CA Penal Code 30605 PC - Possession of an Assault Weapon
California Penal Code Section 30605 defines the crime of possessing an assault weapon. Understanding its seriousness helps gun owners and legal professionals feel assured that they are informed about potential consequences.
Although the term "assault weapon" has acquired different connotations in political and pop culture contexts, it has a precise definition in the Penal Code that may surprise some gun owners who believe their firearms are legal.
PC 30605 is a possessory offense, meaning the defendant can be guilty even if they do not own the firearm but have it under their control or in their immediate vicinity, which is a common point of confusion among gun owners and legal professionals alike.
Generally, establishing dominion and control involves proving that the defendant possessed the firearm in a location under their control and within their immediate access. It's important to recognize that PC 30605 is only one of California's laws related to assault weapons.
Penal Code 30600 covers the sale and manufacture of assault weapons and .50 BMG rifles. PC 30605 is another example of a California "wobbler" crime, which can be charged as either a misdemeanor or a felony.
California Penal Code 16520 PC defines the term firearm under California law.
Defining What It Means to Possess an Assault Weapon
California Penal Code 30605 specifies the conditions for possessing an assault weapon: "Anyone within this state, possesses an assault weapon, except as provided in this chapter, will be punished by imprisonment for up to one year in a county jail, or by imprisonment pursuant to subdivision (h) of Section 1170."
Under California law, Penal Code Section 30515 defines an assault weapon as either a firearm among specific models from certain manufacturers or one with particular features.
Recognizing these details can help gun owners feel more confident in understanding what qualifies as an assault weapon.
What are the Common Firearms?
Some of the most common firearms considered assault weapons under the Penal Code include:
- Semiautomatic centerfire rifles with fixed magazines holding over 10 rounds,
- Semiautomatic centerfire rifles shorter than 30 inches, and
- Semiautomatic centerfire rifles without fixed magazines that feature additional characteristics or modifications, regardless of whether they were bought from a dealer or altered with aftermarket parts.
These additional modifications include a pistol grip, a thumbhole stock, a folding or telescoping stock, a grenade launcher, a forward pistol grip, and other features.
It is not uncommon for someone charged with possession of an assault weapon under Penal Code Section 30605 to be unaware that an aftermarket modification made their rifle an assault weapon under California law.
These items are commonly available in online stores and can be shipped to California. It is then up to gun owners to navigate the very restrictive and confusing legal standards for specific modifications.
What Does the Prosecutor Need to Prove?
To convict someone of Penal Code 30605 for possessing an assault weapon, the prosecutor must prove beyond a reasonable doubt that all the elements of the crime are satisfied.
This clarity can help defendants and legal professionals feel more prepared for legal proceedings.
- You possessed, manufactured, distributed, transported, imported, offered or exposed for sale, gave, or loaned an assault weapon or a .50 BMG rifle.
- You knew that you performed one of these acts
- You knew or should have reasonably been aware that the weapon possessed features of an assault weapon or a .50 BMG rifle.
For more details, refer to CALCRIM 2560, the criminal jury instruction regarding possession of an assault weapon or a .50 BMG rifle.
Penalties for Possessing an Assault Weapon
A violation of Penal Code Section 30605 is considered a "wobbler" under California law, meaning it may be prosecuted as either a felony or a misdemeanor. Additionally, if the defendant is convicted of a felony, the conviction may later be downgraded to a misdemeanor.
If the defendant faces a misdemeanor charge for possessing an assault weapon, the penalties include:
- The maximum penalty is one year in county jail.
- A fine of up to $1,000, or imprisonment, or both.
If a felony-level charge is brought under Section 30605, the penalties may include:
- Punishment ranges from 16 months to three years in California state prison.
- A fine of up to $10,000, or both a fine and imprisonment.
However, it is important to note that California Penal Code 30605 includes infraction charges. For instance, this might apply if it were your first conviction, you possessed no more than two weapons, and other specific criteria were met.
Related California offenses for Penal Code 30605 include Penal Code 30600, which involves manufacturing an assault weapon, and Penal Code 30610, concerning possession of a .50 BMG rifle.
California Penal Code 417.4 is a serious felony offense that makes it illegal to draw or display a firearm in a threatening manner in the presence of a peace officer with the intent to resist or prevent arrest or detention.
California Penal Code 29810 PC requires certain individuals who are prohibited from possessing firearms to relinquish, surrender, sell, or transfer their firearms in compliance with the law.
What Legal Defenses are Available?
Defenses to possessing an assault weapon include unintentional or temporary possession. For example, if the defendant had an assault weapon in a location they controlled but did not know it was there, or if it was handed to them temporarily without their knowledge, these situations may serve as valid defenses under PC 30605.
Similarly, suppose the defendant discovers someone has handed them an assault weapon and temporarily keeps it before surrendering it to law enforcement.
In that case, they should not be prosecuted under Penal Code Section 30605. In both situations, the defendant's actions do not warrant criminal charges according to this section.
If you or a family member has been arrested, charged, or investigated for PC 30605 possession of an assault weapon, reach out to our experienced California criminal defense attorneys for an initial consultation.
We have handled assault weapon possession cases at both the prefiling and court stages. In some instances, prefiling intervention can persuade the prosecutor to drop or lower charges before the initial court appearance.