Facing a charge for possession of an assault weapon California under Penal Code § 30605 can be intimidating. The laws are complex, enforcement is serious, and penalties are steep. Those accused need to understand what the law prohibits, what penalties they may face, and what defenses might apply. David P. Shapiro Criminal Defense Attorneys help clients in California navigate these charges with knowledge, strategy, and strong legal advocacy.
What Is Penal Code § 30605?
California Penal Code § 30605 makes it unlawful for any person in the state to possess an assault weapon, except under limited circumstances and exemptions.
Some key points:
- It’s not required that the weapon be brandished or used in a crime — mere possession is enough.
- The definition of “assault weapon” is broad. It includes firearms explicitly listed by model under PC § 30510, and firearms defined by their features under PC § 30515.
- Exemptions exist — for example, for individuals who lawfully possessed a weapon before it was classified as an assault weapon, if they meet certain conditions like registering it.
Penalties Under Section 30605: What to Expect
Possessing an assault weapon under § 30605 is a wobbler offense. That means the prosecutor has discretion to charge it either as a misdemeanor or as a felony, depending on the facts, the defendant’s record, and other legal considerations.
Here are the typical penalties:
| Charge Type | Penalties |
| Misdemeanor | Up to 1 year in county jail; fines; possible probation; forfeiture of the weapon. |
| Felony | If charged as a felony, possible imprisonment for 16 months, 2 years, or 3 years under realignment statutes; higher fines; long-term consequences. |
| First‑time Exception | Under certain conditions (possession of no more than two firearms, lawfully obtained before classification, early registration, and relinquishment) the penalty may be reduced to a fine not exceeding $500 without jail time. |
What Prosecutors Must Prove
To convict someone under § 30605, the state must prove beyond a reasonable doubt:
- The defendant had either actual or constructive possession of an assault weapon. (Constructive possession might mean the firearm was in a place the person had control over even if not on their person.)
- The firearm meets the legal definition of an “assault weapon” under the relevant statutes (PC § 30510, § 30515) or model‑listed firearms.
- The defendant did not qualify for an exemption under the law. Exemptions might include pre‑existing lawful possession, registration requirements fulfilled, or surrender of the weapon.
Defenses and Mitigating Factors
Even if someone is charged, that doesn’t mean conviction is inevitable. Some common legal defenses include:
- Lack of knowledge or control: Perhaps the weapon was in a car or property accessible to multiple people, and the defendant didn’t know about it. Constructive possession can be challenged.
- Weapon doesn’t meet the legal definition: Firearm may be misclassified, or have features that don’t actually qualify under the statute. Inspection, expert testimony may show non‑compliance.
- Exemptions: If the defendant can prove they lawfully possessed the weapon before it was classified as an assault weapon or meet registration/surrender requirements under the statute.
- Illegal search & seizure: If law enforcement obtained the weapon through unconstitutional means (no warrant, no probable cause, other procedural errors), evidence may be suppressed.
What Could Affect Whether It’s Charged as a Misdemeanor or Felony
Which charge is filed depends on several factors, including:
- The defendant’s criminal history — prior convictions or weapons offenses increase the chances of felony charges.
- Number of weapons possessed, or severity of the violation. Having multiple assault weapons or violating other related laws can increase exposure.
- Whether the defendant meets the first‑time offender exception under § 30605(b) (conditions like early registration, surrendering weapons, etc.). If yes, prosecutor might seek the reduced penalty of a fine.
- Circumstances of possession — were the weapons hidden, for sale, used in another crime, transported across jurisdictions? These aggravating details often push toward felony.
Consequences Beyond Jail Time
Even a misdemeanor conviction remains serious. Some long‑term consequences may include:
- Permanent criminal record
- Loss of firearm rights — after conviction, owning or possessing firearms may be prohibited
- High fines and court costs
- Potential civil consequences including restraining orders, and if applicable, eviction or employment restrictions
- Impact on immigration status, licensing, or other collateral consequences for certain people
Recent Changes & Practical Considerations
California’s assault weapon laws are frequently updated, challenged, and in legal flux. Some court rulings have questioned aspects of the state’s definitions. Staying current is essential.
Moreover, some people charged under PC 30605 may not realize a weapon they own qualifies as an assault weapon. Features, modifications, etc., can trigger the definition unexpectedly. That makes early advice and expert evaluation very important.
What to Do If You’re Charged
If someone has been charged with possession of assault weapon California under PC § 30605, here’s what should be done:
- Do not speak to law enforcement without legal representation — anything said may be used against you.
- Secure a criminal defense attorney experienced with gun and weapon laws — someone who knows the technical definitions, exemptions, registration deadlines, and how local prosecutors work.
- Gather all documentation: purchase history, registration documents, photographs, serial numbers, any evidence regarding when it was acquired, whether it was lawfully purchased prior to classification.
- Consider whether the first‑time offender exception applies — if yes, attorney can push for reduced penalties.
- Review whether defenses exist — knowledge, access (actual vs constructive possession), illegal search, etc.
Key Takeaways
- Possession of an assault weapon California under PC § 30605 is serious and can be charged as either a misdemeanor or a felony.
- Penalties range from fines, up to 1 year in county jail (for misdemeanors), to 16 months / 2 / 3 years (for felonies), depending on the case.
- First‑offender exceptions may reduce penalties, but those apply only under narrow, strict conditions.
- Defenses are possible — misclassification, lack of knowledge or possession, exemptions, and procedural issues may all be relevant.
- Experienced legal representation is crucial.
To learn more about how these charges may apply in your case — including what penalties you might face and what defenses are available — see the page on possession of assault weapon California from David P. Shapiro Criminal Defense Attorneys. Having the right information early can make a big difference in the outcome.