California Penal Code § 30305(a)(1) PC prohibits you from possessing ammunition if you are a convicted felon or otherwise banned from having firearms. Unlawful possession of ammunition can be charged as a misdemeanor or a felony at the prosecutor’s discretion.
This chart shows the possible sentencing ranges.
Possession of Ammunition Crime | California Penalties |
Misdemeanor | Up to 1 year in jail and/or $1,000 |
Felony | 16 months, 2 years or 3 years in prison and/or $10,000 |
PC 30305(a)(1) is often referred to as
- felon in possession of ammunition or
- unlawful possession of ammunition by a convicted felon or
- prohibited person in possession of ammunition.
The following graphic illustrates the people banned from possessing firearms and ammunition.
Below our California criminal defense attorneys discuss what you need to know about ammunition possession by felons or other prohibited persons. Click on a topic to jump to that section.
- 1. Elements of the Crime
- 2. Defenses
- 3. Penalties
- 4. Related Crimes
- 5. Federal Law
- Additional Resources
1. Elements of the Crime
California Criminal Jury Instruction “CALCRIM” 2591 spells out the elements of “possession of ammunition by a prohibited person.” For you to be convicted of violating PC 30305(a)(1), prosecutors must prove beyond a reasonable doubt these three elements.1
- you owned, possessed, or had in your custody any ammunition,
- you knew that you owned, possessed, or had custody of the ammunition, and
- you were prohibited from owning or possessing the ammunition.2
Let’s delve into these elements below.
What is Ammunition?
“Ammunition” includes a:
- bullet,
- cartridge,
- magazine,
- clip,
- speed loader,
- autoloader, or
- projectile capable of being fired from a firearm with a deadly consequence.
Ammunition also includes reloaded ammunition.3 Further, it does not matter what type of gun the ammunition is used for.
What is Possession?
Possession is knowingly exercising physical control over something, whether you own it or not. Possession includes:
- actual possession, such as physically carrying ammo,
- constructive possession, such as keeping ammo in your car, closet, or other location you control, and
- joint possession, which is sharing the ammo with someone else.
Prohibited Persons
You are prohibited from having guns and ammo if any of these six circumstances.
- You have been convicted of a felony in any state or federal court, in or outside of California.
- You are addicted to drugs,
- You have two or more convictions of brandishing a weapon (Penal Code 417 PC), gun possession after a misdemeanor conviction (Penal Code 29805), or violent use of a firearm (Penal Code 23515 PC),
- You have been convicted of certain misdemeanor offenses such as corporal injury to a spouse (Penal Code 273.5 PC) or other crimes involving domestic violence,
- You have a mental illness diagnosis, or
- You are under 18 (however, you can own a BB gun with parental consent).4
2. Defenses
Here at Shouse Law Group, we have handled literally thousands of charges involving guns and ammunition. Based on this experience, we found the following defenses to be the most effective.
You Were Justified in Possessing the Ammunition
In order to establish this defense, we must prove that:
- you found the ammunition or took it from a person who was committing a crime against you, and
- you possessed the ammunition no longer than was necessary to deliver or transport it to a law enforcement agency for that agency to dispose of it.5
Helpful evidence we rely on in these cases includes surveillance video and eyewitness accounts.
You Did Not Possess the Ammunition
If you had no knowledge of the ammo being there, then you cannot “possess” it. Perhaps, for example, someone planted the ammunition in your backpack without you knowing.
Surveillance video and/or eyewitness accounts would be useful evidence in these types of cases. In addition, we can call upon an expert witness to trace the ammo’s chain of custody in an effort to show that someone else purchased and possessed it.
There Was a “Mistake of Fact”
Perhaps police mistook you for the real culprit who had the ammunition. Or perhaps a witness mistakenly picked you out of a lineup. You may even have been falsely accused.
In any case, we would rely on video, eyewitnesses, receipts, alibis, and recorded communications to show that you could not possibly have possessed the ammunition. Prosecutors cannot convict you if there is reasonable doubt.
The Police Violated Your Rights and Conducted an Unlawful Search and Seizure
Peace officers must have a valid search warrant to conduct a search and seize property. If they do not have a warrant, they must have a lawful reason.
If police may have conducted an illegal search in your case, we can bring a 1538.5 motion asking the court to suppress the illegally obtained evidence. If the judge complies, the D.A. may be compelled to reduce or dismiss your charge for lack of proof.6
3. Penalties
A violation of California Penal Code Section 30305(a)(1) is a wobbler. This means the district attorney can charge it as either a misdemeanor or felony:
Misdemeanor possession of ammunition carries:
- up to one year in jail and/or
- up to $1,000.
Felony possession of ammunition carries:
- 16 months, 2 years, or 3 years in prison and/or
- up to $10,000.7
Minimizing Penalties
When our clients get arrested for being a felon in possession of ammo, we reach out to the prosecutor before charges are filed in an attempt to persuade them either:
- not to bring charges at all; or if they do,
- to bring misdemeanor instead of felony charges.
Then if the case progresses to a sentencing hearing, we present every available “mitigating circumstance” to the court with the aim of convincing them to grant you the laxest possible sentence. Examples of mitigating factors include:
- you genuinely did not believe you were in possession of the ammo;
- you have otherwise been compliant about not possessing firearms; and
- you have been a model citizen and have strong community ties.
4. Related Crimes
- Armed with a firearm during a felony – PC 12022
- Brandishing a weapon – PC 417
- Carrying a concealed weapon – PC 25400
- Carrying a loaded firearm – PC 25850(a)
- Felon in possession of a firearm – PC 29800
- Open carry an unloaded firearm – PC 26350
- Possession of armor-piercing Bullets – PC 30315
- Possession of bullets containing an explosive agent – PC 30210
- Possession of a deadly weapon to assault – PC 17500
5. Federal Law
If you are a convicted felon, it is a federal crime for you to ship, transport, or receive ammunition across state lines or from another country. It carries up to:
- 10 years in Federal Prison, and/or
- a fine.
However, the maximum prison term becomes 15 years if you have three or more prior convictions of:
- felony drug trafficking and/or
- a felony crime of violence.8
Additional Resources
For more in-depth information, refer to these scholarly articles:
- Time To Reload: The Harms Of The Federal Felon-in-possession Ban In A Post-Heller World – Duke Law Journal.
- Problematic Presumptions: Why The Current State of Felon-in-Possession Law Risks Punishing the Innocent – University of Pennsylvania Law Review.
- Notice(ing) Ex-Offenders: A Case Study of the Manifest Injustice of Passively Violating a Felon-in-Possession Statute – Wisconsin Law Review.
- Going off Half-Cocked: Opposing as-Applied Challenges to the “Felon-in-Possession” Prohibition of 18 U.S.C. Sec. 922(g)(1) – Penn State Law Review.
- In Defense of Felon-in-Possession Laws – Cardozo Law Review.
Legal References:
- California Criminal Jury Instructions “CALCRIM” 2540 to 2544 and 2591. California Penal Code 30305. The full language of the code section reads as follows:
(a) (1) No person prohibited from owning or possessing a firearm under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, shall own, possess, or have under custody or control, any ammunition or reloaded ammunition. (2) A violation of this subdivision is punishable by imprisonment in a county jail not to exceed one year or in the state prison, by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment.
(b) (1) A person who is not prohibited by subdivision (a) from owning, possessing, or having under the person’s custody or control, any ammunition or reloaded ammunition, but who is enjoined from engaging in activity pursuant to an injunction issued pursuant to Section 3479 of the Civil Code against that person as a member of a criminal street gang, as defined in Section 186.22, may not own, possess, or have under the person’s custody or control, any ammunition or reloaded ammunition. (2) A violation of this subdivision is a misdemeanor.
- Judicial Council of California Criminal Jury Instructions (2024 edition) CALCRIM No. 2591. Possession of Ammunition by Person Prohibited From Possessing Firearm Due to Conviction or Mental Illness (Pen. Code, § 30305(a))
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant (owned/possessed/had under (his/her) custody or control) ammunition;
2. The defendant knew (he/she) (owned/possessed/had under (his/ her) custody or control) the ammunition;
[AND]
<Alternative 3A – prohibited due to mental illness or SVP status>
[3. The defendant <insert description from Welf. & Inst. Code, § 8100 or 8103>.]
<Alternative 3B – prohibited due to conviction. Give both element 3B and element 4 in cases involving misdemeanor convictions or juvenile findings. For all other cases involving prior convictions, give 3B only.>
[3. The defendant had previously been convicted of (a felony/a misdemeanor/two offenses of brandishing a firearm/the crime of <insert misdemeanor offense from Pen. Code, § 29805 or 23515, or a juvenile finding from Pen. Code, § 29820>)(;/.)]
[AND
4. (The previous conviction was within 10 years of the date the defendant possessed the ammunition./The defendant was less than 30 years old at the time (he/she) possessed the ammunition.)] - See same. See also California Penal Code 16150.
- California Penal Code 29800(a)(1) PC. As to narcotics, note that while methamphetamine is a highly addictive drug, it is typically not a narcotic by classification.
- CALCRIM No. 2591.
- For examples of cases involving questionable searches and seizures, see People v. Sims (2021), Supreme Court No. SCD281406), and People v. Wolfgang (2015), 240 Cal.App.4th 1268.
- California Penal Code 30305(a)(2) PC. See also California Penal Code 1107(h) PC.
- 18 USC 922. 18 USC 924.