California Penal Code 30605

Overview of Penal Code § 30605

What Is Penal Code 30605?

California Penal Code § 30605 criminalizes the possession of assault weapons as defined under the state’s strict gun control statutes. Under this law, it is illegal to possess an assault weapon unless you are exempt, such as being a law enforcement officer or having properly registered the weapon during an amnesty period.

This statute falls under the Roberti-Roos Assault Weapons Control Act, first enacted in 1989, and reflects the state’s uncompromising stance on limiting civilian access to military-style firearms. Importantly, California treats this crime as a “wobbler”—meaning it can be filed as either a misdemeanor or a felony, depending on aggravating factors.

For anyone charged, crafting a compelling California assault weapon possession defense begins with understanding the fine legal distinctions embedded in this penal code.

Definition of Assault Weapons in California Law

The term “assault weapon” has a precise, legal definition in California, and it’s far more nuanced than what most firearm owners realize. A rifle does not have to be fully automatic to fall under the law’s definition. For example, a semi-automatic rifle with a pistol grip and detachable magazine qualifies as an assault weapon—even though it may seem “ordinary.”

California law categorizes these weapons based on:

• Features (e.g., telescoping stocks, flash suppressors)
• Make and model lists
• Ammunition type, such as .50 BMG

A major pitfall for defendants is unintentional possession due to confusion over technical configurations. That’s why a legally sound and technically informed California assault weapon possession defense is critical.

History and Legislative Background

California’s regulatory framework for assault weapons traces its origin to the 1989 Roberti-Roos Act, passed in response to high-profile mass shootings. This act has evolved through extensive litigation and legislation, culminating in today’s robust Penal Code framework, including § 30600 (manufacturing) and § 30605 (possession).

Despite various Second Amendment challenges, California courts have upheld these laws as constitutionally valid. In People v. Bocanegra (2023), the court ruled that assault weapons are not typically used for lawful self-defense, reinforcing their status as “dangerous and unusual weapons” outside the scope of the Second Amendment.

Understanding this legal precedent is key to developing an effective California assault weapon possession defense strategy.

Legal Consequences of Possessing an Assault Weapon in California

Classification as a Felony or Wobbler

Possession of an assault weapon under PC § 30605 is a wobbler offense, giving prosecutors discretion to file it as a misdemeanor (max 1 year in county jail) or a felony (16 months, 2 years, or 3 years in state prison). Factors influencing this decision include:

• Criminal history
• Presence of other firearms
• Intent or connection to another crime

Felony charges may also affect immigration status and voting rights, making early intervention by an attorney essential.

A tailored California assault weapon possession defense should challenge the charge level where appropriate and negotiate reductions based on mitigating factors.

Sentencing Guidelines and Enhancements

Sentencing doesn’t stop at the statutory range. Judges often consider sentence enhancements such as:

• Firearm use during another felony (adds 1–10 years)
• Gang enhancements under PC 186.22
• Prior strike convictions

For example, in People v. Cortez, a defendant involved in a violent conspiracy using an assault weapon received an enhanced sentence due to the compound nature of the crimes.

A skilled legal team like Power Trial Lawyers can argue against enhancements or seek alternative sentencing (e.g., electronic monitoring or probation), making them indispensable for your California assault weapon possession defense.

Financial and Social Ramifications

A conviction under § 30605 carries lifelong consequences beyond incarceration:

• Loss of firearm rights
• Difficulty obtaining employment
• Ineligibility for professional licenses
• Immigration consequences for non-citizens

Social stigma also looms large. Employers and landlords conducting background checks often flag these as “weapons offenses,” diminishing future opportunities. An aggressive defense can often prevent a conviction from ever appearing on your record.

Arrest and Booking Process for Penal Code 30605 Violations

What Happens After You’re Arrested for Penal Code 30605

If law enforcement suspects possession of an assault weapon, they will typically detain the individual on-site, often following a traffic stop, domestic call, or tip-off. Officers will:

• Seize the weapon
• Run a serial number check
• Determine if the firearm qualifies under California’s assault weapon criteria

The accused is then transported to a county jail facility, where formal booking occurs—fingerprinting, mugshots, and entering the offense into the system.

At this stage, legal representation is vital. Statements made during booking, even seemingly harmless ones, may later be used in court. The best course of action? Say nothing except: “I want a lawyer.”

A proactive California assault weapon possession defense starts at this first moment of contact, where an attorney may even challenge the probable cause for arrest.

The Role of Law Enforcement and Investigators

Once the weapon is in custody, firearms experts from law enforcement will analyze its specifications. Investigators assess whether:

• The weapon meets the legal definition of an assault weapon
• The weapon was legally registered during an open registration period
• There’s any evidence of intent to distribute, modify, or use

In some cases, officers overreach during searches—especially if they didn’t secure a proper search warrant. If evidence was obtained unlawfully, your attorney can file a Motion to Suppress (Penal Code § 1538.5), which can lead to the entire case being dismissed.

A successful California assault weapon possession defense often pivots on exposing errors in the search, seizure, or classification process.

Bail in California for Assault Weapon Possession

How Bail Amounts Are Determined

In California, bail amounts are set according to county-specific bail schedules, which outline the standard bail for various felonies and misdemeanors. For assault weapon possession:

• Bail generally ranges from $25,000 to $50,000.
• A judge can increase or reduce bail at arraignment based on:
  • Defendant’s criminal record
  • Public safety concerns
  • Flight risk

In some instances, if the weapon is linked to other crimes, bail could be denied entirely. That’s why it’s critical to have legal counsel present at the first appearance to argue for a reasonable bail.

Power Trial Lawyers routinely files bail reduction motions with compelling evidence of community ties, employment, or lack of danger. Bail success is often a turning point in any California assault weapon possession defense.

Conditions of Release and Bail Bondsmen

If bail is granted:

• A bail bondsman can be used to post bail at a fraction of the cost (usually 10% non-refundable).
• Conditions often include:
  • No contact with co-defendants or victims
  • Surrender of any remaining firearms
  • Mandatory check-ins or GPS monitoring

Violating any of these terms can result in re-arrest and loss of bail money, intensifying the need for strong legal guidance from the outset. More importantly, your lawyer may be able to argue for release on your “own recognizance”, which would enable you to be released without having to post any bond. The only condition is that you must always appear for court. And if you have a bad history of appearing for court, release on your one recognizance may be overturned and bond may have to be posted.

The Criminal Court Process Explained

Arraignment to Pretrial

At arraignment, the defendant is formally charged and asked to enter a plea. The judge also revisits bail and sets court dates.

During pretrial proceedings, the defense team:

• Files motions to suppress evidence
• Demands discovery from the prosecution
• Engages in plea negotiations

The success of your California assault weapon possession defense can often be secured at this stage, particularly through strategic pretrial litigation.

Preliminary Hearings

If charged as a felony, the case proceeds to a preliminary hearing, where the prosecution must establish probable cause that a crime was committed.

Here, defense attorneys can:

• Cross-examine officers and witnesses
• Challenge whether the weapon meets legal definitions
• Uncover inconsistencies in the state’s case

This hearing can sometimes lead to:

• Dismissal of charges
• Reduction to a misdemeanor
• Favorable plea offers

Trial and Sentencing Phases

If the case is not resolved pretrial, it moves to jury trial:

• Evidence is presented
• Expert witnesses may testify on firearm classification
• Jury must unanimously convict “beyond a reasonable doubt”

If convicted, sentencing will follow guidelines, but the defense can argue for:

• Probation instead of prison
• Alternative sentencing programs
• Firearm education or safety classes

Power Trial Lawyers excels at post-conviction relief motions, including sentence modification and expungement.

Case Law Analysis: Key California Appellate Decisions

People v. Bocanegra (2023)

This appellate case affirmed that AR-15-style rifles fall outside Second Amendment protections. The court emphasized that the defendant’s possession did not serve a lawful purpose and reinforced the legality of PC § 30605.

People v. Cortez

Here, possession was tied to a broader violent conspiracy. The court handed down a lengthy prison sentence, warning that firearm-related enhancements can multiply punishment.

People v. Wise

This case drew an important line between possession and manufacturing. The court ruled the offenses under PC § 30605 and § 30600 are not mutually exclusive, making it critical that defense strategies examine potential overcharging.

Legal Defenses Against PC 30605 Charges

A powerful California assault weapon possession defense hinges on analyzing the technical, procedural, and constitutional aspects of the case. Here are several tested and proven defenses that Power Trial Lawyers frequently deploy:

Illegal Search and Seizure

Under the Fourth Amendment, all searches and seizures must be lawful. If police:

• Entered your home or vehicle without a valid warrant
• Conducted a search based on a lack of probable cause
• Used a pretext stop to justify a fishing expedition

Then your attorney can file a motion to suppress (PC § 1538.5). In many successful defenses, this motion has resulted in key evidence being thrown out, effectively dismantling the prosecution’s case.

In People v. Superior Court (Corbett) (2017), a search was conducted without a proper warrant. Although weapons were found, the case underscores how illegal procedure can backfire for the prosecution—especially when expertly challenged by a skilled legal team.

Mistake of Fact or Ownership

Possession charges under PC § 30605 require knowledge and control over the firearm. If you were unaware that:

• The firearm was classified as an “assault weapon”
• Someone else left it in your vehicle or home
• You believed it was legally registered

Your attorney can argue a lack of intent or mistake of fact, which may be sufficient to dismiss or reduce charges. Knowledge is a key element, and when it’s not proven, the case collapses.

This is particularly effective when your firearm has ambiguous features or was acquired during a transitional period, such as pre- or post-ban sales.

Exemptions Under California Law

Certain individuals and scenarios are exempt from prosecution under PC § 30605:

• Law enforcement officers and military personnel
• Firearms possessed during approved amnesty/registration periods
• Federally licensed firearm dealers and manufacturers

If you fall within these categories—or can demonstrate a reasonable attempt to comply with the law—your defense may rest on statutory exemption. A knowledgeable attorney can retrieve ATF forms, state registration logs, and regulatory filings to support your claim.

This approach is highly technical and is a hallmark of a sophisticated California assault weapon possession defense strategy.

Sentencing Schemes Under California Law

Factors That Affect Sentencing

Judges in California don’t rely solely on statutes. They assess:

• Whether the defendant is a first-time or repeat offender
• The location of possession (e.g., near schools or public events)
• Any co-occurring criminal conduct (e.g., drug possession, gang activity)

In People v. Garcia (2022), the defendant’s sentence was lengthened due to the presence of other weapons and violent behavior. Power Trial Lawyers frequently counters aggravating claims with:

• Character witnesses
• Psychological evaluations
• Documentation of positive community ties

Probation Options vs. State Prison

While PC § 30605 allows for probation in misdemeanor cases, it’s also available in certain felony scenarios—particularly when:

• The defendant has no priors
• No violence or threats were involved
• There’s a willingness to participate in firearm education

Attorneys may push for suspended sentences with community service or electronic monitoring. The goal is to mitigate damage to your life, career, and record, all while crafting a sustainable path forward.

Enhancements for Gang or Firearm Use

If the assault weapon was used:

• During a felony
• In connection with a criminal street gang
• Or in a prohibited area

Enhancements under PC § 12022 or § 186.22 may apply. These can add 3–10 years or more to your sentence. Power Trial Lawyers aggressively challenges the legal sufficiency of such enhancements, including:

• Disputing gang affiliation
• Questioning the nexus between the weapon and the alleged crime
• Filing bifurcation motions to keep enhancements separate from the main trial

This strategy can dramatically alter the case outcome and is central to any high-quality California assault weapon possession defense.

Constitutional Challenges and Second Amendment Issues

Overview of Past Challenges

Defendants have argued that California’s ban on assault weapons violates the Second Amendment of the U.S. Constitution. However, the state’s appellate courts have repeatedly held otherwise.

Court Rulings Upholding the Law

In People v. Zondorak, the court upheld that assault weapons are not “commonly used for lawful purposes” and are instead “dangerous and unusual weapons” under the legal standard set forth in District of Columbia v. Heller (2008).

Similarly, People v. Bocanegra solidified that AR-15s and similar rifles are not protected, especially when the weapon’s configuration mirrors military functionality.

While legal scholars continue to challenge this area, the prevailing trend in California courts remains clear: the ban stands.

However, legal avenues still exist:

• Federal litigation strategies
• State Supreme Court appeals
• As-applied constitutional challenges (based on specific facts)

Power Trial Lawyers remains up-to-date on all emerging case law, offering clients a cutting-edge approach to constitutional defense when crafting their California assault weapon possession defense.

Why Retaining Power Trial Lawyers Makes All the Difference

Track Record of Success in Orange County and Los Angeles

With a history of courtroom wins and pretrial dismissals, Power Trial Lawyers is a leading force in California firearm defense. Their attorneys have represented clients in high-stakes firearms cases across Los Angeles and Orange County.

Whether fighting for dismissal, negotiating a favorable plea, or winning at trial, this firm brings a results-driven strategyto every case.

Personalized Defense Strategies

No two clients are the same. Power Trial Lawyers:

• Analyzes every angle of your case
• Challenges weapon classification
• Dissects procedural flaws
• Pursues both technical and humanizing arguments in court

This holistic approach is the gold standard in California assault weapon possession defense.

Trial-Ready Legal Team

What sets Power Trial Lawyers apart? They thrive in courtrooms. While some firms push quick plea deals, Power Trial Lawyers prepares every case for trial from Day 1, ensuring:

• The prosecution knows they won’t back down
• Your defense is airtight
• You’re in the strongest position to negotiate or fight

If you’re facing PC § 30605 charges, now is the time to act.

What a Criminal Defendant Should Do Immediately After Arrest

Remain Silent and Request a Lawyer

From the moment you’re arrested, you must protect your rights. The Miranda warning is not a suggestion — it’s a lifeline. Exercise your Fifth Amendment right to remain silent and request legal counsel immediately. Do not answer questions about the firearm, your residence, or your background.

Statements made during booking or casual conversation can later become damaging evidence. By refusing to speak until your attorney arrives, you lay the foundation for a solid California assault weapon possession defense.

If you are facing any criminal charges, including a charge for Penal Code 30605, you should seek to speak with a lawyer immediately. You can invoke your right to counsel, and contact us, or if you need, you can also speak with a public defender. However, it is generally a good idea to seek to speak to counsel and to avoid making any statements.

Avoid Discussing the Case on Social Media

It’s not just what you say to police that matters — what you post online can and will be used against you. Prosecutors increasingly scour:

• Social media platforms
• Messaging apps
• Online purchases and firearm forums

One offhand comment or meme shared about guns can become Exhibit A in court. Your best move? Stay silent — both offline and online — and let your defense attorney do the talking.

Collect and Preserve Evidence

Even in criminal cases, defendants can gather exonerating evidence. Consider:

• Receipts showing legal acquisition of the weapon
• Registration attempts
• Surveillance footage proving lack of knowledge or intent
• Witnesses who can attest to mistaken possession

Early collection of such evidence allows your attorney to present a proactive defense, often preventing formal charges or securing early dismissal. Power Trial Lawyers works closely with forensic experts, gun technicians, and investigators to verify the legality of the firearm in question.

Step-by-Step Legal Timeline in a California Gun Possession Case

Week 1–2: Arrest, Booking, and Bail

• You’re arrested and booked under Penal Code § 30605
• Bail is set (usually $25,000–$50,000)
• Arraignment occurs where you enter a plea
• Your defense attorney may challenge bail and secure your release

At this stage, Power Trial Lawyers moves quickly to initiate a California assault weapon possession defense by examining the arrest procedure and firearm classification.

Weeks 3–6: Pretrial Hearings and Discovery

• Prosecutors share the evidence (discovery)
• Defense reviews police reports, lab findings, and weapon details
• Motions to suppress illegally obtained evidence are filed

This is a critical window. Defense attorneys can negotiate plea deals, push for reduction to a misdemeanor, or set up the case for dismissal via motion practice.

Months 2+: Trial or Resolution

If pretrial negotiations stall:

• Jury selection and trial begin
• Defense presents evidence of exemption, mistake, or unlawful police conduct
• Verdict is issued
• If convicted, the judge imposes sentence

Should the case go to trial, Power Trial Lawyers is known for its meticulous cross-examinations and expert witness strategy, giving you the strongest possible chance at acquittal.

Penalties and Enhancements Linked to Assault Weapons

Gang Affiliation Enhancements

Under PC § 186.22, if the firearm was possessed in connection with gang activity, prosecutors can add 2–15 years to your sentence. However, gang enhancements require specific findings:

• Ongoing criminal conduct
• Affirmed membership or association
• Aiding or furthering gang objectives

Defense attorneys can often dismantle these claims by challenging:

• The sufficiency of gang expert testimony
• The nature of the association
• Lack of criminal predicate acts

This technical litigation area is a key battleground in California assault weapon possession defense.

Sentencing with Prior Convictions

If you have a prior strike under California’s Three Strikes Law, a PC § 30605 conviction could result in:

• Double time on your sentence
• 25-to-life in extreme cases

However, not all prior convictions qualify as strikes. Power Trial Lawyers frequently challenges the classification of prior convictions and files Romero motions to strike priors from the record.

Mitigating your exposure to enhancements is just as critical as fighting the underlying charge.

Community, Juvenile, and Domestic Offense Considerations

Unique Challenges for Minors (In re Randy C.)

Juveniles are not immune from PC § 30605. In In re Randy C. (2024), a minor was adjudicated for illegal possession following a motion to suppress that was denied. Juvenile courts can impose:

• Wardship
• Detention in a juvenile facility
• Mandatory counseling and community service

However, minors also benefit from rehabilitative goals of juvenile justice. A specialized attorney can argue for diversion programs, sealing of records, and alternative sentencing — making experience in juvenile firearm defense essential.

Domestic Violence with Firearm Charges

If the possession occurred in the context of domestic disputes, charges may escalate. In People v. Megown, firearm possession was tied to domestic violence, leading to a lengthy state prison sentence. Here, a firearm acts as a sentencing multiplier, and courts take domestic cases extremely seriously.

Defendants should never approach such situations without experienced counsel. Power Trial Lawyers incorporates psychological experts, domestic violence specialists, and mitigating reports to craft a powerful response.

Frequently Asked Questions (FAQ)

1. Is it possible to beat a Penal Code 30605 charge in California?

Yes. Through motions to suppress evidence, challenging weapon classification, and asserting legal exemptions, Power Trial Lawyers has successfully had charges dropped or reduced.

2. How do I know if my firearm is an “assault weapon” under California law?

California defines assault weapons based on make/model, as well as features such as pistol grips, flash suppressors, and detachable magazines. A firearm expert can evaluate your weapon’s legality.

3. Can I go to jail for a first offense under PC 30605?

Yes, but many first-time offenders are eligible for probation or alternative sentencing. Power Trial Lawyers will fight to avoid incarceration and clear your record.

4. What’s the difference between Penal Code 30600 and 30605?

PC § 30600 covers manufacturing or distributing assault weapons; § 30605 targets possession. You can be charged with both, but they require different legal defenses.

5. Can I be charged if I inherited the weapon?

Yes. Even inherited weapons must comply with registration laws. However, inheritance can be used as part of a mistake of fact defense.

6. Will a conviction affect my immigration status?

Absolutely. Firearm offenses can be considered deportable crimes. If you’re not a U.S. citizen, you need immediate legal representation.

Consult with an attorney– Contact Power Trial Lawyers

A charge under Penal Code § 30605 is not just a legal issue — it’s a life-altering event. It can end careers, destroy reputations, and lead to years of incarceration. That’s why choosing the right legal team isn’t optional — it’s essential.

Power Trial Lawyers brings decades of experience, courtroom tenacity, and a deep understanding of firearm laws. With offices in both Los Angeles and Orange County, they offer:

• Immediate consultations
• Trial-ready defense teams
• Strategic pretrial motion practice
• Personalized legal representation

If you’re facing charges, don’t wait. Every hour counts. Contact Power Trial Lawyers now for the most effective California assault weapon possession defense.