(213) 723-2337Free Consultation
PCPenal CodeFelony

California Penal Code §30600Assault Weapon Possession

PC §30600 prohibits the manufacture, distribution, transportation, importation, sale, gift, or lending of an assault weapon or .50 BMG rifle in California. Simple possession is separately criminalized under PC §30605. Violations of §30600 are straight felonies punishable by 4, 6, or 8 years in state prison — one of California's most severe weapons offenses. The Roberti-Roos Assault Weapons Control Act of 1989 and SB 23 (1999) created California's list-based and features-based definitions codified in PC §30510 and §30515.

Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Assault Weapon Possession Cases in All LA County Courts

01 — Quick Facts

PC §30600 — Assault Weapon Possession at a Glance

FactDetail
Full NameCalifornia Penal Code §30600 — Manufacture, Sale, or Transfer of an Assault Weapon
Code TypePenal Code (PC)
ClassificationStraight Felony
Prison Term4, 6, or 8 years state prison
Possession OnlyPC §30605 — 16 months, 2, or 3 years (wobbler)
DefinitionsPC §30510 (list) / §30515 (features test)
Registration PathHistorically permitted for grandfathered rifles under §30900
Federal Overlap18 USC §922(v) (Federal AWB expired 2004 — no current federal ban)
Free Consultation(213) 723-2337 — 24/7

01 — What Is PC §30600?

What Is California Penal Code §30600?

PC §30600 Reads:

"Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years."

California Penal Code §30600(a) (paraphrased)

PC §30600 is California's principal transfer-and-manufacture ban on assault weapons and .50 BMG rifles. The statute targets commercial flow — manufacture, importation, sale, and transfer — while PC §30605 targets simple possession. California defines 'assault weapon' three ways: (1) the list of specific models in §30510, (2) the features-based test for semiautomatic rifles in §30515(a)(1)-(3), and (3) semiautomatic pistols and shotguns with prohibited features under §30515(a)(4)-(7).

§30600 vs. §30605 — Transfer vs. Possession

§30600 covers manufacture, distribution, sale, gift, and lending — commercial and transfer conduct. It is a straight felony (4/6/8). §30605 covers simple possession by the end user — a wobbler (up to 3 years). A single set of facts frequently supports both charges: possessing an assault weapon that was recently transferred triggers both statutes.

PC §30600 — Transfer & Manufacture

Manufacture, importation, sale, gift, loan, or transportation of an assault weapon or .50 BMG rifle. Straight felony. 4, 6, or 8 years state prison.

PC §30605 — Simple Possession

End-user possession of an assault weapon. Wobbler. Misdemeanor up to 1 year; felony 16m/2/3 years.

Why the Features Test Drives §30600 Cases

Most §30600 prosecutions turn on whether a rifle satisfies the features-based test in PC §30515: a semiautomatic centerfire rifle that does not accept a detachable magazine but has any one of a pistol grip that protrudes conspicuously beneath the action, thumbhole stock, folding/telescoping stock, forward pistol grip, flash suppressor, or grenade/flare launcher; OR a semiautomatic centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. AB 1135 and SB 880 (2016) closed the 'bullet button' exception. Rubin Law, P.C. defends by challenging feature classification, magazine-fixation, and DOJ registration status.

02 — Elements of the Crime

Elements the Prosecution Must Prove Under PC §30600

The prosecution must prove each of the following elements beyond a reasonable doubt.

01

Defendant Manufactured, Transferred, or Transported the Weapon

The prohibited conduct includes manufacture, causing manufacture, distribution, transportation, importation, keeping for sale, offering for sale, giving, or lending. Mere possession is charged separately under §30605.

Defense angle: Was the defendant actually engaged in transfer conduct, or only in possession? If only possession, §30605 (a wobbler) is the correct charge, not §30600.
02

The Weapon Qualifies as an Assault Weapon or .50 BMG Rifle

The weapon must satisfy PC §30510 (listed model) or §30515 (features test), or be a .50 BMG rifle as defined in §30530. Feature classification is technical and heavily contested.

Defense angle: Was the rifle genuinely 'assault weapon' under §30510/§30515? Was the magazine truly fixed? Was the pistol grip 'conspicuously protruding'? Was the rifle grandfathered/registered under §30900?
03

Knowledge That the Weapon Was an Assault Weapon

Under In re Jorge M. (2000) 23 Cal.4th 866, the prosecution must prove the defendant knew or reasonably should have known the weapon had the characteristics making it an assault weapon.

Defense angle: Buyer relied on FFL representation? Weapon was labeled 'California-compliant'? Featureless configuration was recently modified? In re Jorge M. mens-rea defense.

04 — Penalties

Penalties for PC §30600 Assault Weapon Possession in California

§30600 is a straight felony carrying 4, 6, or 8 years in state prison — among the most severe weapons offenses in California.

ChargeCodePrison TermProbationStrike
§30600 Base OffensePC §30600(a)4, 6, or 8 years state prisonRareNo
Simple PossessionPC §30605Up to 1 year jail or 16m/2/3 yearsAvailableNo
Multiple WeaponsPC §30600 (each)Consecutive terms per weapon possibleRareNo
Gang EnhancementPC §186.22(b)Adds 2, 3, or 4 years (or life w/ predicate)RareYes
Prior Strike EnhancementPC §667(e)(1)Term doubledNoYes

Enhancements That Increase §30600 Exposure

Multiple Assault Weapons

PC §30600

Each weapon transferred can support a separate count with consecutive terms.

Gang Predicate

PC §186.22(b)

Adds 2-4 years and converts the offense to a strike.

Prior Strike

PC §667(e)(1)

Doubles the base term under Three Strikes.

Firearms Trafficking Pattern

18 USC §922 / §924

Federal referral for multi-jurisdiction sales — 10-year federal exposure.

Prohibited Person Transfer

PC §27500

Sale to prohibited person adds separate felony count.

Beyond the Sentence

  • Lifetime state firearm prohibition (PC §29800)
  • Federal lifetime prohibition (18 USC §922(g)(1))
  • Firearm forfeiture — no return regardless of value
  • Assault-weapons registry ineligibility for life
  • Immigration consequences: firearms offense = deportable under 8 USC §1227(a)(2)(C)
  • Loss of professional licenses (peace officer, security guard, FFL)
  • Federal-supervised release exposure if trafficking pattern established

05 — Defense Strategies

How Rubin Law Defends PC §30600 Assault Weapon Possession Charges

§30600 defenses focus on weapon classification, mens rea, and grandfathering.

Features Test Challenge

Detailed rifle inspection — was the pistol grip 'conspicuously protruding'? Was the magazine truly fixed? Featureless-configuration modifications documented pre-arrest?

PC §30515

In re Jorge M. Mens Rea

Prosecution must prove knowledge of the characteristics making the weapon an assault weapon. Reliance on FFL representation, 'CA-compliant' labeling, or featureless configuration.

In re Jorge M.

Registration / Grandfather Defense

Rifle registered under §30900 during the 2016-2018 registration window is exempt from §30600 for the registrant. DOJ AFS registration status review is critical.

PC §30900

Not a Transfer — Possession Only

If evidence shows only possession, §30605 (wobbler, up to 3 years) is the correct charge — not §30600 (straight 4/6/8).

PC §30605

Fourth Amendment Suppression

Warrantless search of home/vehicle, overbroad warrant, or unlawfully prolonged stop under Rodriguez v. United States. PC §1538.5 motion practice.

PC §1538.5

Peace-Officer / Military Exemption

Sworn peace officers, active military, and certain licensed dealers are exempt under §30625 and §30630. Documentation and scope review.

PC §30625 / §30630

Antique / Curio-Relic Classification

Certain pre-1899 firearms and specific curio/relic classifications under 27 CFR §478.11 fall outside the assault-weapons definition.

27 CFR §478.11

07 — Court Process

How PC §30600 Assault Weapon Possession Cases Move Through Los Angeles Courts

§30600 cases follow the felony track with intensive weapon-classification litigation.

  1. 1

    Step 1Search & Seizure

    Most cases arise from warrant searches, probation searches, or traffic-stop firearm discoveries. Fourth Amendment litigation is the first battle.

  2. 2

    Step 2DOJ Firearms Analysis

    CA DOJ Bureau of Firearms conducts feature classification. Bench and lab measurement of pistol grip, magazine capacity, and stock configuration.

  3. 3

    Step 3Filing Decision

    DA reviews whether conduct supports §30600 (transfer) or only §30605 (possession). Charging elevation is a critical decision point.

  4. 4

    Step 4Arraignment & Bail

    Bail typically $50,000-$250,000; $500,000+ for multi-weapon or trafficking allegations.

  5. 5

    Step 5Motion Practice

    PC §1538.5 suppression, §995 dismissal on classification, expert challenges to DOJ measurements, and In re Jorge M. mens-rea defense.

  6. 6

    Step 6Resolution

    Suppression → dismissal; reduction to §30605 or featureless-configuration plea; probation with firearms surrender; trial on classification/mens-rea.

Reviewed by Your Attorney

Daniel S. Rubin — Los Angeles Assault Weapon Possession Defense Attorney

Daniel S. Rubin has defended clients charged with assault weapon possession and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.

This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §30600 in Los Angeles County. Last reviewed: July 2026.

CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Assault Weapon Possession Cases Throughout LA County

See our full Assault Weapon Possession defense practice

09 — FAQs

PC §30600 Assault Weapon Possession Questions — Los Angeles

What makes a rifle an 'assault weapon' under California law?

PC §30515 defines assault weapon as a semiautomatic centerfire rifle that either (1) does not accept a detachable magazine but has any of: pistol grip that protrudes conspicuously beneath the action, thumbhole stock, folding/telescoping stock, forward pistol grip, flash suppressor, or grenade launcher; OR (2) has a fixed magazine with capacity above 10 rounds. Parallel tests apply to semiautomatic pistols and shotguns. PC §30510 also lists specific makes/models.

Is a 'featureless' AR-15 legal in California?

Yes. Configuring an AR-15 without prohibited features — fixed grip stock instead of pistol grip, no flash suppressor (muzzle brake or comp OK), no forward grip, no folding stock — with a magazine lock that requires a tool to release, makes the rifle 'featureless' and legal. But any modification back to featured configuration triggers §30600/§30605.

What about my grandfathered assault weapon registered in 2016-2018?

Rifles registered with CA DOJ during the 2016-2018 SB 880/AB 1135 registration window under PC §30900 are exempt from §30600/§30605 for the registrant during that registrant's lifetime — with restrictions on transfer, transport, and use. Transfer to any non-registrant remains a §30600 violation.

Does §30600 apply to a rifle I inherited from a relative?

Inheritance is a transfer. Under §30680, a personal representative may possess a decedent's registered assault weapon during estate administration but must transfer out of state, sell to an FFL, or surrender to LEA — cannot transfer to another California resident (which would be §30600).

Is there a federal ban on assault weapons?

No current federal ban. The 1994 Federal Assault Weapons Ban (18 USC §922(v)) expired in 2004. California's ban is independent state law. However, federal 18 USC §922(g)(1) lifetime prohibition applies to any felony conviction — including §30600 — creating dual state-federal firearms consequences.

What is the difference between §30600 and §30605?

§30600 covers transfer conduct: manufacture, importation, distribution, sale, gift, loan, transportation. Straight felony — 4, 6, or 8 years. §30605 covers simple possession by an end user. Wobbler — up to 1 year misdemeanor or 16 months / 2 / 3 years felony. Same weapon, different conduct.

Are peace officers exempt from §30600?

PC §30625 exempts sworn peace officers when acting within the scope of duties, and §30630 provides exemptions for authorized entities and certain licensed dealers. The exemption is scope-based, not blanket — off-duty misuse or personal possession outside authorization can lose the exemption.

What if my rifle was legal when purchased?

California periodically expanded the assault-weapons definition — 1989 Roberti-Roos list, 1999 SB 23 features test, 2016 SB 880/AB 1135 closing the bullet button exception. Rifles legal at purchase can become assault weapons by definitional change. §30900 registration windows have been the mechanism for grandfathering; failure to register during those windows means the rifle is no longer legally possessed.

Available 24/7 — Free Consultation

Charged Under PC §30600 Assault Weapon Transfer or Manufacture?

Feature classification, mens rea, and DOJ registration status drive these cases. Straight felony exposure of 4-8 years demands aggressive defense. Call Rubin Law, P.C. — free consult (213) 723-2337.