Assault Weapons & Rifles - California Penal Code 30600 PC

REQUEST A Free CONSULTATION

Strong Legal Representation for Assault Weapon and .50 BMG Rifle Charges in California

If you have been charged with possession of an assault weapon in California you are facing a felony that carries state prison time and the permanent loss of your right to own or possess any firearm. California has some of the most restrictive assault weapon laws in the country and the line between a legal and illegal rifle under state law is technical and often misunderstood. Many people charged under PC 30600 lawfully owned their firearm in another state or purchased it without fully understanding California’s specific feature restrictions. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against weapons and firearms charges throughout Los Angeles County. Call (310) 448-1529 or contact our office today for a free confidential consultation.

What Counts as an Assault Weapon in California

California’s assault weapon laws operate under two separate statutes that cover different conduct. PC 30600 makes it a felony to manufacture, distribute, transport, import, sell, or give away any assault weapon or .50 BMG rifle. PC 30605 makes it a felony to simply possess one. Both are felonies regardless of whether the firearm was ever used, displayed, or carried in public — owning a firearm that meets California’s definition of an assault weapon is the crime itself.

What makes these charges particularly common is how California defines an assault weapon. Unlike some states that use a list of specific banned models, California uses a feature-based definition under PC 30515. A firearm becomes an assault weapon not because of what it is called but because of how it is configured:

  • A semiautomatic rifle with a detachable magazine becomes an assault weapon the moment it has even one prohibited feature
  • The same rifle without that feature or with a fixed magazine may be entirely legal
  • The difference between a legal firearm and a felony charge can come down to a single attachment

This is why so many people are charged under PC 30600 without realizing their firearm crossed the legal line. The feature-based definition is technical, has changed repeatedly, and is not something most gun owners fully understand until after an arrest.

California does not use a list-based definition for most assault weapons. Instead the law is feature-based — a firearm becomes an assault weapon under PC 30515 when it combines a detachable magazine with one or more prohibited features. This is why so many people are charged under PC 30600 without realizing their firearm crossed the legal line.

PC 30515 — How California Defines Assault Weapon Features

Under PC 30515 a semiautomatic centerfire rifle with a detachable magazine becomes an assault weapon if it has any one of the following features:

  • A pistol grip that protrudes conspicuously beneath the action of the weapon
  • A thumbhole stock
  • A folding or telescoping stock
  • A grenade launcher or flare launcher
  • A flash suppressor
  • A forward pistol grip

For semiautomatic pistols the prohibited features include a threaded barrel, a second handgrip, a barrel shroud, or the ability to accept a detachable magazine outside the pistol grip. For semiautomatic shotguns the prohibited features include a folding or telescoping stock, a pistol grip, a fixed magazine capacity exceeding 5 rounds, or the ability to accept a detachable magazine.

The key word is detachable magazine. A semiautomatic rifle with a fixed magazine that cannot be removed without disassembling the action is not subject to the feature restrictions under most circumstances. This distinction between fixed and detachable magazines is at the center of most assault weapon compliance questions in California.

.50 BMG Rifles in California

The .50 BMG rifle is prohibited entirely under PC 30610 regardless of features or configuration. Any rifle chambered in .50 BMG is an illegal assault weapon under California law. There is no compliant version of a .50 BMG rifle in California. Possessing, transporting, or importing one into the state is a felony under PC 30605 carrying 16 months, 2 years, or 3 years in state prison.

This prohibition is frequently an issue for collectors, competitive shooters, and individuals who move to California from other states where .50 BMG rifles are legal. Bringing a .50 BMG rifle into California even temporarily is a felony. Our firm handles PC 30605 charges involving .50 BMG rifles regularly and challenges the underlying search and seizure in every case where the firearm was discovered through law enforcement contact.

Legal vs Illegal Rifles in California

The line between a legal and illegal rifle in California is not obvious and has shifted repeatedly through legislation and court decisions. What was compliant in a prior year may not be compliant today and what is legal in every other state may be a felony in California. The analysis always starts with two questions: does the rifle have a detachable magazine and does it have any of the prohibited features under PC 30515.

The most common situations our firm sees:

  • A semiautomatic rifle with a detachable magazine and any one prohibited feature under PC 30515 is an assault weapon and illegal to possess
  • A semiautomatic rifle configured without any prohibited features is generally legal even with a detachable magazine — this is the featureless configuration
  • A semiautomatic rifle with a fixed magazine that requires disassembly of the action to remove is generally legal regardless of features
  • Any rifle chambered in .50 BMG is illegal in California regardless of any other configuration
  • Rifles manufactured before certain dates and properly registered with the state may be legally possessed under specific conditions

PC 16590 covers a separate category of generally prohibited weapons in California including short-barreled rifles and short-barreled shotguns that are illegal regardless of features or registration status. When the firearm at issue falls under PC 16590 that charge may take precedence over the assault weapon analysis entirely. Our firm analyzes every applicable statute from the first day of representation to understand exactly what the prosecution can and cannot prove.

Assault Weapon Conviction Penalties in California

Both PC 30600 and PC 30605 are felonies but they carry different sentences depending on the specific conduct charged. Manufacturing, distributing, transporting, or importing an assault weapon under PC 30600 is treated more seriously than simple possession and carries a significantly longer prison term. All convictions result in the permanent loss of the right to own or possess any firearm under both California and federal law and a permanent felony record that affects employment, housing, professional licensing, and immigration status.

The specific penalties are:

  • Manufacturing, distributing, transporting, or importing an assault weapon under PC 30600: 4, 6, or 8 years in state prison
  • Possession of an assault weapon under PC 30605: 16 months, 2 years, or 3 years in state prison
  • Fines up to $10,000 for all felony convictions
  • Permanent loss of firearm rights under both California and federal law
  • Permanent felony record

Federal charges under 18 U.S.C. 922 are frequently filed alongside the state case when the firearm crossed state lines or was purchased through interstate commerce. Federal convictions carry their own mandatory minimums and are served consecutively to any state sentence — meaning the federal time begins after the state term is completed. When both state and federal charges are filed the total exposure can reach a decade or more in custody.

Legal Defenses Against Assault Weapon Charges

Suppression of the Firearm Evidence

The firearm is the entire prosecution in most assault weapon cases. Without it there is no case. Most charges begin with a search of a home, vehicle, or storage unit and those searches must comply with the Fourth Amendment. When the search was conducted without a valid warrant, without probable cause, or exceeded the authorization our criminal defense attorneys file suppression motions immediately. This includes challenging the legality of traffic stops that led to a vehicle search, warrantless home entries based on claimed exigent circumstances, and searches conducted under overly broad warrant language. California courts have suppressed firearm evidence in cases where the initial contact lacked constitutional justification and we pursue suppression in every case where the search is even arguably defective.

The Firearm Did Not Meet the Definition

California’s assault weapon definition is highly technical and turns on specific features and configurations. Attorney Hashemi works with independent firearms experts to analyze the exact configuration of the weapon at the time of the alleged offense including the magazine type and the specific features present. When the firearm had a fixed magazine, lacked all prohibited features, or was configured as a legally compliant featureless rifle the charge cannot stand regardless of what law enforcement believed at the time of the arrest.

Lack of Knowledge the Firearm Was Non-Compliant

California’s assault weapon laws are complex and have changed multiple times. Many defendants purchased a firearm legally in another state, inherited one, or bought it in California believing it was compliant. Attorney Hashemi builds the lack of knowledge defense through purchase records, any compliance steps the defendant took, and communications with the seller. A defendant who had no reason to know the rifle was configured as an assault weapon under California law may not satisfy the knowledge element required for a conviction.

Contact a Los Angeles Firearms Defense Attorney Today

An assault weapon charge in California is a serious felony with permanent consequences. With over 20 years of experience defending clients against weapons and firearms charges throughout Los Angeles County Attorney Hashemi will review the specific configuration of the firearm, analyze the legality of the search, and build a defense strategy from day one. Contact our office today for a free confidential consultation.

Schedule a free Consultation:

We are conveniently located in the Westside Towers serving clients facing assault weapon and firearms charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.