California Penal Code Section 30600 makes it illegal to import, transport, manufacture, distribute, sell, or give away assault weapons or .50 BMG rifles. The consequences of a conviction can be quite harsh.
If you have been accused of a violation of PC Section 30600, you need professional legal help on your side. At the Simmrin Law Group, we know how to defend you against these charges. Our team of criminal defense attorneys will help build a strong case supporting your innocence.
What Is Considered a Violation of PC 30600?
To be convicted of a violation of California PC 30600, you must have knowingly acted to import, transport, manufacture, distribute, sell, or give away a weapon that you knew, or should have known, was considered an assault weapon or .50 BMG rifle. Having knowingly performed the illegal act is an essential component of convicting a defendant of this crime.
Assault weapons are identified under California PC 30510. Over 70 types of firearms fall under this classification. A .50 BMG rifle is not an assault weapon. Instead, it is a centerfire rifle capable of firing a .50 BMG cartridge.
Possession Is Not Covered Under PC Section 30600
Possession of an assault weapon or .50 BMG rifle is not a crime under PC Section 30600. Instead, this offense is covered under California PC Section 30605. This offense is considered a wobbler, which means it can be prosecuted as either a misdemeanor or a felony.
While a less serious crime than a violation of PC 30600, the penalties for a violation can still be severe. If convicted of felony possession, you could serve as many as three years in prison.
In rare cases, a violation of PC 30605 can be processed as an infraction. The penalty for this mild offense is a $500 fine.
A Violation of Penal Code 30600 Is a Felony
A violation of Penal Code Section 30600, on the other hand, is considered a serious felony. A conviction under California PC 30600 could mean a prison sentence of up to eight years.
You could have a year added to your prison sentence if the offense involved getting one of these weapons into the nads of a minor.
A conviction could result in further penalties, including losing your professional license. If you are not a United States citizen, you could also face deportation for violating this penal code.
Common Defenses Against a PC 30600 Charge
There are many common defenses that can be used against a PC Section 30600 charge. These include:
- Not an assault weapon or .50 BMG rifle
- Unlawful search and seizure
- Permit to manufacture and sell
Not an Assault Weapon or .50 BMG Rifle
You can only be convicted under PC 30600 if the weapon in question was, in fact, an assault weapon or .50 BMG rifle. If you did import, transport, manufacture, distribute, sell, or give away a weapon, but it does not fall under this classification, you are not guilty of this offense.
While this defense may be able to protect you against a charge under PC 30600, it will not necessarily keep you from criminal punishment. Committing these acts with any firearm is illegal unless you are licensed to do so. However, the penalties for committing these offenses with a weapon, considered less dangerous, are far less severe.
Unlawful Search and Seizure
People are protected from unlawful search and seizure under the Fourth Amendment. Law enforcement officers are not allowed to search your property or take anything from it without a valid search warrant or probable cause.
If the evidence against you was obtained illegally, your attorney will move to have that evidence suppressed. If the prosecution’s case relies heavily upon that evidence, your attorney might be able to get the charges against you thrown out entirely.
Permit to Manufacture and Sell
In California, assault weapons and .50 BMG rifles can be legally manufactured and sold to law enforcement and military agencies. If the defendant has a permit to manufacture and sell these weapons, they are not guilty of violating PC 30600, as long as the agency they sold to was a legally approved one.
A criminal defense lawyer will assess the specifics of your situation and decide on the best argument to make against a violation.
Contact a Criminal Defense Lawyer Today
If you have been accused of a violation of PC 30600, it is critical to get legal help as soon as possible. The sooner your defense lawyer can get to work, the stronger the case they will be able to build in your favor.
Never speak to the police until you have an attorney present. Law enforcement officers are trained to get suspects to self-incriminate. They often get people to say things that hurt their defense even if they are completely innocent of the crime.
Contact the Simmrin Law Group today for a free case evaluation.