Possession of an Assault Weapon - California Penal Code 30605(a) PC

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Strong Legal Representation for Assault Weapon Possession 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 many people charged under Penal Code 30605(a) PC did not know their firearm crossed the legal line. A weapon that is legal in another state, inherited from a family member, or purchased before California’s laws changed can all support a felony charge simply by being in your possession. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against firearms charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

Possession of an Assault Weapon – California Penal Code 30605(a) PC

Penal Code 30605(a) PC makes it a felony to possess an assault weapon in California. It is a companion statute to PC 30600 which covers manufacturing, importing, and distributing assault weapons. Under PC 30605(a) possession alone is sufficient for a charge regardless of whether the firearm was ever used, loaded, or taken outside the home. The statute applies to both actual possession meaning the firearm is on your person or in your immediate control and constructive possession meaning it is in a location you control such as your home, vehicle, or storage unit.

Possession of assault weapon California cases frequently involve people who were genuinely unaware their firearm was illegal. California’s assault weapon definition is feature-based rather than model-based for most firearms meaning a standard rifle becomes an assault weapon the moment it combines a detachable magazine with even one prohibited feature such as a pistol grip, folding stock, or flash suppressor. That line is technical and it is not obvious to most gun owners.

California Assault Weapon Definition — What Qualifies Under the Law

California defines assault weapons under three categories established in Penal Code 30510 and 30515:

  • Named weapons: specific firearm models explicitly listed as assault weapons by name including AK-series rifles, AR-15 style rifles, and UZI series firearms
  • Feature-based weapons: semiautomatic centerfire rifles with a detachable magazine and any one prohibited feature including a pistol grip, thumbhole stock, folding or telescoping stock, grenade or flare launcher, flash suppressor, or forward pistol grip
  • Modified weapons: firearms that were legally purchased but later modified in a way that adds prohibited features — attaching a vertical foregrip to a semiautomatic pistol, for example, can convert a legal firearm into an assault weapon under California law

The feature-based category is where most PC 30605(a) charges arise because the line between a legal and illegal configuration is technical, has changed through legislation and litigation, and is not something most gun owners fully understand until after an arrest.

Is PC 30605(a) a Felony in California?

Possession of an assault weapon under PC 30605(a) is always a felony. Unlike many firearms offenses in California this statute has no wobbler status and no misdemeanor option regardless of the defendant’s criminal history or the circumstances of the arrest. Every person convicted under this statute faces state prison time, a permanent felony record, and the lifetime loss of firearm rights under both California and federal law.

This matters from the moment charges are filed because there is no path to a misdemeanor resolution through negotiation. The defense is focused entirely on challenging the charge itself — whether the firearm actually meets the legal definition of an assault weapon, whether the search that led to its discovery was lawful, and whether the defendant knowingly possessed a weapon they knew was non-compliant. A reduction to a lesser charge, an acquittal, or dismissal are the meaningful outcomes in every PC 30605(a) case and that shapes the defense strategy from day one.

Possession of Illegal Weapon California Penalty

A conviction under Penal Code 30605(a) carries a base sentence of 16 months, 2 years, or 3 years in California state prison. When the defendant has a prior felony conviction the base sentence doubles under the Three Strikes law. When a gang enhancement is alleged additional consecutive years apply on top of the base term. When federal charges are filed alongside the state case the combined exposure increases significantly and the federal sentence runs consecutively after the state term is completed.

Beyond the prison sentence a conviction results in:

  • Fines up to $10,000
  • Permanent loss of firearm rights under California and federal law
  • Permanent felony record affecting employment, housing, and professional licensing
  • For non-citizens deportation proceedings upon conviction regardless of legal residency status

Legal Defenses Against PC 30605(a) Charges

The Firearm Does Not Meet the Legal Definition

California’s assault weapon definition is highly technical. Our criminal defense attorney works with independent firearms experts to analyze the exact configuration of the weapon at the time of the alleged offense. When the firearm did not combine a detachable magazine with a prohibited feature, was a named model that does not actually fall within the statutory list, 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

The prosecution must prove the defendant knowingly possessed the firearm. When the defendant purchased the weapon legally in another state, inherited it, or bought it in California believing it was compliant our criminal defense attorney builds the lack of knowledge defense through purchase records, any compliance steps taken, and communications with the seller. A defendant who had no reason to know their rifle was configured as an assault weapon may not satisfy the knowledge element required for conviction.

Unlawful Search and Seizure 

Most PC 30605(a) arrests begin with a search of a home or vehicle. When that search was conducted without a valid warrant, without probable cause, or exceeded its authorized scope our criminal defense attorney files suppression motions immediately. Without the physical firearm the prosecution has no case.

Lawful Possession Under a Valid Exemption

Certain individuals may lawfully possess assault weapons in California including active law enforcement officers, licensed firearms dealers with DOJ permits, and owners of pre-ban firearms that were properly registered with the California DOJ before the applicable deadline. When the defendant falls within a recognized exemption the charge should not have been filed.

Contact a Los Angeles Defense Attorney for PC 30605(a) Charges Today

A conviction for possession of an assault weapon in California is a felony with permanent consequences. With over 20 years of experience defending clients against 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.

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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.