Penal Code § 30600 PC – Assault Weapons & Rifles in California

California Penal Code § 30600 PC makes it a felony to manufacture, distribute, transport, import, sell or give away assault weapons or .50 BMG rifles. A conviction is a felony punishable by a sentence of up to eight years in jail.

Examples of PC 30600 violations include:

• bringing an assault weapon into California
• letting a friend borrow a .50 BMG rifle
• making assault weapons and rifles

This law does not apply to the mere possession of these weapons. Instead, possession of assault weapons or BMG rifles is a lesser crime under Penal Code 30605 PC.

In this article, our Los Angeles criminal defense attorneys will address the following key issues regarding making or selling assault weapons and BMG rifles in California:

• 1. Elements of PC 30600
• 2. Defenses
• 3. Penalties
• 4. Immigration Consequences
• 5. Expungements
• 6. Gun Rights
• 7. Related Offenses
• Frequently Asked Questions
• Additional Reading

1. Elements of PC 30600

For you to be convicted of violating California Penal Code 30600, prosecutors have the burden to prove beyond a reasonable doubt that:

1. you knowingly manufactured, sold, gave away, lent, distributed, imported, or transported an assault weapon or .50 BMG rifle,¹ and
2. you knew (or reasonably should have known) that the weapon had the characteristics of an assault weapon or .50 BMG rifle.²

Example: Unbeknownst to her, Kelly’s ex-boyfriend left one of his assault weapons in her car’s trunk. She drives the car one day to run some errands and gets stopped for speeding. The police notice the weapon and arrest her for transporting an assault weapon. When shown the gun, Kelly has no clue what it is.

Here, Kelly can beat a transportation charge under PC 30600. She did not know the weapon was in her car, and therefore, did not transport the gun knowingly. She also did not know the gun had the characteristics of an assault weapon.

Assault Weapons and .50 BMG Rifles

An assault weapon is a weapon that is identified as such in a California statute.³ For example, Penal Code 30510 PC lists over 70 types of firearms that are all classified as assault weapons. Some of these include:

• all AK series rifles,
• Uzi submachine guns, and
• the Striker 12 shotguns.⁴

Penal Code 30515 PC also lists some semiautomatic centerfire rifles that are considered assault weapons. Some of these are:

• Bushmaster semiautomatic rifles,
• the TAVOR Bullpup rifle, and
• the Micro-UZI submachine gun.⁵

Meanwhile, a .50 BMG rifle is not an assault weapon or, despite its name, a machinegun. It is a centerfire rifle that can fire a .50 BMG cartridge. The three characteristics that .50 BMG rifles have are:

• the overall length is 5.54 inches from the base of the cartridge to the tip of the bullet, and
• 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.⁶

Senate Bill 61

As of June 1, 2020, Senate Bill 61:

1. limits the purchase of semi-automatic rifles to one per month, and
2. prohibit the sale of semi-automatic rifles to anyone under 21.⁷

Note that this prohibition on sales applies even if you have a valid hunting license.

2. Defenses

Here at Shouse Law Group, we have represented literally thousands of people charged with weapons crimes, including those involving assault weapons and .50 BMG rifles. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting PC 30600 charges reduced or dismissed.

1. There was no assault weapon or .50 BMG rifle. In some cases, we can hire an expert witness to testify that the weapon in question was not covered by the statute.
2. You had a permit to manufacture and sell the weapons to law enforcement or military agencies. As long as the permit is valid and current, the charges should be dropped.
3. The police committed an unlawful search and seizure. If the police gather evidence from an unlawful search and seizure, then that evidence can get excluded from a criminal case; this may leave the D.A. with too little proof to continue prosecuting.

A violation of this law can result in substantial time in prison

3. Penalties

Making, selling, or giving away assault weapons or .50 BMG rifles is a California felony. The punishment is four, six, or eight years in jail, though it may be possible to get felony (or formal) probation instead.⁸

Note that you will receive an additional one-year jail term if you:

• transferred,
• loaned,
• sold, or
• gave

an assault weapon or .50 BMG rifle to a minor under 18 years old.⁹

4. Immigration Consequences

If you are a non-citizen, getting an assault weapon or BMG rifle conviction may result in you being deported. Therefore, it is vital you hire an attorney as soon as possible to try to get the charge dismissed or reduced to a non-deportable offense.

5. Expungements

You should be able to get a PC 30600 conviction expunged as long as you complete probation or jail (whichever is applicable). Once your record is expunged, it may be easier for you to get a job, housing, loans, and professional licenses.

6. Gun Rights

A PC 30600 conviction will cause you to lose your gun rights because it is a felony. You can pursue getting your gun rights back through a California governor’s pardon.

7. Related Offenses

1. carrying a concealed weapon – PC 25400
2. carrying a loaded weapon – PC 25850
3. unlicensed sale of firearms – PC 26500

Penal Code 30600 makes it a crime to sell/transport assault weapons.

Frequently Asked Questions

Are assault weapons currently legal in California?

As of 2026, California’s assault weapons ban remains strictly enforced. While federal judges have repeatedly ruled that the ban violates the Second Amendment, those rulings have been stayed (paused) by the 9th Circuit Court of Appeals while the litigation continues.

Because the laws are still actively enforced during the appeals process, manufacturing, selling, importing, or transporting an assault weapon in California remains a felony under PC 30600.

Can I bring an assault weapon into California if I move from another state?

No. Penal Code 30600 explicitly prohibits “importing” an assault weapon into the state. Even if you legally purchased and registered the firearm in another state like Nevada or Texas, bringing it across the California border is a felony punishable by up to eight years in state prison.

To legally bring the firearm into the state, it must be permanently modified to be “California-compliant” (such as making it featureless) before you cross state lines.

What is the difference between Penal Code 30600 and Penal Code 30605?

While both laws deal with illegal firearms, they target different types of conduct.

PC 30600 targets the commerce and movement of assault weapons—such as manufacturing, selling, importing, or giving them away. PC 30605 targets the mere possession of an assault weapon. PC 30600 is a straight felony carrying up to eight years in state prison, whereas PC 30605 is a “wobbler” that can be charged as either a misdemeanor or a felony carrying up to three years in jail.

How does California define an “assault weapon”?

California defines an assault weapon in three primary ways:

• By Make and Model: Firearms specifically listed by name in the Penal Code (such as specific AK or AR-15 series rifles).
• By Features: A semiautomatic, centerfire rifle that does not have a fixed magazine, but possesses military-style features like a pistol grip, a folding or telescoping stock, a flash suppressor, or a forward pistol grip.
• By Capacity: A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.

Are AR-15s illegal in California?

A standard, out-of-the-box AR-15 is generally classified as an illegal assault weapon in California. However, California residents can legally buy and own “California-compliant” AR-15s. To be compliant and avoid prosecution under PC 30600, the rifle must be modified. This is usually done by making the rifle “featureless” (removing the pistol grip, flash hider, and adjustable stock) or by installing a fixed magazine (such as a “maglock” device that requires the user to disassemble the firearm’s action to reload).

Additional Reading

For more information regarding gun laws, refer to the following:

• California firearm laws – List compiled by the ATF.
• Handguns Certified for Sale – Searchable list at the California Attorney General website.
• Bureau of Firearms – Agency with the California Department of Justice.
• California and federal assault weapons laws – Information compiled by the California Attorney General.
• California Has More Than 100 Gun Laws. Why Don’t They Stop More Mass Shootings? – Article in the New York Times.

Legal References: