Penal Code § 30605 PC – Possession of an Assault Weapon in California

California Penal Code § 30605 PC makes it a crime to possess assault weapons. Prosecutors can charge you with either a misdemeanor or felony with a maximum sentence of three years in county jail.

In this article, our Los Angeles criminal defense attorneys will address the following key issues regarding assault weapons possession in California.

• 1. Elements of PC 30605
• 2. Defenses
• 3. Penalties
• 4. Related Crimes
• Frequently Asked Questions
• Additional Reading

1. Elements of PC 30605

For you to be convicted of violating PC 30605 in California, prosecutors have to prove beyond a reasonable doubt that you possessed an assault weapon.¹

To “possess” means to exercise control over an item. There are two types of possession under California criminal law:

1. actual possession, meaning that you have direct, physical control over a weapon (such as on your body or in a bag you are carrying).
2. constructive possession, meaning that you have access to the weapon or the right to control it (such as having it in your car or home).²

Note that Penal Code 30515 PC lists many different types of rifles, pistols, and shotguns that are all classified as “assault weapons.” Some examples include:

• a semi-automatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds, and
• a semi-automatic, centerfire rifle that has an overall length of less than 30 inches, and
• any shotgun with a revolving cylinder.³

2. Defenses

Here at Shouse Law Group, we have represented literally thousands of people accused of gun offenses, including possession of assault weapons. In our experience, the following three defenses have proven very effective with California prosecutors, judges, and juries at getting PC 30605 charges reduced or dismissed.

1. You are exempt from prosecution. 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), or you are the executor or administrator of an estate that lawfully holds such firearms, then the criminal case should be dismissed.
2. There was no possession. Criminal charges should not stand if you never exercised control over the assault weapon. Typical evidence in these cases includes eyewitness accounts and video surveillance footage.
3. The police committed an unlawful search. If the police found the assault weapon through a violation of your Fourth Amendment protections against unreasonable searches and seizures, we can ask the court to discard (suppress) it as evidence. This may leave the D.A. with too weak a case to prosecute.

A violation of Penal Code 30605 PC can lead to up to 3 years in jail.

3. Penalties

A violation of Penal Code 30605 is a wobbler offense in California. This means it can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, possessing an assault weapon carries:

• up to 1 year in county jail and/or
• a fine of up to $1,000.⁴

If charged as a felony, possessing an assault weapon carries a county jail sentence of either:

• 16 months,
• 2 years, or
• 3 years.⁵

Note that in very limited circumstances, a PC 30605 violation can be charged as an infraction with a $500 fine penalty.⁶

4. Related Crimes

Manufacture/Sale of an Assault Weapon – PC 30600

Penal Code 30600 PC is the California statute that makes it a crime to manufacture, sell, give away, or lend assault weapons and BMG rifles, except in very specific circumstances.

Charges under Penal Code 30600 vary from serious felonies to minor infractions, depending on the facts of the case.

Possession of Destructive Devices or Explosives – PC 18710

Penal Code 18710 PC makes it a California crime to possess a destructive device. Destructive devices include things like:

• bombs,
• grenades,
• explosive missiles,
• projectiles containing any kind of explosive or incendiary material, and
• certain rockets and rocket-propelled projectiles.

PC 18710 is a “wobbler,” meaning it can be prosecuted as either a misdemeanor or a felony. Misdemeanor penalties can include up to one year in county jail and/or up to $1,000 in fines. If the crime is prosecuted as a felony, you face up to three years in California state prison.

Possession of Destructive Device Materials – PC 18720

Possessing the materials necessary to make a destructive device is a serious California crime under Penal Code 18720 PC. A violation of PC 18720 is charged as a felony, carrying:

• 2, 3, or 4 years served in county jail and/or
• a fine of up to $10,000.

Possession of a .50 BMG Rifle – PC 30610

Penal Code 30610 PC is the California statute that makes it a crime to possess any .50 BMG rifle (or 50-caliber Browning Machine Gun). A violation of PC 30610 is a misdemeanor, carrying:

• up to 1 year in county jail (or probation) and/or
• a fine of up to $1,000.

In very limited circumstances, a PC 30610 violation can be charged as an infraction with a penalty of a $500 fine.

Penal Code 30605 PC is the California statute that makes it a crime to possess any assault weapon.

Frequently Asked Questions

What are “assault weapons” in California?

Under California law, “assault weapons” are certain semi-automatic firearms defined by statute, including specific listed makes and models and firearms with prohibited military-style features such as detachable magazines combined with features like pistol grips or flash suppressors.

California has restricted these firearms since the Roberti-Roos Assault Weapons Control Act, which broadly bans their sale, transfer, and possession unless a narrow permit or prior registration exception applies.

What is the recent history of the assault-weapon law — and could it change?

California’s assault weapon ban has been repeatedly challenged in federal court, most notably in Miller v. Bonta, a case arguing the law violates the Second Amendment.

A federal judge struck down the ban in 2021 and again in 2023, but appellate court stays have kept the law enforceable while appeals continue.

As of 2026, the case remains active in the Ninth Circuit, meaning the law still applies today but could change depending on future appellate or U.S. Supreme Court rulings.⁷

Can a conviction under PC 30605 get me deported?

Possibly. Federal immigration law allows deportation for certain firearm-related convictions, and assault-weapon possession offenses may fall within that category depending on how the case is charged and resolved.

Can I get a PC 30605 conviction expunged?

If you are granted probation and successfully complete it, you can usually seek dismissal of the conviction under Penal Code 1203.4.

Will I lose my gun rights if I am convicted?

It depends on the level of the PC 30605 conviction.

• Felony conviction: results in a lifetime firearm prohibition under California law.
• Misdemeanor conviction: usually does not create a lifetime ban by itself, though firearm restrictions can still arise from probation conditions, related domestic-violence findings, or other disqualifying convictions.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Rational Basis Analysis of Assault Weapon Prohibition – Journal of Contemporary Law.
• How Can You Ban What Doesn’t Exist? Redefining the “Assault Weapon” – Drexel Law Review.
• Assault on the Constitution: Why the Southern District of California Got it Right – Georgia State University Law Review.
• Assault Weapon Myths – Illinois University Law Journal.

Legal References: