California Penal Code §30605 — Assault Weapon Possession
PC §30605 makes it a wobbler to possess an assault weapon as defined in §30510 and §30515. A first offense may be charged as a misdemeanor (up to 1 year county jail) or a felony under §1170(h) carrying 16 months, 2, or 3 years. Distinct from PC §30600, which punishes manufacture, distribution, transport, or import at 4/6/8 years straight-felony state prison.
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 §30605 — Assault Weapon Possession at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §30605 — Possession of Assault Weapon |
| Code Type | Penal Code (PC) |
| Classification | Wobbler — misdemeanor or felony |
| Misdemeanor | Up to 1 year county jail; up to $1,000 fine |
| Felony | 16 months, 2, or 3 years county jail (§1170(h)) |
| Assault Weapon Defined | PC §30510 (enumerated list) and §30515 (feature test — pistol-grip, folding stock, threaded barrel, etc.) |
| vs §30600 | §30600 = manufacture/distribute/import — straight felony 4/6/8 years |
| vs §32625 | §32625 = machine-gun possession — separate offense |
| Registered Weapons | PC §30900 grandfathered registration — registered pre-ban owners exempt |
| Immigration | Firearm-trafficking crime under 8 USC §1101(a)(43)(C) if felony conviction — deportable aggravated felony |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §30605?
What Is California Penal Code §30605?
PC §30605 Reads:
"Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170."
— California Penal Code §30605(a)
California's Assault Weapons Control Act (AWCA) bans a specific list of firearms by make/model (§30510) and any centerfire semi-automatic that has certain features (§30515) — pistol grips, folding/telescoping stocks, threaded barrels, forward grips, grenade launchers, or flash suppressors. Possession without a valid §30900 registration is §30605.
Feature Test vs. Enumerated List
§30510 lists specific firearms banned by name. §30515 catches firearms not on the list but with any single prohibited feature. 'Fixed magazine' status (bullet-button versus true detachable magazine) is often the fulcrum of the case following the 2016 amendment closing the bullet-button loophole.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §30605
The prosecution must prove each element beyond a reasonable doubt (CALCRIM 2560).
Possession of a Firearm
Defendant possessed the firearm — actual or constructive.
The Firearm Was an Assault Weapon
The firearm meets the §30510 list definition or the §30515 feature test.
Knowledge of the Firearm's Character
People v. King (2006) requires the defendant knew or reasonably should have known the firearm had the characteristics that made it an assault weapon.
04 — Penalties
Penalties for PC §30605 Assault Weapon Possession in California
§30605 is a wobbler. First offenses are frequently filed as misdemeanors; aggravated cases (multiple weapons, felony priors, gang nexus) draw felony filings.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Assault Weapon Possession — Misdemeanor | PC §30605(a) | Up to 1 year county jail; up to $1,000 fine | Available | No |
| Assault Weapon Possession — Felony | PC §30605(a) via §1170(h) | 16 months, 2, or 3 years county jail | Available | No |
Sentencing Enhancements
Multiple Weapons
PC §30605(b)
First offense involving no more than two firearms may be charged as an infraction with a $500 fine if defendant possessed the weapon before certain dates and had no criminal intent — narrow relief, but available.
Gang Enhancement
PC §186.22
+2/3/4 or +5 years on a felony §30605 conviction proved to promote a criminal street gang.
Felon-in-Possession Stack
PC §29800
If defendant has a prior felony conviction, PC §29800(a)(1) may be filed alongside §30605 — separate 16/2/3 exposure.
Additional Consequences Beyond Prison
- Lifetime state firearm prohibition on any conviction (PC §29800 kicks in on felony treatment)
- 10-year prohibition on misdemeanor conviction (PC §29805)
- Federal firearm ban under 18 USC §922(g)(1) if felony
- Immigration: felony §30605 is a firearm offense triggering deportability under 8 USC §1227(a)(2)(C)
- The seized firearm is forfeited under PC §29810
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §30605 Assault Weapon Possession Charges
§30605 defenses attack possession, the weapon's classification, and knowledge.
Not an Assault Weapon
Expert examination of the firearm's features — fixed magazine, absence of prohibited features — takes it outside §30510/§30515.
Feature Test
No Knowledge (People v. King)
Absence of knowledge that the firearm had assault-weapon characteristics is a defense.
Mens Rea
§30900 Registration
Registered pre-ban owners are exempt from §30605 possession liability.
Registration
Unlawful Search & Seizure
Firearm suppressed under Fourth Amendment / PC §1538.5 — most §30605 cases arise from vehicle stops and residential searches ripe for suppression.
Fourth Amendment
PC §17(b) Reduction
Wobbler §30605 filed as felony can be reduced to misdemeanor to eliminate lifetime firearm ban and preserve immigration status.
Constitutional Sources
07 — Court Process
How PC §30605 Assault Weapon Possession Cases Move Through Los Angeles Courts
§30605 cases turn on the firearm examination and the legality of the search.
- 1
Step 1 — Seizure & Booking
Firearm seized, booked into evidence, and forwarded to LASD ballistics or ATF for classification.
- 2
Step 2 — Filing Decision
DA reviews the weapon's features and defendant's record — misdemeanor or felony filing.
- 3
Step 3 — Arraignment
Bail or OR release; firearm-relinquishment orders entered.
- 4
Step 4 — Motion to Suppress (§1538.5)
Most §30605 cases are winnable at the suppression stage — vehicle stops, warrant scope, and consent challenges.
- 5
Step 5 — Expert Examination
Defense retains a firearms examiner to test the feature configuration.
- 6
Step 6 — Preliminary Hearing (felony)
Classification and possession litigated.
- 7
Step 7 — Trial or Plea
PC §17(b) reduction, misdemeanor plea, or trial.
- 8
Step 8 — Sentencing / Forfeiture
Firearm forfeited under §29810; probation with search terms.
Los Angeles Courts That Handle PC §30605 Assault Weapon Possession Cases
§30605 is heard in the district courthouse where the possession occurred.
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 §30605 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
09 — FAQs
PC §30605 Assault Weapon Possession Questions — Los Angeles
What is the difference between PC §30605 and PC §30600?
§30605 punishes simple possession of an assault weapon. §30600 punishes manufacture, distribution, transportation, importation, or sale — a straight felony carrying 4, 6, or 8 years state prison.
What makes a rifle an assault weapon in California?
It is either listed by name in PC §30510 or has one or more prohibited features under §30515 (pistol grip, folding stock, threaded barrel, forward grip, flash suppressor, grenade launcher) combined with a detachable magazine.
Can I be prosecuted if I inherited the firearm?
Inheritance is not automatic defense, but California law provides a limited registration/transfer window and People v. King's knowledge requirement is a genuine defense to §30605.
Is §30605 a strike?
No. §30605 is not a serious or violent felony under §667.5(c) or §1192.7(c) and does not count as a strike under Three Strikes.
Available 24/7 — Free Consultation
Charged With PC §30605 Assault Weapon Possession?
Feature-test cases are won at the suppression hearing and the firearms examination. Rubin Law, P.C. defends California assault-weapons cases. Call (213) 723-2337.