California Penal Code §30305(a)(1) — Felon in Possession of Ammunition
Possession, ownership, or control of ammunition by a person prohibited from firearm possession — wobbler under §30305(a)(1), 16 months / 2 / 3 years or misdemeanor up to 1 year jail.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Felon in Possession of Ammunition Cases in All LA County Courts
01 — Quick Facts
PC §30305(a)(1) — Felon in Possession of Ammunition at a Glance
| Fact | Detail |
|---|---|
| Code | PC §30305(a)(1) |
| Classification | Wobbler (Felony/Misdemeanor) |
| Felony Term | 16m, 2, or 3 yrs (§1170(h)) |
| Misdemeanor | Up to 1 yr county jail |
| Strike | No |
| Realignment | §1170(h) county jail |
01 — What Is PC §30305(a)(1)?
What Is California Penal Code §30305(a)(1)?
PC §30305(a)(1) Reads:
"No person prohibited from owning or possessing a firearm under Chapter 2 (commencing with §29800) or Chapter 3 (commencing with §29900) of Division 9 of Title 4 of Part 6, or §8100 or §8103 of the Welfare and Institutions Code, shall own, possess, or have under custody or control, any ammunition or reloaded ammunition."
— Penal Code §30305(a)(1)
PC §30305 was substantially expanded by Prop 63 (2016) to parallel the firearm prohibition in §29800. Any person who is a felon, has a qualifying misdemeanor conviction under §29805, is subject to a protective order under §29825, or otherwise falls within Chapter 2 or Chapter 3 firearm prohibitions is barred from possessing ammunition.
Parallel to Firearm Prohibition
§30305(a)(1) exists specifically as the ammunition-side counterpart to §29800 (felon in possession of firearm) — the prohibited-person definitions are identical.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §30305(a)(1)
The prosecution must prove:
Prohibited-Person Status
Defendant was a felon, misdemeanant subject to §29805 restriction, or otherwise prohibited under Chapter 2/3.
Ammunition
The item was ammunition as defined by PC §16150 — cartridges, primers, propellants, or reloaded ammunition.
Possession or Control
Actual possession or dominion and control.
Knowledge
Defendant knew of the ammunition's presence and character.
04 — Penalties
Penalties for PC §30305(a)(1) Felon in Possession of Ammunition in California
§30305(a)(1) is a wobbler under §17(b).
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §30305(a)(1) — Felony | PC §30305(a)(1) | 16m, 2, or 3 yrs county jail (§1170(h)) | Available | No |
| §30305(a)(1) — Misdemeanor | PC §17(b) | Up to 1 yr county jail + $1,000 fine | Available | No |
| Concurrent §29800 | PC §29800 | Same term (felon-in-poss firearm) | Available | No |
Related Enhancements
Concurrent Firearm
PC §29800
Where prohibited person possesses BOTH firearm and ammunition — separate charges.
Armor-Piercing
PC §30315
Straight felony where ammunition is armor-piercing handgun ammunition.
School Grounds
PC §30310
Ammunition on school property — separate misdemeanor/felony.
Prop 63 Background Check
PC §30370
Ammunition purchase without background check — separate offense.
Collateral Consequences
- Lifetime firearm ban continues (§29800)
- Federal ammunition prohibition (18 U.S.C. §922(g))
- Immigration: 'firearm offense' inadmissibility risk (INA §237(a)(2)(C))
- CCW ineligibility
- Restraining-order and protective-order impact
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §30305(a)(1) Felon in Possession of Ammunition Charges
§30305(a)(1) defenses attack prior-conviction status, possession, and knowledge.
Attack Prior Conviction
Boykin/Tahl challenge, §1203.4 expungement, §1170.18 Prop 47 reduction, or §17(b) reduction of qualifying prior.
Prior
No Possession
Ammunition belonged to another; defendant lacked dominion or control.
Possession
Lack of Knowledge
Defendant did not know ammunition was present.
Knowledge
Fourth Amendment
Suppression of ammunition evidence for unlawful search.
4A
§17(b) Reduction
Wobbler reduction to misdemeanor at preliminary hearing or sentencing.
§17(b)
Momentary Possession
People v. Mijares — brief possession for lawful purpose (e.g. handing over to law enforcement) may be a defense.
Momentary
Constitutional Sources
07 — Court Process
How PC §30305(a)(1) Felon in Possession of Ammunition Cases Move Through Los Angeles Courts
§30305(a)(1) proceeds as wobbler filing.
- 1
Step 1 — Investigation
Search yields ammunition; DA reviews prior-conviction status.
- 2
Step 2 — Filing
Wobbler filing — DA charges felony or misdemeanor based on priors and facts.
- 3
Step 3 — Arraignment
Bail motion; O.R. or moderate bail typical.
- 4
Step 4 — Preliminary Hearing
Corpus delicti on possession and prior-conviction status.
- 5
Step 5 — Motions
§1538.5 suppression, prior-conviction challenges, §17(b) reduction.
- 6
Step 6 — Pretrial
Negotiation to §17(b) misdemeanor or dismissal.
- 7
Step 7 — Trial or Plea
Most cases resolve with misdemeanor plea and probation.
Los Angeles Courts That Handle PC §30305(a)(1) Felon in Possession of Ammunition Cases
§30305(a)(1) cases are handled in LA County wobbler courts.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Felon in Possession of Ammunition Defense Attorney
Daniel S. Rubin has defended clients charged with felon in possession of ammunition 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 §30305(a)(1) in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Felon in Possession of Ammunition Cases Throughout LA County
See our full Felon in Possession of Ammunition defense practice
09 — FAQs
PC §30305(a)(1) Felon in Possession of Ammunition Questions — Los Angeles
What counts as 'ammunition' under §30305?
PC §16150 defines ammunition as cartridges or shotgun shells consisting of a case, primer, propellant, and one or more projectiles. Empty casings, spent primers, and firearm components alone are excluded.
Do I have to know it was ammunition?
Yes — knowledge of the ammunition's presence and character is required. Unknowing possession is a defense.
Can §30305 be reduced to a misdemeanor?
Yes — §30305(a)(1) is a wobbler under §17(b). Reduction is available at preliminary hearing, plea, or sentencing.
What if my prior was expunged?
§1203.4 expungement does NOT automatically remove firearm/ammunition prohibitions under §29800/§30305. However, §17(b) reduction of a wobbler prior to misdemeanor before expungement may eliminate the underlying prohibition depending on the offense.
Is §30305 a strike?
No — not listed under §667.5(c) or §1192.7(c).
What is the momentary-possession defense?
Under People v. Mijares (1971) 6 Cal.3d 415 and People v. Martin (2001), momentary possession for the purpose of disposal or delivery to law enforcement may be a defense. Requires narrow facts.
Available 24/7 — Free Consultation
Charged with PC §30305 Ammunition Possession?
Wobbler with felony exposure. Rubin Law, P.C. defends with prior-conviction attacks and §17(b) reduction. Free consult (213) 723-2337.