Penal Code § 30305(a)(1) PC – Felon in Possession of Ammunition

Penal Code § 30305(a)(1) PC makes it illegal to possess ammunition if you are restricted from possessing firearms. In simple terms, this means that if you aren’t allowed to have a gun, then you can’t have bullets, either.

“Ammunition” includes bullets, cartridges, magazines, clips, speed loaders, and autoloaders.

This offense can be charged as a misdemeanor or a felony and is punishable by up to 3 years in jail or prison.

The offense is often referred to as

• felon in possession of ammunition or
• unlawful possession of ammunition by a convicted felon.

The language of the code section states that:

30305. (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.

The following six groups of people are generally prohibited from buying or possessing a gun (and also ammunition) in California:

1. convicted felons,
2. narcotic addicts,
3. persons with two or more convictions under Penal Code Section 417 PC (brandishing a weapon),
4. persons convicted of certain misdemeanor offenses (such as corporal injury to a spouse, per California Penal Code 273.5 PC and crimes involving domestic violence),
5. persons who suffer from mental illness, and
6. people under 18 (this group of people, however, can own a BB gun if they have parental consent).

Our California criminal defense attorneys will answer the following questions in this article:

• 1. How does California law define “prohibited person in possession of ammunition”?
• 2. What are the best defenses to this charge?
  • 2.1 You were justified in possessing the ammunition
  • 2.2 The ammunition did not belong to you
  • 2.3 The police violated your rights and conducted an unlawful search and seizure
• 3. What are the penalties for violating PC 30305(a)(1)?
• 4. Can I get a conviction expunged?
• 5. What are some related crimes?
  • 5.1 Possession of armor-piercing bullets – PC 30315
  • 5.2 Possession of bullets containing an explosive agent – PC 30210
  • 5.3 Felon in possession of a firearm – PC 29800
• 6. What about federal law?

1. How does California law define “prohibited person in possession of ammunition”?

A prosecutor has to prove three things in order to successfully convict you under this statute.

These are that:

1. you owned, possessed, or had in your custody any ammunition,
2. you knew that you owned, possessed, or had custody of the ammunition,¹ and
3. you were prohibited from owning or possessing the ammunition based on a prior conviction (criminal conviction) or a mental illness.²

Ammunition Defined

The definition of “ammunition” is a

• bullet,
• cartridge,
• magazine,
• clip,
• speed loader,
• autoloader, or
• projectile capable of being fired from a firearm with a deadly consequence.

Ammunition includes reloaded ammunition.³

Further, for purposes of this statute, it does not matter what type of gun the ammunition is used for. The statute applies to all ammunition. For example, it is not limited to ammunition used for:

• handguns,
• assault weapons, or
• any type of concealed firearm.

Note that you do not have to actually hold or touch something to possess it. It is enough if you have control over it or the right to control it, either personally or through another person.

Some examples of people who suffer from a lifetime ban on owning or buying a firearm include:

• convicted felons, and
• narcotic addicts.⁴

2. What are the best defenses to this charge?

Here at Shouse Law Group, we have handled literally thousands of charges involving guns and ammunition. Based on this experience, we found these three defenses to be the most effective:

1. you were justified in possessing the ammunition;
2. the ammunition did not belong to you; and/or
3. the police violated your rights and conducted an unlawful search and seizure.

2.1 You were justified in possessing the ammunition

We can challenge a charge under this statute if we can show that you were justified in possessing the ammunition.

In order to establish this defense, we must prove that:

1. you found the ammunition or took it from a person who was committing a crime against you, and
2. 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 the ammunition.⁵

Helpful evidence we rely on in these cases includes surveillance video and eyewitness accounts.

2.2 The ammunition did not belong to you

Recall that you are only guilty under this statute if you knew that you

• owned,
• possessed, or
• had custody of

ammunition.

This means that it is always a defense to show that you did not have this knowledge. Perhaps, for example, someone planted the ammunition in your backpack.

Surveillance video and/or eyewitness accounts would also be useful evidence in these types of cases. In addition, perhaps 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.

2.3 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, then they must have a legal reason for it. If no warrant or no legal reason for not having one, then the search and seizure is unlawful.

Given this, if you were arrested under this statute after a search and seizure, we can argue that the search and seizure was against the law. Then we can bring a 1538.5 motion asking the court to suppress the illegally-obtained evidence.

If the 1538.5 motion is successful and the evidence gets thrown out, the D.A. may be left with too weak a case to continue prosecuting. This could lead to the charge getting

• reduced or
• entirely dismissed.⁶

A violation of this statute can result in jail time and a possible fine.

3. What are the penalties for violating PC 30305(a)(1)?

A violation of California Penal Code Section 30305(a)(1) is a wobbler. A district attorney can charge a wobbler as either a misdemeanor or felony:

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. Can I get a conviction expunged?

If you are convicted of a misdemeanor under PC 30305(a)(1), you can get the conviction expunged. This is provided you successfully complete your:

• jail sentence, or
• probation period (if the court imposed probation).

Though if you are convicted of a felony under this law, you cannot get it expunged.

This is because California law does not allow expungements for crimes that result in you serving prison time.

5. What are some related crimes?

There are three crimes related to the possession of ammunition by a prohibited person. These are:

1. possession of armor-piercing bullets – PC 30315,
2. possession of bullets containing an explosive agent – PC 30210, and
3. felon in possession of a firearm – PC 29800.

5.1 Possession of armor-piercing bullets – PC 30315

Penal Code 30315 PC is the California statute that makes it a crime to possess armor-piercing bullets and ammunition.

If you were prohibited from owning a gun and still possessed these bullets, then a D.A. could charge you under both:

• Penal Code 30315, and
• Penal Code 30305(a)(1).

5.2 Possession of bullets containing an explosive agent – PC 30210

Penal Code 30210 PC is the California statute that makes it a crime to make, import, sell, give, or possess certain ammunition or bullets that contain a dart or an explosive agent.

As with PC 30305(a)(1), a violation under this statute is a wobbler offense.

5.3 Felon in possession of a firearm – PC 29800

Penal Code 29800 PC prohibits convicted felons (or persons with outstanding felony warrants) from owning, purchasing, or possessing firearms in California.

If a court convicts you under this statute, then you will violate PC 30305(a)(1) if you ever come into possession of any ammunition.

6. What about 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.

Though 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