WEAPONS LAW — CALIFORNIA
Assault Weapon Possession in California — PC §30605
Possessing an assault weapon as defined under California law is a felony under PC §30605 carrying 16 months to 3 years in prison. California has the most restrictive assault weapon laws in the nation.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney
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Assault Weapon Possession California — At a Glance
- Law / Code
- PC §30605 / PC §30510 / PC §30515
- Classification
- Felony
- Maximum Penalty
- 16 months, 2, or 3 years state prison
- Probation Eligible
- Yes in some cases
- Strike Offense
- No
What Is Assault Weapon Possession California Under California Law?
Legal Framework. California Penal Code section 30605, subdivision (a), generally makes it a crime to possess an assault weapon unless an exception applies. The prosecution must prove that the accused knowingly possessed a firearm and that the firearm met California’s statutory definition of an “assault weapon.” Actual possession means physical custody; constructive possession can mean the right to control the firearm, alone or jointly with another person. The classification question is central. Penal Code section 30510 lists specified makes and models, while Penal Code section 30515 defines other assault weapons by prohibited features, including certain semiautomatic rifles, pistols, and shotguns. Possession is not limited to a gun carried in public; a weapon recovered from a residence, vehicle, storage location, or shared premises may prompt a charge if the state can prove knowledge and control.
The Prosecution's Burden. A violation of Penal Code section 30605, subdivision (a), is a wobbler: it may be prosecuted as a misdemeanor or felony. As a felony, it carries 16 months, two years, or three years in county jail under Penal Code section 1170, subdivision (h), unless another sentencing rule applies; as a misdemeanor, it may carry up to one year in county jail. The statute also has a narrow lesser-offense provision for a person who possessed no more than two assault weapons, was otherwise in lawful possession, and was not prohibited from possessing firearms: under Penal Code section 30605, subdivision (b), the offense is punishable as an infraction by a fine of up to $500 if the person relinquishes the weapon pursuant to Penal Code section 29810 or disposes of it under Penal Code section 31100. That provision is fact-specific and does not broadly legalize possession.
Potential Consequences. Assault-weapon allegations often overlap with other firearms offenses, but the legal questions differ. An unregistered handgun is not automatically an assault weapon; likewise, a rifle is not an assault weapon merely because it is semiautomatic. Prosecutors and law-enforcement agencies commonly rely on a named-model theory under Penal Code section 30510 or a features-based theory under Penal Code section 30515. A features case may turn on the firearm’s configuration when seized, whether it had a fixed magazine as California law defines that term, and whether an alleged feature actually falls within the statute. Related counts can include possession by a prohibited person under Penal Code section 29800 or 29805, possession of a short-barreled rifle under Penal Code section 33215, or unlawful transfer allegations. Each count requires separate proof and should not be treated as interchangeable.
05 — Defense Strategies
How Rubin Law Defends Assault Weapon Possession California Charges
Rubin Law, P.C. attacks the elements of PC §30605 / PC §30510 / PC §30515 and drives outcomes that avoid conviction where possible.
Challenge the statutory classification
The government must establish that the particular firearm is an assault weapon under Penal Code section 30510 or section 30515, not simply that it resembles one. In a named-model case, markings, manufacturer identity, and the statutory listing matter. In a features-based case, the firearm’s actual configuration at the relevant time matters: semiautomatic operation, magazine system, barrel length, and each alleged prohibited feature must be proved. We examine photographs, laboratory records, agency descriptions, measurements, and the firearm itself. Misidentification by an officer, an incomplete inspection, or an assumption based on appearance can create reasonable doubt on an essential element.
U.S. Const. amend. IV
Dispute knowing possession and control
Penal Code section 30605 does not impose strict liability for a weapon found somewhere near a person. The prosecution must prove knowing possession. In a shared home, borrowed vehicle, garage, storage unit, or workplace, access alone does not necessarily show dominion and control. A firearm may belong to another occupant, have been left behind, or be stored where the accused had no authority to access it. The defense focuses on ownership records, keys, lease terms, statements, communications, fingerprints or DNA where relevant, and the location of the firearm. The issue is especially important when several people could have possessed the item.
17 CCR §1219.3
Litigate an unlawful search or seizure
Many assault-weapon cases begin with a vehicle stop, a probation or parole search, a warrant search, or a protective sweep of a residence. The Fourth Amendment and article I, section 13 of the California Constitution may require suppression when officers lacked reasonable suspicion for a detention, probable cause for a search, valid consent, proper warrant scope, or a lawful exception to the warrant requirement. A probation or parole search also has limits; officers must be able to connect the search to a valid searchable person or lawful authority. A motion under Penal Code section 1538.5 can seek exclusion of the firearm and derivative evidence. If the weapon is suppressed, the prosecution may be unable to proceed.
NHTSA SFST
Establish a statutory exemption or lawful status
California’s assault-weapon statutes contain narrow exemptions that must be evaluated before accepting the premise that possession was unlawful. Penal Code section 30630 addresses possession by certain peace officers and military personnel acting within the scope of their duties. Other provisions can affect lawfully registered assault weapons, authorized transfers, transport to specified locations, surrender, or disposition. Registration history, dates of acquisition, duty status, and the precise purpose and manner of transport can be decisive. The law in this area is technical, and an exemption is not established merely because the firearm was inherited, purchased elsewhere, or formerly legal. The defense assembles the documents and timeline needed to determine whether a statutory exception applies.
VC §23152
Challenge proof of the firearm’s condition and operation
A features-based allegation may depend on whether a firearm was semiautomatic, whether it was capable of accepting a detachable magazine as legally defined, or whether a component was installed and functional when possessed. Officers sometimes document a configuration after handling, disassembling, or altering the firearm during seizure. We scrutinize body-worn camera footage, booking photographs, chain-of-custody records, lab examination, and the condition of parts such as magazine-lock devices, stocks, grips, and barrel attachments. Where the state’s conclusion rests on a conclusory report rather than reliable testing and accurate statutory analysis, cross-examination and defense expert review can undermine the required proof.
17 CCR §1219.1
Use surrender and disposition provisions in resolution
For a person who possessed no more than two assault weapons, was otherwise lawfully entitled to possess firearms, and did not use the weapons in another violation, Penal Code section 30605, subdivision (b), may provide a significantly reduced infraction disposition if the weapons are relinquished under Penal Code section 29810 or disposed of pursuant to Penal Code section 31100. Even when that precise provision does not apply, voluntary lawful surrender, absence of criminal conduct involving the firearm, lack of a disqualifying record, and prompt compliance with court orders can materially affect charging and negotiation. This is not a substitute for a merits defense, but it can matter where classification or possession evidence creates litigation risk for both sides.
VC §23103.5
Constitutional Sources: Fourth Amendment — U.S. Constitution
Questions
Frequently Asked — Assault Weapon Possession California
Is possessing an assault weapon always a felony in California?
No. Penal Code section 30605, subdivision (a), is generally a wobbler, meaning the prosecutor may file it as either a misdemeanor or a felony. A felony conviction can carry 16 months, two years, or three years in county jail under Penal Code section 1170, subdivision (h); a misdemeanor can carry up to one year in county jail. Charging decisions often depend on the firearm’s type and configuration, surrounding conduct, prior record, alleged public-safety concerns, and whether other weapons offenses are charged. There is also a narrow infraction provision in Penal Code section 30605, subdivision (b), for qualifying otherwise-lawful possessors of no more than two assault weapons who relinquish or lawfully dispose of them. It does not apply to every case.
What makes a firearm an assault weapon under California law?
California uses several statutory definitions. Penal Code section 30510 identifies specified makes and models, often called listed or named assault weapons. Penal Code section 30515 separately defines certain firearms by their operating characteristics and features. For example, some semiautomatic centerfire rifles may qualify if they do not have a fixed magazine and have one or more listed features; other provisions address certain semiautomatic pistols and shotguns. The analysis is technical. A firearm is not automatically an assault weapon because it is black, tactical-looking, semiautomatic, or capable of accepting a magazine. The prosecution must identify the correct statutory category and prove that the firearm actually met it at the time of alleged possession.
Can I be charged if the assault weapon was in my house but belonged to someone else?
Possibly, but ownership is not the only issue. Under Penal Code section 30605, the prosecution must prove knowing possession. It can attempt to show constructive possession when a person had the right to control the firearm even without holding it. In a shared residence, however, the fact that a gun was found in the home does not by itself establish that every occupant possessed it. The location of the firearm, who had access to the room or container, who had keys, statements by other residents, purchase records, and other evidence can be critical. A gun in another person’s locked room or secured container presents a substantially different possession case than a gun kept among an accused person’s belongings.
Can I legally transport a registered assault weapon in California?
A properly registered assault weapon is subject to strict restrictions, not ordinary transportation rules. Penal Code section 30945 permits possession by a person who lawfully registered the weapon, but generally limits where it may be possessed and transported. Transport ordinarily must be between authorized locations, such as the registrant’s residence, a licensed gun dealer, a gunsmith, certain target ranges, or other places specified by statute. The weapon must be transported in accordance with the statute, including in a locked container as required by Penal Code section 30945. Registration is personal and does not generally make the firearm freely transferable, lendable, or transportable for any purpose. A fact-specific review is needed before relying on registration as a defense.
Will an assault weapon possession case affect my gun rights?
It can. A felony conviction under Penal Code section 30605 can create a lifetime firearms prohibition under Penal Code section 29800 and federal law. A misdemeanor conviction may also create serious consequences depending on the offense and the person’s existing status, although not every misdemeanor conviction produces the same prohibition. Separate allegations—such as prohibited-person possession under Penal Code section 29800 or possession of certain other restricted weapons—can independently affect firearms rights. Courts may also order forfeiture or destruction of unlawfully possessed weapons under applicable statutes. Because firearm-rights consequences depend on the conviction, the disposition, prior history, and federal law, they should be addressed before any plea rather than assumed away after sentencing.
What should I do after LAPD or LASD seizes a firearm as an assault weapon?
Do not make additional statements to investigators or attempt an informal transfer, sale, or return of the firearm. Preserve all paperwork, receipts, registration materials, photographs showing the firearm’s configuration, and records identifying where it was stored or who had access. In Los Angeles County, a case may be reviewed by the Los Angeles County District Attorney’s Office after an LAPD, LASD, or other agency investigation; early evidence preservation can matter before filing. A defense lawyer can evaluate the statutory classification, the search and seizure, possession evidence, and any lawful surrender or disposition option. For a confidential case assessment, Rubin Law, P.C. can be reached at (213) 723-2337.
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