Caught With an Assault Weapon in California? Here’s What Penal Code §30605 Means

You don’t have to be brandishing a rifle in public to be charged with a felony under California’s assault weapon laws. In fact, many people are arrested for simply owning a firearm they didn’t realize qualifies as an “assault weapon” under Penal Code §30605—a law so broad and technical that even seasoned gun owners can get caught off guard.

From barrel lengths to pistol grips and magazine capacity, the state’s definition goes far beyond common sense. And if you’re found in possession, prosecutors won’t care whether the gun was registered in another state, inherited, or kept disassembled in a closet.

Here’s what you need to know—and why fighting this charge requires more than just a Second Amendment argument.

What is Considered an “Assault Weapon” in California?

California defines assault weapons in three ways:

1. Specifically Listed Firearms

California Penal Code § 30510 lists certain firearms by make and model that are classified as assault weapons, including specific versions of:

• AK series rifles
• Colt AR-15 series
• UZI and Galil models
• Various other specifically named firearms

2. Category-Based Definition

Under PC § 30515, firearms with certain features are also classified as assault weapons:

Rifles:

• A semiautomatic centerfire rifle that has the capacity to accept a detachable magazine and any one of these features:
  • A pistol grip that protrudes conspicuously beneath the action
  • A thumbhole stock
  • A folding or telescoping stock
  • A grenade launcher or flare launcher
  • A flash suppressor
  • A forward pistol grip
• A semiautomatic centerfire rifle with a fixed magazine capable of holding more than 10 rounds
• A semiautomatic centerfire rifle that has an overall length of less than 30 inches

Pistols:

• A semiautomatic pistol with a detachable magazine and any one of these features:
  • A threaded barrel
  • A second handgrip
  • A barrel shroud
  • The capacity to accept a detachable magazine outside of the pistol grip
  • A semiautomatic pistol with a fixed magazine capable of holding more than 10 rounds

Shotguns:

• A semiautomatic shotgun with certain features like a folding stock or revolving cylinder

3. “Copycat” Weapons

Firearms that are variations or have characteristics similar to the specifically listed assault weapons may also be classified as assault weapons under California law.

What Does Penal Code § 30605 Prohibit?

California Penal Code § 30605(a) makes it illegal to possess any assault weapon within the state of California, except as specifically provided for in the assault weapons chapter of the penal code.

This means that simply having an assault weapon in your possession—whether in your home, car, business, or on your person—is against the law, regardless of whether you’re using it, brandishing it, or keeping it stored away.

Penalties for Possessing an Assault Weapon

The consequences of violating PC § 30605 can be severe:

Standard Penalties

Under PC § 30605(a), possession of an assault weapon is typically punishable by:

• Imprisonment in a county jail for up to one year, OR
• Felony imprisonment pursuant to PC § 1170(h) for 16 months, 2 years, or 3 years
• Potential fines up to $10,000
• Mandatory confiscation and destruction of the weapon

Reduced Penalties for First-Time, Technical Violations

PC § 30605(b) provides for reduced penalties in very specific circumstances. A first violation might be punishable by only a fine not exceeding $500 if all of the following conditions are met:

1. You possessed no more than two firearms that were in compliance with the registration requirements of PC § 30945
2. You can prove you lawfully possessed the weapon before it was defined as an assault weapon
3. You have no prior convictions for violating California’s assault weapons laws
4. You were found in possession of the assault weapon within one year following the end of the registration period
5. You relinquish the firearm according to PC § 31100 (after which it will be destroyed)

This reduced penalty provision is narrow and applies only in limited circumstances, typically when someone is caught in a technical violation shortly after a legislative change.

Exemptions to PC § 30605: When Possession Is Legal

California law does allow for certain exemptions to the assault weapon ban. Lawful possession may include:

1. Registered Assault Weapons

If you lawfully owned an assault weapon before it was classified as such, and you properly registered it with the California Department of Justice during an open registration period, you may legally possess it subject to certain restrictions.

2. Law Enforcement and Military Personnel

Active law enforcement officers and military personnel may possess assault weapons for official duties.

3. Licensed Manufacturers and Dealers

Certain firearms dealers, manufacturers, and others with special licenses may possess assault weapons for specific business purposes.

4. Executors of Estates

Executors of estates may temporarily possess assault weapons for the purpose of transferring or disposing of them according to law.

5. Other Limited Exceptions

The law contains other narrow exceptions for specific circumstances, such as film production companies and certain transportation situations.

How Prosecutors Build Cases for Assault Weapon Possession

Understanding how these cases are typically built can help you and your attorney develop an effective defense strategy:

Discovery of the Weapon

Assault weapon cases often start with:

• Traffic stops where weapons are visible or discovered during a search
• Execution of search warrants for other crimes where weapons are found
• Reports from concerned individuals
• Social media posts showing possession of weapons
• Gun range incidents
• Sales to undercover officers

Establishing Knowledge and Control

Prosecutors must prove that you knowingly possessed the assault weapon. They typically look for:

• Your statements acknowledging the weapon
• Your fingerprints or DNA on the weapon
• Photos or videos showing you with the weapon
• Receipts or records of purchase
• Testimony from witnesses who saw you with the weapon
• The weapon being found in your home, vehicle, or on your person

Proving the Weapon Qualifies

The prosecution must establish that the firearm meets California’s definition of an assault weapon by:

• Having firearm experts examine and testify about the weapon
• Documenting the specific features that qualify it as an assault weapon
• Checking if the weapon is on the prohibited list by make and model

Effective Defenses to Assault Weapon Possession Charges

Despite the strict nature of California’s assault weapon laws, there are several potential defenses depending on your specific situation:

1. Fourth Amendment Violations

If police discovered the weapon through an illegal search or seizure, your attorney can file a motion to suppress the evidence. Common Fourth Amendment violations include:

• Searches without valid warrants
• Traffic stops without reasonable suspicion
• Searches that exceed the scope of consent
• Warrantless searches without applicable exceptions

2. Lack of Knowledge

To convict you, prosecutors must prove you knowingly possessed an assault weapon. Possible defenses include:

• You didn’t know the weapon was in your possession
• You didn’t know the firearm qualified as an assault weapon under California law
• You reasonably believed the weapon had been modified to comply with California law

3. Legal Possession Under an Exception

You may have a complete defense if you can prove you fall under one of the exceptions:

• The weapon was properly registered during an open registration period
• You’re exempt as law enforcement, military, or another covered category
• You were temporarily handling the weapon solely to render it to authorities

4. Momentary Possession

In some cases, you may be able to argue momentary possession for the purpose of disposing of the weapon or turning it in to authorities.

5. The Firearm Doesn’t Qualify as an Assault Weapon

Sometimes, the prosecution incorrectly classifies a firearm as an assault weapon when it doesn’t actually meet the statutory definition:

• The firearm lacks the specific features required
• The firearm has been modified to be California-compliant
• The prosecution can’t establish the firearm’s classification

6. It Wasn’t Actually Your Weapon

If the weapon was found in a location accessible to multiple people, you might argue:

• The weapon belonged to someone else
• You didn’t have control or dominion over it
• Someone else had access to where it was found

Recent Changes and Current Status of California Assault Weapon Laws

California’s assault weapon laws have been subject to ongoing litigation and legislative changes:

Miller v. Bonta

In June 2021, a federal judge overturned California’s assault weapons ban, ruling it unconstitutional. However, the decision was quickly stayed pending appeal, meaning the law remains in effect while litigation continues.

Evolving Second Amendment Jurisprudence

The United States Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen (2022) established a new historical tradition test for evaluating gun laws, which may impact California’s assault weapons regulations in the future.

Registration Periods

California has opened limited registration periods when owners of newly prohibited firearms can register them to maintain legal possession. These windows are infrequent and strictly limited, so it’s crucial to stay informed about any new opportunities if you own firearms that might be classified as assault weapons.

What to Do If You’re Charged with Possessing an Assault Weapon

If you’re facing charges under PC § 30605, taking the right steps immediately can significantly impact the outcome of your case:

1. Remain Silent

Exercise your right to remain silent. Anything you say to law enforcement can and will be used against you, even statements you think are helpful.

2. Do Not Consent to Searches

Unless police have a warrant, you have the right to refuse searches of your property. If they search anyway, document everything and inform your attorney.

3. Contact an Experienced Firearms Attorney

Gun laws are extraordinarily complex and constantly changing. You need an attorney who specifically understands California’s firearms laws and has successfully defended similar cases.

4. Preserve Evidence

Save any documentation relating to the firearm, including purchase records, modification receipts, registration attempts, or communications about the weapon.

5. Consider Potential Defenses

Work with your attorney to identify which defenses might apply to your specific situation.

The Nieves Law Firm’s Approach to Assault Weapon Cases

At The Nieves Law Firm, we take a comprehensive approach to defending clients charged with assault weapon possession:

1. Thorough Case Analysis: We examine every detail of your case, from how the weapon was discovered to its technical specifications
2. Constitutional Challenge: We aggressively pursue Fourth Amendment violations and other constitutional issues
3. Technical Firearm Knowledge: We work with firearm experts to challenge whether your weapon actually qualifies as an assault weapon under the law
4. Negotiation Strategy: When appropriate, we negotiate for reduced charges, diversion programs, or other favorable resolutions
5. Trial Preparation: We prepare every case as if it will go to trial, giving us leverage in negotiations and readiness if trial becomes necessary

If you’re facing charges for possessing an assault weapon in California, contact The Nieves Law Firm today for a free, confidential consultation. With the right legal team, you can fight these charges and protect your future.