or violent crime convictions.
5. What Are the Related Offenses To Penal Code § 30605 PC?
When a person is investigated for possession of an assault weapon, they often face additional or alternative charges under related sections of the California Penal Code. Because California’s firearm and weapons laws are interconnected, a single incident can lead to multiple counts.
At Grace Legal Group, we provide a comprehensive defense that accounts for all potential charges. Understanding these related offenses is vital for anyone facing a weapons-related investigation in Los Angeles.
1. Manufacture, Sale, or Import of Assault Weapons (PC 30600)
While PC 30605 targets the “mere possession” of an assault weapon, Penal Code § 30600 PC is a significantly more severe charge. It prohibits the manufacturing, distribution, transportation, importation, or sale of assault weapons or .50 BMG rifles.
Key Distinction: Unlike PC 30605, PC 30600 is a “straight felony,” meaning it cannot be reduced to a misdemeanor.
Penalties: A conviction carries a state prison sentence of four, six, or eight years. Simply transporting a legally purchased out-of-state rifle across the California border can trigger this charge.
2. Possession of a .50 BMG Rifle (PC 30610)
A .50 BMG (Browning Machine Gun) rifle is a high-powered firearm that California classifies similarly to assault weapons. Penal Code § 30610 PC specifically prohibits their possession.
Penalties: This is generally prosecuted as a misdemeanor, punishable by up to one year in county jail and a $1,000 fine.
Safe Harbor: Similar to PC 30605, this law contains a narrow infraction exception for first-time offenders who meet specific historical registration and relinquishment criteria.
3. Possession of Large-Capacity Magazines (PC 32310)
In California, it is generally illegal to possess, manufacture, or import “large-capacity magazines,” defined as any ammunition-feeding device capable of holding more than 10 rounds.
Connection to PC 30605: Since many assault weapon definitions depend on the use of a magazine with a capacity of more than 10 rounds, these two charges are frequently filed concurrently.
Penalties: Possession of a large-capacity magazine is a “wobblette,” which can be charged as either an infraction (fine only) or a misdemeanor (up to one year in jail).
4. Possession of Destructive Devices (PC 18710)
California law also strictly regulates “destructive devices,” which include items such as grenades, bombs, tracer ammunition, and certain projectiles. Penal Code § 18710 PC prohibits the unauthorized possession of these items.
Penalties: This is a wobbler offense. A misdemeanor conviction carries up to one year in jail, while a felony conviction can result in up to three years in state prison.
Possession of Materials (PC 18720): Simply possessing the materials with the intent to create a destructive device is a straight felony carrying a sentence of two, three, or four years.
5. Possession of a Generally Prohibited Weapon (PC 16590)
This “umbrella” statute covers a wide variety of weapons that are illegal to possess in California. These include:
Short-barreled shotguns or rifles.
Metal knuckles or “brass knuckles.”
Nunchakus.
Concealed dirks or daggers.
If a search reveals an assault weapon alongside any of these items, the defendant will likely face multiple counts under both PC 30605 and PC 16590.
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