California Law re Assault Weapons & Rifles
Penal Code 30600 PC

Penal Code 30600 PC is California's law regarding assault weapons and .50 BMG (Browning Machine Gun) rifles.  It prohibits:

  • manufacturing,
  • selling,
  • giving away,
  • lending, and/or
  • possessing
Img-assault-weapon-rifle



assault weapons and BMG rifles, except in very specific circumstances.1

Circumstances under which you may lawfully possess an assault weapon in California

You may legally possess an assault weapon or .50 BMG rifle if:

  • You hold a valid permit to possess an assault weapon specifically (as opposed to a concealed firearms permit, which does not cover assault weapons),
  • You lawfully possessed the firearm before it was classified as an assault weapon,
  • You are the executor or administrator of an estate that lawfully holds such firearms,2
  • You are engaged in lawful target shooting and/or law enforcement approved firearm exhibitions, or
  • You are a non-California resident travelling to/from an organized competitive match or league competition that involves the use of an assault weapon.

The above list is not comprehensive.

Legal defenses to California Penal Code 30600 PC charges

Legal defenses to charges of violating California Penal Code 30600 include (but are not limited to):

  • You had a valid permit to possess an assault weapon specifically (not just a concealed firearms permit).
  • The weapon was discovered during an illegal search and seizure, or
  • The police engaged in misconduct.
Penalties for violating California Penal Code 30600 PC

Charges under Penal Code 30600 PC vary from serious felonies charges to minor infractions.  Violations and penalties include:

Illegal transfer of an assault weapon or .50 BMG rifle to another person

Manufacturing, distributing, transporting, selling, giving away or lending assault weapons or .50 BMG rifles is a felony.  It is punishable by four, six, or eight years in the California State Prison for each illegal weapon involved in the transaction.

Possession of an assault weapon or .50 BMG rifle

Possession of a .50 BMG rifle is a misdemeanor.  A conviction can subject you to up to one year in a county jail and a maximum $1,000 fine.

Possession of an assault weapon or rifle in California is a "wobbler" offense.  Prosecutors have the choice to charge wobblers as either misdemeanors or felonies.

If convicted of misdemeanor possession of an assault weapon, you face up to one year in a county jail and a maximum $1,000 fine.

If convicted of felony possession of an assault weapon, you face 16 months, or two or three years in the state prison and a maximum $10,000 fine.

Possession of an assault weapon or .50 BMG rifle during commission of another crime

There are additional penalties if you possess an assault weapon or .50 BMG rifle in connection with another offense.   In such a case you face a one-year state prison sentence... in addition and consecutive to...

  • the penalty for the Penal Code 30600 PC conviction, and
  • the penalty for the underlying offense... and
  • any other sentencing enhancements.
Use of an assault weapon or .50 BMG rifle

If you are accused of using the assault weapon or .50 BMG rifle, you face an additional and consecutive three to ten-year state prison sentence.   The basis for this is Penal Code 12022 PC, California's sentencing enhancement relating to the personal use of a firearm during the commission of a felony

Loss of your assault weapon or .50 BMG rifle

Finally, if you are convicted of any violation of Penal Code 30600, you could also lose your weapon, as well as your right to possess firearms.

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Shouse Law Group is a firm of California criminal defense attorneys3 that include former cops and prosecutors. Our knowledge includes a thorough understanding of California gun laws.

If you or someone you know is accused of violating Penal Code 30600, California's ban on assault weapons, we can help.

Below, our California criminal defense attorneys discuss the following:

1. Legal definition of California's ban on assault weapons & rifles

1.1. Possession

1.2. Assault weapon

1.3. .50 BMG rifle (Browning Machine Gun)

1.4. "Knowingly"

1.5. Penal Code 16590 PC distinguished

2. Legal defenses

2.1. The weapon was discovered during an illegal search
and seizure

2.2. Entrapment

2.3. Police misconduct

3. People and weapons exempt from prosecution under Penal Code 30600

3.1. Gun registration

4. Penalties for violation of Penal Code 30600

4.1. Felony sentencing

4.2. "Wobbler" sentencing for possessing
assault weapons

4.3. Infraction Sentencing

4.4. Possession of a .50 BMG rifle

4.5. Additional sentencing factors

4.6. Loss of weapon(s)

4.7. California firearm offenses and immigration

4.8. Expunging your record

4.9. Your right to own/possess firearms

5. Related offenses

5.1. Penal Code 25400 PC, carrying a
concealed weapon

5.2. Penal Code 25850 PC, carrying a loaded weapon

5.3. Penal Code 417 PC, brandishing a weapon

5.4. Penal Code 245(a)(2), assault with a firearm

5.5. Penal Code 26500 PC, the unlicensed sale
of firearms

5.6. Penal Code 29800 PC, "felon with a firearm"

5.7. Penal Code 487(d)(2) PC, grand theft firearm

You may also find helpful information in our related articles on California Firearm Offenses; California knife laws; Penal Code 16590 PC Manufacturing, Selling, and/or Possessing Generally Prohibited Weapons; Penal Code 25400 PC Carrying a Concealed Weapon; Penal Code 26150 and 16155 PC Concealed Weapons Permits; California Open Carry Laws; Penal Code 12022 Personal Use of a Firearm Sentencing Enhancement; California Legal Defenses; Entrapment as a Legal Defense; Restoring Your California Firearms' Rights; Penal Code 29800 PC Felon with a Firearm; Penal Code 25850 PC Carrying a Loaded Firearm in a Public Place; Penal Code 417 PC Brandishing a Weapon; Penal Code 245(a)(2) Assault with a Firearm; Penal Code 26500 Unlicensed Sale of Firearms; and Penal Code 487(d)(2) PC Grand Theft Firearm.

1. Legal definition of California's ban on assault weapons & rifles

In order to prove that you are guilty of manufacturing, selling, and/or possessing an assault weapon or rifle, the prosecutor must prove the following facts (otherwise known as the legal definition of the assault weapon ban):

  1. that you :

    • manufactured,
    • distributed,
    • transported,
    • imported,
    • sold/gave/lent, and/or,
    • possessed
  2. an assault weapon or .50 BMG rifle;

  3. that you knowingly did so; and
  4. that you knew or reasonably should have known that the weapon had the characteristics that made the weapon an assault weapon or .50 BMG rifle.4

Let's take a look at some of these words and phrases to gain a better understanding of their legal definitions.

1.1. Possession

The terms "manufacturing, transporting, selling, lending, etc." require little explanation.  But the term "possessing" does.  California law defines "possession" as having control of an item.  There are two types of possession: actual possession and constructive possession.5

"Actual possession" means that you have direct, physical control over the weapon.

Example:  You are holding an AK47 assault rifle or other illegal weapon.

Img-ak47-assault-rifle

"Constructive possession" means that you have access to the firearm or the right to control it.

Img-constructive-possession-assault-weapon
Example:  Even while you are out, you have constructive possession of the assault weapon that you own and keep in your closet.

This means that even if you don't physically have the assault weapon or rifle on your person...but you have solitary control over it (or even jointly share that control with another person)... prosecutors can charge you with possessing the firearm.

1.2. Assault weapon

Although there is no set definition of an assault weapon, the California Attorney General has described them as, "highly dangerous offensive weapons which are unambiguously hazardous...they are of the same type that soldiers typically use when fighting in a war."6

Penal Code 30510 PC lists over 70 types of rifles, pistols, and shotguns that are all classified as assault weapons.

Examples: Some examples include (but are not limited to):
  • all AK series rifles,
Img-rifle-gun
Img-uzi-submachine-gun
Img-striker-12-shotgun

    Armstel Striker 12 shotgun

Penal Code 30515 PC lists an additional dozen or so other semiautomatic centerfire rifles that are also considered assault weapons.  These include (but are not limited to):

Img-semiautomatic-rifle

    Bushmaster semiautomatic rifle

  • semiautomatic, centerfire rifles that have an overall length of less than 30 inches,
Img-bullpup-rifle

    TAVOR Bullpup rifle

    Img-micro-uzi-submachine-gun

    Micro-Uzi submachine gun

    and

  • any shotgun with a revolving cylinder.8
Img-protecta-shotgun

Protecta shotgun

Excluded from the definition of assault weapons are

  • antique firearms ("antique" firearms are firearms that were manufactured prior to January 1, 1899), and
  • about 18 pistols that are designed expressly for use in Olympic target shooting events.9
Img-olympic-18-pistol

1.3. .50 BMG rifle (Browning Machine Gun)

Img-50-bmg-rifle-fun

A .50 BMG rifle is not an assault weapon or, despite its name, a machinegun.  It is a center fire rifle that can fire a .50 BMG cartridge.  A .50 BMG cartridge is designed and intended to be fired from a center fire rifle.

A .50 BMG rifle has all three of the following characteristics:

  • the overall length is 5.54 inches from the base of the cartridge to the tip of the bullet,
  • the bullet diameter for the cartridge is from .510 to, and including, .511 inch, and
  • the case base diameter for the cartridge is from .800 inches to, and including, .804 inches.10

1.4. "Knowingly"

A conviction under Penal Code 30600 PC, California's law against the "unlawful manufacturing, selling, lending, and/or possessing of assault weapons or .50 BMG rifles" requires that you knowingly engage in such conduct.11

It therefore follows that if you are unaware that the instrument is an assault weapon or .50 BMG assault rifle...

  • perhaps because you thought it was "fake" and incapable of inflicting harm, or
  • perhaps because you thought it was an otherwise lawful firearm, or
  • you were unaware that you engaged in one of the above mentioned transactions (perhaps someone borrowed your lawfully permitted assault weapon without your knowledge)...

then you are not liable of this offense.

You also must have known... or reasonably should have known... that the weapon had the characteristics that made the weapon an assault weapon."12

This knowledge will generally be presumed if the assault weapon that you manufacture, sell, or possess displays its manufacturer's make / model number.  If these marks are clearly identifiable, then it is your legal duty to inquire as to whether it is one of the assault weapons listed under Penal Code sections 30510 or 30515 PC.

This means that if you (1) have a sufficient opportunity to examine the weapon, and (2) can identify the markings, the failure to determine whether the weapon is, in fact, an illegal assault weapon, will weigh against you.

Courts have held that this rule satisfies the "should have known" mental element required for prosecution under this law.  However, if your possession of the weapon was

  • for a very brief period,
  • the markings on the weapon were very obscure, or
  • the weapon resembled an otherwise legal firearm and you couldn't tell just by looking at it that it was an assault weapon,

you may successfully be able to claim that you didn't know and had no reason to know that the weapon was an illegal.13

1.5. Penal Code 16590 PC distinguished

Penal Code 30600 PC deals exclusively with assault weapons and .50 BMG rifles.

It is a separate and distinct offense from Penal Code 16590 PC, California's law against manufacturing, selling, and/or possessing generally prohibited weapons.

"Generally prohibited weapons" include a variety of other firearms as well as other "deadly weapons" such as nun chucks, "brass knuckles" and dirks and daggers.14

Illegal firearms under California Penal Code 16590 PC include (but are not limited to):

  • short-barreled rifles and short-barreled shotguns,
  • cane guns,
  • wallet guns,
  • unconventional pistols,
  • undetectable firearms, and
  • zip guns.15
Img-zip-gun

Illegal "zip" gun

2. Legal defenses

Fortunately, there are a number of California legal defenses that are applicable to Penal Code 30600 PC.  An experienced criminal defense lawyer can present these on your behalf.  The following are some examples.

2.1. The weapon was discovered during an illegal search and seizure

Weapons charges frequently stem from police investigations that oftentimes have little or nothing to do with firearms.  The cops could discover your assault weapon while:

  • searching your home for drugs,
  • searching your car after a DUI, or
  • searching your person following an arrest for Penal Code 459 PC burglary.16
Img-motion-drug-search

Regardless of the circumstances that led the cops to discover your weapon, they can only legally arrest, or seize your property, if they have:

And as San Bernardino criminal defense attorney Michael Scafiddi17 explains:

"If law enforcement fails to adhere to any one of these steps, your California criminal defense lawyer will argue that the assault weapon was discovered and confiscated during an illegal search and seizure in violation of your Fourth Amendment constitutional rights."18

And when you can convince the prosecutor and/or judge that this is the case, it is very likely that the court will dismiss your Penal Code 30600 PC charges.

2.2. Entrapment

Entrapment serves as a valid legal defense when you can prove that you violated the law only because the police persuaded, lured, or coerced you into doing so.

Example: An angry undercover cop enters your gun shop looking to buy an Uzi.  You are very clear that you don't sell them because they're illegal.  He asks if you can get one for him from another supplier, and you repeat that they're illegal and tell him that you can't.
Img-undercover-cop-sell-gun

The undercover continues to ask you repeatedly, and offers you more and more money to obtain the weapon for him. He even tells you he's a website designer, and offer to build you an elaborate website if you help him out.

Given these circumstances, you could argue that you were entrapped into violating Penal Code 30600 PC and should therefore be absolved of your criminal culpability.19<>

But...

Let's instead say that a not so angry undercover cop enters your store and makes the same request.  This time you tell him you don't have the Uzi to sell him, but you can get it from someone else and that he should come back in a week.

Under these circumstances, an entrapment defense is unlikely.  Although the cop was the one who initiated the discussion about the illegal weapon, you willingly agreed to supply him with one.  Because you voluntarily agreed without being forced, coerced, or persuaded into doing so, this would not give rise to a proper entrapment defense.

2.3. Police misconduct

Img-lynch

Along these same lines, if the police...for whatever reason...

  • "plant" or "fabricate" evidence,
  • coerce your confession,
  • discover your weapon in an illegal search (that is, without a valid California search warrant, without your consent, or outside the scope of a lawful arrest), or
  • in any other way violate your civil rights...

then such police misconduct may override your alleged criminal acts, and your charges could be dismissed.

3. People and weapons exempt from prosecution
Img-police-rifle-gun

In addition to the above legal defenses, there are a number of exceptions to Penal Code 30600 PC that are built directly into California's law against assault weapons.  If you can prove that you fall within one of these exceptions, your charges should be dismissed.Some of these exceptions include (but are not limited to):

  • transactions that involve law enforcement agencies,20
  • situations in which you lawfully possessed the assault weapon before it was classified as such,21
  • persons who hold permits to possess assault weapons or .50 BMG rifles (NOTE: these permits are different from concealed weapons' permits, authorized under Penal Code 26150 and 26155 PC -- concealed weapons' permits do not generally apply to assault weapons),22
  • manufacturing or selling by those who hold permits to do so to others who hold permits authorizing them to possess these weapons,23
  • executors or administers of estates holding such firearms,24
  • certain activities involving target shooting and/or law enforcement approved firearm exhibitions,25
  • non-California residents who are travelling to/from an organized competitive match or league competition that involves the use of an assault weapon,26 and
  • people who lawfully owned their .50 BMG rifles prior to January 1, 2005 during specific timeframes prior to May 1, 2006.27

Even these exceptions have very specific conditions and requirements, which is why it is critical to consult with a California criminal defense attorney who thoroughly understands California's gun laws.

3.1. Gun registration

Img-army-gun-point

It is important to understand that there is no current legal way for an individual other than a member of the U.S. military or a peace officer to acquire and register an assault weapon or .50 BMG rifle.

The deadline to register these types of weapons that are listed under Penal Code 30510 PC (known as the Roberti-Roos Assault Weapons Control Act of 1989) expired in 2001.  Persons whose weapons are currently registered are still able to renew their registration on a yearly basis, however the government is no longer registering new weapons.

4. Penalties

4.1. Felony sentencing

Img-fraud-conveyance-prison

If prosecutors convict you of manufacturing, distributing, transporting, selling, giving away or lending assault weapons or .50 BMG rifles, you face a felony punishable by four, six, or eight years in the California State Prison for each illegal weapon involved in the transaction.28

In addition, if you engage in any of these transactions with a minor (that is, a person under 18), you face an additional and consecutive one-year in prison.29

4.2. "Wobbler" sentencing for possessing assault weapons

Possession of assault weapons is what's known as a "wobbler ". When an offense is a wobbler, it means that prosecutors can choose to charge you with the crime as either a misdemeanor or a felony, depending on:

  1. the facts of the case, and
  2. your criminal history.

If convicted of misdemeanor possession of an assault weapon, you face up to one year in a county jail and a maximum $1,000 fine.

If convicted of felony possession of an assault weapon, you face 16 months, or two or three years in the state prison and a maximum $10,000 fine.30

Img-rape-money


4.3. Infraction Sentencing

If you are convicted of your first 30600 PC offense for possessing no more than two previously registered assault weapons or .50 BMG rifles and

  1. you lawfully possessed the assault weapon(s) prior to classification as an assault weapon or lawfully possessed the .50 BMG rifle prior to January 1, 2005,
  2. you violated this law within one year of the end of the one-year registration period for the weapon(s), and
  3. you relinquished your weapon(s) to law enforcement officers,

you face an infraction, subject to a maximum $500 fine.31

4.4. Possession of a .50 BMG rifle

Img-gavel-money

Possessing a .50 BMG rifle is a straight misdemeanor.  A conviction subjects you to up to one year in a county jail and a maximum $1,000 fine.32

4.5. Additional sentencing factors

If you violate Penal Code 30600 PC, California's law against manufacturing, selling, and/or possessing assault weapons or .50 BMG rifles in connection with another offense, prosecutors have two options:

  1. they can charge you with each crime separately, or
  2. they can charge you with the assault weapon, the underlying offense, and charge you with a sentencing enhancement.

If prosecutors choose the second option, you face a one-year state prison sentence in addition and consecutive to the penalty you receive for the Penal Code 30600 PC conviction and to the underlying offense, including any other sentencing enhancements you receive for that conviction.33

In addition, if you are accused of using the assault weapon or .50 BMG rifle, you face an additional and consecutive three to ten-year state prison sentence under Penal Code 12022 PC, California's sentencing enhancement relating to the personal use of a firearm during the commission of a felony.34

Img-elder-abuse-jail

4.6. Loss of weapon(s)

In addition to all of the above penalties, a violation of California's laws against assault weapons may result in the loss of the weapon(s).  If you are convicted of using or possessing an assault weapon or .50 BMG rifle, it will likely be destroyed.

In lieu of criminal prosecution, your California criminal defense attorney may be able to convince the prosecution to allow you to pay a civil fine and to simply forfeit your weapon(s).35

4.7. California firearm offenses and immigration

Img-concealed-ice

If you are a legal immigrant or legal alien, a firearms conviction could additionally lead to your deportation.36 For more information about how California's firearm laws affect aliens, please visit our article on California crimes that lead to deportation.

4.8. Expunging your record

If you are granted probation in a misdemeanor or felony case, you may expunge your California criminal record once you successfully complete the probationary period.  However, the judge can deny you an expungement if you suffer a probation violation or fail to adhere to all the terms and conditions of probation.37

Bear in mind that while an expungement will help clear your criminal record, it will not restore your right to own or possess a firearm if you have been otherwise banned from doing so.38

4.9. Your right to own/possess firearms

A misdemeanor conviction won't by itself revoke your right to own or possess a firearm.  But if you are convicted as a felony, you will be prohibited from purchasing, receiving, owning, or possessing a firearm for life.39

If you are convicted of a felony under the "wobbler" subdivision of PC 30600...and you successfully have the felony reduced to a misdemeanor...your gun rights will be restored.

Otherwise, there is no other way to restore your California gun rights.  Even a certificate of rehabilitation and/or a governor's pardon does not restore firearm rights to someone who has been convicted of a felony that involves the use of a dangerous weapon.  This definition clearly includes assault weapons and .50 BMG rifles.40

5. Related offenses

There are a variety of additional California gun laws that relate to the assault weapon law.  Some of these include (but are not limited to):

5.1. Penal Code 25400 PC, carrying a concealed weapon

Img-concealed-gun-pocket

Penal Code 25400 PC, California's "carrying a concealed weapon" law prohibits carrying a "pistol, revolver, or other firearm capable of being concealed upon a person" either on your person or in a vehicle.41

If you are accused of carrying a concealed assault weapon on your person or in your car, prosecutors may charge you with carrying a concealed weapon and possessing an assault weapon under Penal Code 30600 PC.

5.2. Penal Code 25850 PC, carrying a loaded weapon

Img-carrying-loaded-weapon-rifle

Similarly, if you are accused of carrying a loaded assault weapon or a .50 BMG rifle, prosecutors may charge you with this, plus Penal Code 25850 PC, California's law against carrying a loaded weapon.42

5.3. Penal Code 417 PC, brandishing a weapon

Img-brandishing-assault-weapon

Penal Code 417 PC, California's "brandishing a weapon" law prohibits you from drawing, exhibiting, or using a weapon in a "rude, angry, or threatening manner".43 This means that if you brandish an assault weapon, prosecutors may charge you with PC 30600 as well as brandishing a weapon under California Penal Code 417 PC.

5.4. Penal Code 245(a)(2), assault with a firearm

Penal Code 245(a)(2) PC is California's "assault with a firearm" law.  If prosecutors charge you with possessing an assault weapon and with assaulting another person with it, you face a four, eight, or twelve-year prison sentence under California's assault with a firearm law.44

5.5. Penal Code 26500 PC, the unlicensed sale of firearms

If you are accused of selling an assault weapon or .50 BMG rifle but do not have a license to sell legal firearms, prosecutors could opt to charge you under Penal Code 26500 PC, California's law against the unlicensed sale of firearms in addition to 12028 PC.45

5.6. Penal Code 29800 PC, felon with a firearm

Img-gun-handcuffs

If you are convicted as a felony, you will automatically be prohibited from owning, possessing, purchasing, or receiving a firearm under Penal Code 29800 PC, California's "felon with a firearm" law.46 This law imposes a lifetime firearms ban on anyone who is convicted of a felony.

5.7. Penal Code 487(d)(2) PC, grand theft firearm

Penal Code 487(d)(2), PC, California's law against "grand theft firearm" prohibits stealing firearms.47 If you steal an assault weapon, prosecutors will likely charge you with grand theft firearm (commonly referred to as GTF) and illegal possession of the weapon.

Call us for help...
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If you or loved one is charged with Penal Code 30600 PC assault weapons and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

Additionally, our Las Vegas Nevada criminal defense attorneys represent clients accused of violating Nevada's firearm and weapons laws.  For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.

Legal References:

1 California Penal Code 30600 PC – laws re assault weapons -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles.   (a) Any person who, within this state, manufactures orcauses to be manufactured, distributes, transports, or imports intothe state, keeps for sale, or offers or exposes for sale, or whogives or lends any assault weapon or any .50 BMG rifle, except asprovided by this chapter, is guilty of a felony, and upon convictionshall be punished by imprisonment pursuant to subdivision (h) ofSection 1170 for four, six, or eight years.
(b) In addition and consecutive to the punishment imposed undersubdivision (a), any person who transfers, lends, sells, or gives anyassault weapon or any .50 BMG rifle to a minor in violation ofsubdivision (a) shall receive an enhancement of imprisonment pursuantto subdivision (h) of Section 1170 of one year.
(c) Except in the case of a first violation involving not morethan two firearms as provided in Sections 30605 and 30610, forpurposes of this article, if more than one assault weapon or .50 BMGrifle is involved in any violation of this article, there shall be adistinct and separate offense for each.

2 California Penal Code 30655 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles.   (a) Section 30600 shall not apply to a person who is theexecutor or administrator of an estate that includes an assaultweapon or a .50 BMG rifle registered under Article 5 (commencing withSection 30900) or that was possessed pursuant to subdivision (a) ofSection 30630 that is disposed of as authorized by the probate court,if the disposition is otherwise permitted by this chapter.
(b) Sections 30605 and 30610 shall not apply to a person who isthe executor or administrator of an estate that includes an assaultweapon or a .50 BMG rifle registered under Article 5 (commencing withSection 30900) or that was possessed pursuant to subdivision (a) ofSection 30630, if the assault weapon or .50 BMG rifle is possessed ata place set forth in subdivision (a) of Section 30945 or asauthorized by the probate court.

3 Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier.  We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

4 Judicial Council of California Criminal Jury Instruction (CALCRIM 2560) – Laws re manufacturing, selling, and/or possessing assault weapons -- To prove that the defendant is guilty of this crime, the People mustprove that:
1. The defendant (possessed/manufactured/caused to bemanufactured/distributed/transported/imported/kept for sale/offered or exposed for sale/gave/lent) (an assault weapon,specifically [a/an] <insert type of weapon from Pen.Code, § 30510 or description from § 30515>/a .50 BMG rifle);
2. The defendant knew that (he/she)(possessed/manufactured/caused to be manufactured/distributed/transported/imported/kept for sale/offered or exposed for sale/gave/lent) it;AND
3. The defendant knew or reasonably should have known that ithad characteristics that made it (an assault weapon/a .50 BMGrifle).

5 CALCRIM 2560 -- Manufacturing, selling, and/or possessing assault weapons.  – [Two or more people may possess something at the same time.] [A person does not have to actually hold or touch something to possess it. It is enough if the person has (control over it/ [or] the right to control it), either personally or through another person.]

6 "The Attorney General maintains the weapons listed in section 12276 [now section 30600] are ‘highly dangerous offensive weapons which are unambiguously hazardous. Assault weapons are typically used by soldiers in a war..."

California Penal Code 30600 PC replaced Penal Code 12276, without substantive change, effective January 1, 2012.

7California Penal Code 30510 PC -- Assault weapons.

8California Penal Code 30515 PC -- Assault weapons; further definition.

9 See same.

10 CALCRIM 2560 – Manufacturing, selling, and/or possessing assault weapons or .50 BMG rifles.

[A .50 BMG rifle is a center fire rifle that can fire a .50 BMG cartridge [and that is not an assault weapon or a machine gun].

[A .50 BMG cartridge is a cartridge that is designed and intended to be fired from a center fire rifle and that has all three of the following characteristics: 1 The overall length is 5.54 inches from the base of the cartridge to the tip of the bullet; 2 The bullet diameter for the cartridge is from .510 to, and including, .511 inch; AND 3 The case base diameter for the cartridge is from .800 inch to, and including, .804 inch.]

11 See CALCRIM 2560, endnote 4, above.

12 See same.

See also, In re Jorge M. (2000) 23 Cal.4th 866 ("Effective enforcement of [the Assault Weapons Control Act] demands... that a conviction be obtainable upon proof of negligent failure to know, as well as actual knowledge of, the weapon's salient characteristics; the People must prove, that is, that a defendant charged with possessing an unregistered assault weapon knew or reasonably should have known the characteristics of the weapon bringing it within the registration requirements of the AWCA.").

13 In re Jorge M. (2000), endnote 12, above.  ("In most instances the fact a firearm is of a make and model listed in [Penal Code] section 12276 [now PC 30510, defining California's assault weapons laws], or added [as an assault weapon] pursuant to section 12276.5 [now PC 30515], can be expected to be sufficiently plain on examination of the weapon so that evidence of the markings, together with evidence the accused possessor had sufficient opportunity to examine the firearm, will satisfy a knew-or-should-have-known requirement...The exceptional cases in which the salient characteristics of the firearm are extraordinarily obscure, or the defendant's possession of the gun was so fleeting or attenuated as not to afford an opportunity for examination, would appear to be instances of largely innocent possession that, as discussed above, the Legislature presumably did not intend to be subject to felony punishment.")

14 The  California Penal Code laws prohibits manufacturing, selling, and/or possessing certain dangerous weapons absent very specific circumstances. Firearms covered by these law against "generally prohibited" weapons include:

  • camouflaging firearm container: California Penal Code 24310 PC;
  • cane gun: California Penal Code 24410 PC;
  • firearm not immediately recognizable as a firearm: Penal Code 24510 PC;
  • large-capacity magazine: California Penal Code 32310 PC;
  • multiburst trigger activator: California Penal Code 32900 PC;
  • short-barreled rifle or short-barreled shotgun: California Penal Code 33215 PC;
  • unconventional pistol:  California Penal Code 31500 PC
  • undetectable firearm: California Penal Code 24610 PC
  • wallet gun: California Penal Code 24710 PC; and
  • zip gun: California Penal Code 33600.

15 See same.

16 The Shouse Law Firm has decades of experience representing clients accused of all California crimes.  Whether the charge is DUI, Penal Code 459 PC burglary, or any other offense, we're here to help.

17 San Bernardino criminal defense lawyer Michael Scafiddi represents clients accused of violating Penal Code 30600 PC as well as all other California gun offenses throughout San Bernardino and Riverside Counties.

18 Your Fourth Amendment constitutional rights protect you from unreasonable searches and seizures. If an officer searches you, your car, your business, or your home without a valid California search warrant or probable cause to detain you, that officer may violate your Fourth Amendment rights.

19 People v. West (1956) 139 Cal.App.2d Supp. 923, 924. ("Entrapment is the conception and planning of an offense by an officer and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer. Persuasion or allurement must be used to entrap.")

20 California Penal Code 30625 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles laws -- Sections 30600, 30605, and 30610 shall not apply to the saleto, purchase by, importation of, or possession of assault weapons ora .50 BMG rifle by the Department of Justice, police departments,sheriffs' offices, marshals' offices, the Department of Correctionsand Rehabilitation, the Department of the California Highway Patrol,district attorneys' offices, the Department of Fish and Game, theDepartment of Parks and Recreation, or the military or naval forcesof this state or of the United States, or any federal law enforcementagency for use in the discharge of their official duties.

See also California Penal Code 30630 PC.
(a) Sections 30605 and 30610 shall not prohibit the possession or use of assault weapons or a .50 BMG rifle by sworn peace officer members of those agencies specified in Section 30625 for law enforcement purposes, whether on or off duty.
(b) (1) Sections 30600, 30605, and 30610 shall not prohibit thesale, delivery, or transfer of an assault weapon or a .50 BMG rifleto, or the possession of an assault weapon or a .50 BMG rifle by, asworn peace officer member of an agency specified in Section 30625 ifthe peace officer is authorized by the officer's employer to possessor receive the assault weapon or the .50 BMG rifle. Requiredauthorization is defined as verifiable written certification from thehead of the agency, identifying the recipient or possessor of theassault weapon as a peace officer and authorizing that person toreceive or possess the specific assault weapon...

21 California Penal Code 30635 PC -- Section 30605 shall not apply to the possession of anassault weapon during the 90-day period immediately after the date itwas specified as an assault weapon pursuant to former Section12276.5, as that section read in Section 3 of Chapter 19 of theStatutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990,or Section 3 of Chapter 954 of the Statutes of 1991, or during theone-year period after the date it was defined as an assault weaponpursuant to former Section 12276.1, as that section read at any timefrom when it was enacted by Section 7 of Chapter 129 of the Statutesof 1999 to when it was repealed by the Deadly Weapons RecodificationAct of 2010, if all of the following are applicable:
(a) At the time of the possession in question, the person waseligible under the then-applicable version of former Chapter 2.3(commencing with Section 12275) of Title 2 of Part 4 to register theparticular assault weapon.
(b) The person lawfully possessed the particular assault weaponprior to the date it was specified as an assault weapon pursuant toformer Section 12276.5, or prior to the date it was defined as anassault weapon pursuant to former Section 12276.1.
(c) At the time of the possession in question, the person wasotherwise in compliance with the then-applicable version of formerChapter 2.3 (commencing with Section 12275) of Title 2 of Part 4.

22 California Penal Code 30670 PC.(a) Section 30600 laws shall not apply to the importation into this state of an assault weapon or a .50 BMG rifle by the registered owner of that assault weapon or a .50 BMG rifle if it is inaccordance with the provisions of Section 30945.
(b) Section 30600 shall not apply during the first 180 days of the2005 calendar year to the importation into this state of a .50 BMGrifle by a person who lawfully possessed that .50 BMG rifle in thisstate prior to January 1, 2005.

California Penal Code 30675 PC.   (a) Sections 30605 and 30610 shall not apply to any of thefollowing persons:
(1) A person acting in accordance with Section 31000 or 31005.
(2) A person who has a permit to possess an assault weapon or a .50 BMG rifle issued pursuant to Section 31000 or 31005 when thatperson is acting in accordance with Section 31000 or 31005 or Article5 (commencing with Section 30900).
(b) Sections 30600, 30605, and 30610 shall not apply to any of thefollowing persons:
(1) A person acting in accordance with Article 5 (commencing withSection 30900).
(2) A person acting in accordance with Section 31000, 31005,31050, or 31055.
(c) Sections 30605 and 30610 shall not apply to the registeredowner of an assault weapon or a .50 BMG rifle possessing that firearmin accordance with Section 30945.

Concealed weapons' permits, authorized under Penal Code 26150 and 26155 PC, do not apply to assault weapons which are considered per se illegal unless you fall within one of the above-listed exceptions.

23 California Penal Code 30645 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles -- Sections 30600, 30605, and 30610 shall not apply to themanufacture by any person who is issued a permit pursuant to Section31005 of assault weapons or .50 BMG rifles for sale to the following:
(a) Exempt entities listed in Section 30625.
(b) Entities and persons who have been issued permits pursuant toSection 31000 or 31005.
(c) Federal military and law enforcement agencies.
(d) Law enforcement and military agencies of other states.
(e) Foreign governments and agencies approved by the United StatesState Department.
(f) Entities outside the state who have, in effect, a federalfirearms dealer's license solely for the purpose of distribution toan entity listed in subdivisions (c) to (e), inclusive.

24 California Penal Code 30655 PC – Laws re manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles.
(a) Section 30600 shall not apply to a person who is theexecutor or administrator of an estate that includes an assaultweapon or a .50 BMG rifle registered under Article 5 (commencing withSection 30900) or that was possessed pursuant to subdivision (a) ofSection 30630 that is disposed of as authorized by the probate court,if the disposition is otherwise permitted by this chapter.
(b) Sections 30605 and 30610 shall not apply to a person who isthe executor or administrator of an estate that includes an assaultweapon or a .50 BMG rifle registered under Article 5 (commencing withSection 30900) or that was possessed pursuant to subdivision (a) ofSection 30630, if the assault weapon or .50 BMG rifle is possessed ata place set forth in subdivision (a) of Section 30945 or asauthorized by the probate court.

25 California Penal Code 30660 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles.
(a) Section 30600 shall not apply to a person who lawfullypossesses and has registered an assault weapon or .50 BMG riflepursuant to this chapter who lends that assault weapon or .50 BMGrifle to another person, if all the following requirements aresatisfied:
(1) The person to whom the assault weapon or .50 BMG rifle is lentis 18 years of age or over and is not prohibited by state or federallaw from possessing, receiving, owning, or purchasing a firearm.
(2) The person to whom the assault weapon or .50 BMG rifle is lentremains in the presence of the registered possessor of the assaultweapon or .50 BMG rifle.
(3) The assault weapon or .50 BMG rifle is possessed at any of thefollowing locations:
(A) While on a target range that holds a regulatory or businesslicense for the purpose of practicing shooting at that target range.
(B) While on the premises of a target range of a public or privateclub or organization organized for the purpose of practicingshooting at targets.
(C) While attending any exhibition, display, or educationalproject that is about firearms and that is sponsored by, conductedunder the auspices of, or approved by a law enforcement agency or anationally or state recognized entity that fosters proficiency in, orpromotes education about, firearms.
(b) Section 30600 shall not apply to the return of an assaultweapon or .50 BMG rifle to the registered possessor, or the lawfulpossessor, which is lent by that registered or lawful possessorpursuant to subdivision (a).
(c) Sections 30605 and 30610 shall not apply to the possession ofan assault weapon or .50 BMG rifle by a person to whom an assaultweapon or .50 BMG rifle is lent pursuant to subdivision (a).

26 California Penal Code 30665 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles - Sections 30600, 30605, and 30610 shall not apply to thepossession and importation of an assault weapon or a .50 BMG rifleinto this state by a nonresident if all of the following conditionsare met:
(a) The person is attending or going directly to or comingdirectly from an organized competitive match or league competitionthat involves the use of an assault weapon or a .50 BMG rifle.
(b) The competition or match is conducted on the premises of oneof the following:
(1) A target range that holds a regulatory or business license forthe purpose of practicing shooting at that target range.
(2) A target range of a public or private club or organizationthat is organized for the purpose of practicing shooting at targets.
(c) The match or competition is sponsored by, conducted under theauspices of, or approved by, a law enforcement agency or a nationallyor state recognized entity that fosters proficiency in, or promoteseducation about, firearms.
(d) The assault weapon or .50 BMG rifle is transported inaccordance with Section 25610 or Article 3 (commencing with Section25505) of Chapter 2 of Division 5.
(e) The person is 18 years of age or over and is not in a class ofpersons prohibited from possessing firearms by virtue of Chapter 2(commencing with Section 29800) or Chapter 3 (commencing with Section29900) of Division 9 of this code or Section 8100 or 8103 of theWelfare and Institutions Code.

27 California Penal Code 30640 PC -- Section 30610 shall not apply to the possession of a .50 BMGrifle, which was not defined or specified as an assault weaponpursuant to the then-applicable version of the former Chapter 2.3(commencing with Section 12275) of Title 2 of Part 4 that was addedto this code by Section 3 of Chapter 19 of the Statutes of 1989, byany person prior to May 1, 2006, if all of the following areapplicable:
(a) At the time of the possession in question, the person waseligible under the then-applicable version of former Chapter 2.3(commencing with Section 12275) of Title 2 of Part 4 to register that.50 BMG rifle.
(b) The person lawfully possessed the .50 BMG rifle prior toJanuary 1, 2005.
(c) At the time of the possession in question, the person wasotherwise in compliance with the then-applicable version of formerChapter 2.3 (commencing with Section 12275) of Title 2 of Part 4.

See also California Penal Code 30670(b) -- Section 30600 shall not apply during the first 180 days of the2005 calendar year to the importation into this state of a .50 BMGrifle by a person who lawfully possessed that .50 BMG rifle in thisstate prior to January 1, 2005.

28 California Penal Code 30600 PC.    (a) Any person who, within this state, manufactures orcauses to be manufactured, distributes, transports, or imports intothe state, keeps for sale, or offers or exposes for sale, or whogives or lends any assault weapon or any .50 BMG rifle, except asprovided by this chapter, is guilty of a felony, and upon convictionshall be punished by imprisonment pursuant to subdivision (h) ofSection 1170 for four, six, or eight years.
...(c) Except in the case of a first violation involving not morethan two firearms as provided in Sections 30605 and 30610, forpurposes of this article, if more than one assault weapon or .50 BMGrifle is involved in any violation of this article, there shall be adistinct and separate offense for each.

29 California Penal Code 30600(b) -- In addition and consecutive to the punishment imposed undersubdivision (a), any person who transfers, lends, sells, or gives anyassault weapon or any .50 BMG rifle to a minor in violation ofsubdivision (a) shall receive an enhancement of imprisonment pursuantto subdivision (h) of Section 1170 of one year.

30 California Penal Code 30605 PC.   (a) Any person who, within this state, possesses any assaultweapon, except as provided in this chapter, shall be punished byimprisonment in a county jail for a period not exceeding one year, orby imprisonment pursuant to subdivision (h) of Section 1170.
See also Penal Code 18 PC -- Punishment for felony not otherwise prescribed; alternate sentence to county jail.  Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony, or to be punishable by imprisonment in a state prison, is punishable by imprisonment in any of the state prisons for 16 months, or two or three years; provided, however, every offense which is prescribed by any law of the state to be a felony punishable by imprisonment in any of the state prisons or by a fine, but without an alternate sentence to the county jail, may be punishable by imprisonment in the county jail not exceeding one year or by a fine, or by both.
See also California Penal Code 672 PC -- Offenses for which no fine prescribed; fine authorized in addition to imprisonment.
Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.

31 California Penal Code 30605(b) -- Notwithstanding subdivision (a), a first violation of theseprovisions is punishable by a fine not exceeding five hundred dollars($500) if the person was found in possession of no more than twofirearms in compliance with Section 30945 and the person meets all ofthe following conditions:
(1) The person proves that he or she lawfully possessed theassault weapon prior to the date it was defined as an assault weapon.
(2) The person has not previously been convicted of a violation ofthis article.
(3) The person was found to be in possession of the assault weaponwithin one year following the end of the one-year registrationperiod established pursuant to Section 30900.
(4) The person relinquished the firearm pursuant to Section 31100,in which case the assault weapon shall be destroyed pursuant toSections 18000 and 18005.

32 California Penal Code 30610 (a) -- Any person who, within this state, possesses any .50 BMGrifle, except as provided in this chapter, shall be punished by afine of one thousand dollars ($1,000), imprisonment in a county jailfor a period not to exceed one year, or by both that fine andimprisonment.

33 California Penal Code 30615 PC – California assault weapons laws -- Notwithstanding Section 654 or any other provision of law,any person who commits another crime while violating this article mayreceive an additional, consecutive punishment of one year forviolating this article, in addition and consecutive to thepunishment, including enhancements, which is prescribed for the othercrime.

See also CALCRIM 2561 -- Manufacturing, selling, and/or possessing assault weapons while committing another offense.

Give this instruction if the defendant is charged with a separate count for violating Penal Code section 12280 and an enhancement for violating Penal Code section 12280 while committing another crime. (Pen. Code, 12280(d); People v. Jimenez, supra, 8 Cal.App.4th at p. 398.) This instruction must be given with CALCRIM No. 2560, Possession, etc., of Assault Weapon or .50 BMG Rifle, and the appropriate instruction defining the elements of the other offense charged.

34Penal Code 12022.5 -- Personal use of an assault weapon or .50 BMG rifle during the commission of a felony.
(a) Except as provided in subdivision (b), any person who personally uses a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for 3, 4, or 10 years, unless use of a firearm is an element of that offense.
(b) Notwithstanding subdivision (a), any person who personally uses an assault weapon, as specified in Section 12276 or Section 12276.1, or a machinegun, as defined in Section 12200, in the commission of a felony or attempted felony, shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 6, or 10 years.

35 California Penal Code 30800 PC.
(a) (1) Except as provided in Article 2 (commencing withSection 30600), possession of any assault weapon or of any .50 BMGrifle in violation of this chapter is a public nuisance, solely forpurposes of this section and subdivision (c) of Section 18005.
(2) The Attorney General, any district attorney, or any cityattorney, may, in lieu of criminal prosecution, bring a civil actionor reach a civil compromise in any superior court to enjoin thepossession of the assault weapon or .50 BMG rifle that is a publicnuisance.
(b) Upon motion of the Attorney General, district attorney, orcity attorney, a superior court may impose a civil fine not to exceedthree hundred dollars ($300) for the first assault weapon or .50 BMGrifle deemed a public nuisance pursuant to subdivision (a) and up toone hundred dollars ($100) for each additional assault weapon or .50BMG rifle deemed a public nuisance pursuant to subdivision (a).
(c) Any assault weapon or .50 BMG rifle deemed a public nuisanceunder subdivision (a) shall be destroyed in a manner so that it mayno longer be used, except upon a finding by a court, or a declarationfrom the Department of Justice, district attorney, or city attorneystating that the preservation of the assault weapon or .50 BMG rifleis in the interest of justice.
(d) Upon conviction of any misdemeanor or felony involving theillegal possession or use of an assault weapon, the assault weaponshall be deemed a public nuisance and disposed of pursuant tosubdivision (c) of Section 18005.

36 8 U.S. Code Section 1227(a) Classes of deportable aliens.  Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens...(2) Criminal offenses...(C) Certain firearm offenses -- Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18) in violation of any law is deportable.

Because Penal Code 30600 PC involves selling and possessing assault weapons and/or .50 BMG rifles, it is a California crime that may lead to deportation.

37 See California Penal Code 1203.4 PC -- Change of plea.

This section outlines the procedures by which a defendant can expunge his California Penal Code 30600 PC "manufacturing, possessing, and/or selling assault weapons or .50 BMG rifles" conviction from his criminal record.

38 California Penal Code 1203.4(a)(2) -- Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her convictionunder Chapter 2 (commencing with Section 29800) of Division 9 ofTitle 4 of Part 6.

39 California Penal Code 29800 PC -- Unlawful possession of a firearm.     (a) (1) Any person who has been convicted of a felony underthe laws of the United States, the State of California, or any otherstate, government, or country, or of an offense enumerated insubdivision (a), (b), or (d) of Section 23515, or who is addicted tothe use of any narcotic drug, and who owns, purchases, receives, orhas in possession or under custody or control any firearm is guiltyof a felony.
(2) Any person who has two or more convictions for violatingparagraph (2) of subdivision (a) of Section 417 and who owns,purchases, receives, or has in possession or under custody or controlany firearm is guilty of a felony.
(b) Notwithstanding subdivision (a), any person who has beenconvicted of a felony or of an offense enumerated in Section 23515,when that conviction results from certification by the juvenile courtfor prosecution as an adult in an adult court under Section 707 ofthe Welfare and Institutions Code, and who owns or has in possessionor under custody or control any firearm is guilty of a felony.
(c) Subdivision (a) shall not apply to a person who has beenconvicted of a felony under the laws of the United States unlesseither of the following criteria is satisfied:
(1) Conviction of a like offense under California law can onlyresult in imposition of felony punishment.
(2) The defendant was sentenced to a federal correctional facilityfor more than 30 days, or received a fine of more than one thousanddollars ($1,000), or received both punishments.

40 California Penal Code 4852.17 PC -- ...Whenever a person is granted a full and unconditional pardon by the Governor, based upon a certificate of rehabilitation, the pardon shall entitle the person to exercise thereafter all civil and political rights of citizenship, including, but not limited to: (1) the right to vote; (2) the right to own, possess, and keep any typeof firearm that may lawfully be owned and possessed by othercitizens; except that this right shall not be restored, and Sections17800 and 23510 and Chapter 2 (commencing with Section 29800) ofDivision 9 of Title 4 of Part 6 shall apply, if the person was everconvicted of a felony involving the use of a dangerous weapon.

See also California Penal Code 4854 PC -- In the granting of a pardon to a person, the Governor may provide that the person is entitled to exercise the right to own, possess, and keep any type of firearm that may lawfully be owned andpossessed by other citizens; except that this right shall not berestored, and Sections 17800 and 23510 and Chapter 2 (commencing withSection 29800) of Division 9 of Title 4 of Part 6 shall apply, ifthe person was ever convicted of a felony involving the use of adangerous weapon.

41 California Penal Code 12025 (a) -- A person is guilty of carrying a concealed firearm when he or she does any of the following: (1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person. (2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person. (3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

42 California Penal Code 25850(a)(1) -- A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.

43 California Penal Code 417(a)(1) -- Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days.

If you violate this law with an assault weapon or .50 BMG rifle prohibited under Penal Code 30600 PC, prosecutors could charge you with this offense and possessing an assault weapon or .50 BMG rifle in violation of Penal Code 30600 PC.

44 California Penal Code 245(a)(3) -- Any person who commits an assault upon the person of another with a machinegun, as defined in Section 12200, or an assault weapon, as defined in Section 12276 or 12276.1, or a .50 BMG rifle, as defined in Section 12278, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.

45 California Penal Code 26500 PC.
(a) No person shall sell, lease, or transfer firearms unlessthe person has been issued a license pursuant to Article 1(commencing with Section 26700) and Article 2 (commencing withSection 26800) of Chapter 2.
(b) Any person violating this article is guilty of a misdemeanor.

46 California Penal Code 29800 PC, endnote 39, above.

47 California Penal Code 487(d)(2) -- Grand theft is theft committed in any of the following cases:...(d) When the property taken is any of the following...(2) A firearm.

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