Prohibited Ammunition Lawyers (PC 30305)

A single box of old rounds in a garage, a handful of cartridges in a nightstand drawer. For someone who doesn’t realize they’re a prohibited person, that’s all it takes to face a felony weapons charge in California.

Penal Code 30305 makes it illegal for certain individuals to own, possess, or have custody or control of ammunition or reloaded ammunition. What surprises most people is that the prohibition doesn’t just apply to convicted felons. It extends to anyone barred from possessing a firearm under California or federal law, including people with certain misdemeanor convictions, active restraining orders, or specific mental health holds.

Because this is a wobbler offense, prosecutors have the discretion to file it as either a felony or a misdemeanor. That charging decision often depends on your criminal history, the circumstances of the arrest, and whether additional weapons charges are involved. The difference between a felony conviction and a dismissal frequently comes down to how early your defense team identifies the right strategy.

If you’re facing a PC 30305 charge in the Bay Area, our team at The Nieves Law Firm Criminal Defense Attorneys can evaluate every angle of your case. Schedule a consultation to discuss your options with The Nieves Law Firm Criminal Defense Attorneys.

How California Defines Prohibited Ammunition Possession

Under Penal Code 30305, subdivision (a)(1), no person prohibited from owning or possessing a firearm shall “own, possess, or have under custody or control, any ammunition or reloaded ammunition.”¹ The statute cross-references several categories of prohibited persons, including those covered by Penal Code sections 29800 and 29900, as well as Welfare and Institutions Code sections 8100 and 8103.²

What makes this charge deceptive is the breadth of the prohibition. Many people assume that only felons are barred from possessing ammunition. In reality, the prohibition extends to individuals convicted of certain qualifying misdemeanors under Penal Code 29805, people subject to domestic violence protective orders, and individuals who have been placed on certain involuntary mental health holds. If you fall into any of these categories, even a single round of ammunition in your home can result in criminal charges.

The statute also covers “reloaded ammunition,” meaning handloaded or remanufactured rounds. And “ammunition” itself is broadly defined under Penal Code 16150 to include any projectile capable of being fired from a firearm with a propellant charge, as well as certain components like loaded cartridges.³ Empty brass casings and completely inert display rounds may fall outside this definition, but the line is not always clear, and prosecutors often charge first and let the defense sort it out.

What Prosecutors Must Prove

To secure a conviction under PC 30305, the prosecution must establish each of the following elements beyond a reasonable doubt.⁴

The defendant possessed ammunition or reloaded ammunition

Possession under California law is broader than most people think. The prosecution does not need to prove the ammunition was on your person. “Constructive possession” means having the right to control the ammunition or having access to a place where it is stored. If ammunition is found in your bedroom closet, your car’s glove compartment, or a storage unit in your name, prosecutors will argue you had dominion and control over it.

The defendant knew they possessed the ammunition

This is a critical element. The prosecution must prove you were aware the ammunition was there. In shared living situations, where roommates, partners, or family members also have access, the question of knowledge becomes genuinely contested. Ammunition left behind by a previous tenant or tucked into a box by someone else raises real questions about whether you knew it existed.

The defendant was a prohibited person

The prosecution must prove that at the time of possession, you were legally barred from possessing firearms (and by extension, ammunition) under one of the statutes referenced in PC 30305. This includes prohibitions under PC 29800 (felony convictions), PC 29900 (certain violent offense convictions), PC 29805 (qualifying misdemeanor convictions with a 10-year prohibition), and Welfare and Institutions Code sections 8100 and 8103 (mental health-related prohibitions).⁵

The defendant knew they were a prohibited person

This is where many cases become genuinely defensible. The prosecution generally must show that you knew, or should have known, that you fell into a prohibited category. If your conviction was years ago, if you were told your record was cleared, or if you reasonably believed your prohibition had expired, this element becomes a real battleground.

Constructive Possession and the Shared Space Problem

One of the most important legal concepts in PC 30305 cases is constructive possession, and it is where a significant number of these charges fall apart under scrutiny.

Constructive possession means the prosecution argues you had control over the ammunition even though it wasn’t physically on your person. In practice, this comes up constantly in shared living situations. Ammunition found in a common area of a house with multiple residents, in a vehicle that several people drive, or in a garage where a roommate stores belongings creates a genuine factual dispute about who actually possessed the rounds.

Mere proximity is not enough. The prosecution must prove you knew the ammunition was there and that you had the ability and intention to exercise control over it. When four people live in a house and ammunition is found in a kitchen drawer, pointing the finger at one resident requires more than just their name on the lease.

Our defense team regularly sees cases where clients are charged simply because ammunition was found in “their” space, even when the reality is far more complicated. Building the record of who actually had access, who placed the ammunition there, and whether our client even knew it existed is often the difference between a conviction and a dismissal.

Penalties for PC 30305

Under California’s realignment framework (AB 109), felony PC 30305 sentences are served in county jail rather than state prison, unless the defendant has prior serious or violent felony convictions.⁶

The wobbler nature of this charge gives your defense attorney a meaningful opportunity to argue for misdemeanor treatment, particularly for first-time offenders, cases involving small quantities of ammunition, and situations where no firearm was also found. Prosecutors weigh factors like the nature of the underlying prohibition, the circumstances of discovery, and whether you were otherwise law-abiding when making their charging decision.

Sentence Enhancements

Certain circumstances can significantly increase sentencing exposure:

Collateral Consequences Beyond the Courtroom

A PC 30305 conviction reaches well beyond the jail sentence and fine listed in the statute. Understanding these consequences is essential for making informed decisions about how to handle your case.

Immigration Consequences

For non-citizen defendants, a firearms-related conviction can trigger removal proceedings. Federal immigration law treats certain weapons offenses as grounds for deportation, and a felony PC 30305 conviction may qualify. If you are not a U.S. citizen, this is one of the most urgent reasons to fight the charge aggressively. The Nieves Law Firm Criminal Defense Attorneys works closely with immigration attorneys on cases where criminal and immigration consequences overlap.

Firearms and Ammunition Rights

A felony conviction under PC 30305 results in a lifetime prohibition on possessing firearms and ammunition under both California and federal law. Even a misdemeanor conviction may extend or reset an existing 10-year prohibition. For clients who are hunters, sport shooters, or who keep firearms for home defense, this consequence can be life-altering.

Employment and Professional Licensing

Many employers conduct background checks, and a weapons-related conviction raises red flags across industries. Professionals holding licenses in fields like healthcare, education, law enforcement, finance, or law may face disciplinary proceedings, suspension, or revocation. California licensing boards have broad discretion to act on criminal convictions, and a felony weapons charge is exactly the type of conviction that draws scrutiny.

Probation and Parole Violations

If you are currently on probation or parole when charged with PC 30305, the new charge can trigger a violation of your supervised release. This can result in additional custody time on top of any sentence for the new offense.

Defense Strategies for Prohibited Ammunition Charges

You Did Not Know You Were a Prohibited Person

This is one of the most common and most effective defenses in PC 30305 cases. Many people genuinely do not know they are prohibited from possessing ammunition. Consider someone who had a domestic violence misdemeanor conviction ten years ago and was never told about the 10-year firearm prohibition under PC 29805. Or someone whose felony was reduced to a misdemeanor under Proposition 47 and who reasonably believed their rights were fully restored. The prosecution must prove you knew, or should have known, about your prohibited status. If the evidence on that point is thin, the case has a serious weakness.

You Did Not Know the Ammunition Was There

Knowledge of possession is an element the prosecution must prove. If ammunition was found in a shared vehicle, a common area of a residence, or stored in a box among other belongings, your defense team can challenge whether you were even aware the rounds existed. This defense is strongest when combined with evidence that someone else had equal or greater access to the location where the ammunition was found.

The Search Was Unconstitutional

A significant number of PC 30305 cases in the Bay Area originate from probation or parole compliance checks, traffic stops, and search incident to arrest on an unrelated matter. Law enforcement discovers ammunition, runs the individual’s record, and finds a prior conviction or other prohibition.

Alameda County prosecutors tend to take weapons and ammunition offenses seriously, particularly given ongoing public safety concerns in Oakland. Cases filed through the Rene C. Davidson Courthouse in Oakland often move through the system with the weight of the DA’s office behind them. That said, the wobbler nature of PC 30305 means there is real room for advocacy at the charging stage, at the preliminary hearing, and through pretrial negotiations.

Our attorneys appear regularly in Alameda County courtrooms and understand how local prosecutors evaluate these cases. Factors like the quantity of ammunition, whether a firearm was also recovered, the age and nature of the underlying conviction, and the defendant’s current circumstances all influence how aggressively the case is pursued.

Why Working Professionals Need Aggressive Representation

PC 30305 charges disproportionately affect people who have moved on from a past conviction and built stable, productive lives. You may have completed your sentence years ago, maintained steady employment, and had no further contact with the justice system. Then a routine encounter with law enforcement reveals ammunition you forgot about, or didn’t even know was there, and suddenly your career, your professional license, and your reputation are at risk.

This is exactly the scenario The Nieves Law Firm Criminal Defense Attorneys was built to handle. Our team of attorneys brings the resources of one of the largest criminal defense practices in the Bay Area to every case. We investigate the legality of the search, verify whether you are truly a prohibited person, challenge the prosecution’s evidence on knowledge and possession, and fight for the best possible outcome at every stage.

You are not defined by a past conviction, and you should not lose everything you’ve built because of a charge that may not hold up under scrutiny. Contact The Nieves Law Firm Criminal Defense Attorneys today to speak with a defense attorney who understands what’s at stake for your career, your family, and your future.

Prohibited Ammunition Quick Reference