This article deals with the charges for possession of an assault weapon in California. Our state uses Penal Code §30605 to handle the possession of an assault rifle. This charge is considered a “wobbler.” Wobblers can lead to either misdemeanor or felony charges in our state.
A PC 30605 conviction can result in fines and incarceration. A person convicted of a felony can even lose their gun ownership rights. Get more information about PC 30605 charges from our team at the Simmrin Law Group. Call (310) 997-4688 so we can help you right now.
Information About Assault Weapons in California
PC 30605 restricts the possession of assault weapons throughout the state of California. Many different items are considered “assault weapons.” The state of California provides an extensive listing of assault weapons in Penal Code §30515. According to this section of the penal code, assault weapons include rifles without a fixed magazine that have:
- A thumb hold stock
- A flash suppressor
- A forward pistol grip
- A telescoping or forward stock
- A conspicuously protruding pistol grip
This list represents only examples of assault weapons in the state of California. Other assault rifles include some:
- Semiautomatic rifles
- Semiautomatic pistols
- Semiautomatic shotguns
- Semiautomatic centerfire firearms
Note that not all of these weapons are automatically considered assault weapons. Generally, they must include some kind of modification – such as a telescoping stock – to meet the criteria to qualify as an assault weapon.
This list does not comprehensively list all the assault weapons restricted in California. However, you can reach out to a weapons charges lawyer in Los Angeles if you would like to discuss specific restricted assault weapons.
Regulations on the Possession of an Assault Weapon
California restricts the possession of assault weapons throughout the state using PC 30605. PC 30605 forbids:
Actual Possession of Assault Weapons
Some individuals are charged with the actual possession of assault weapons in California. Actual possession represents direct contact with a weapon. Individuals physically have weapons in their possession if they have actual possession of them.
Constructive Possession of Assault Weapons
Constructive possession does not require direct handling of a weapon. Instead, a person can be accused of constructive possession if they have the ability to access a weapon. For example, a man keeps a modified pistol in the glovebox of his car. He would have “constructive” possession of the weapon. Find out more about types of possession with the Simmrin Law Group. We’re ready to answer your questions if you call (310) 997-4688.
Other Restrictions Related to Assault Weapons in California
PC 30605 prohibits the possession of assault weapons in our state. Individuals can face other charges for misuses involving assault weapons. These charges are generally handled under Penal Code §30600. PC 30600 charges are used if someone:
- Manufactures an assault weapon
- Sells or gives away an assault weapon
- Lends an assault weapon
PC 30600 also deals with BMG rifles. A person can also face misdemeanor and felony charges for a PC 30600 violation here in Los Angeles.
Results of a PC 30605 Conviction in California
PC 30605 is a wobbler in California. The prosecution gets to decide if the court will treat a wobbler as a misdemeanor or a felony. The prosecution reviews an individual’s past criminal history and their current charges to make this decision.
Individuals convicted of a misdemeanor PC 30605 violation can end up facing:
- Fines of up to $1,000
- Incarceration of up to one year
Felony charges will lead to more serious penalties. A felony conviction could result in incarceration for up to three years, for example.
You should also know that, in some rare cases, PC 30605 gets treated like an infraction. Infractions are relatively minor offenses here in California. A conviction for an infraction will only result in a fine.
Charges Similar to Possession of an Assault Weapon
The state of California uses many different laws to regulate the possession of use of weapons. Some of these charges include:
- Possession of destructive devices
- Possession of material used to make destructive devices
There are also a number of charges associated with the use of dangerous weapons. For example, individuals can face charges for assault with a deadly weapon if they try to shoot someone else with an assault weapon. They could even face charges for attempted murder.
A violent crimes lawyer in Los Angeles could provide legal help handling these charges.
Possession of an Assault Weapon and Legal Defenses
Individuals facing PC 30605 charges in California can build a defense. A lawyer can step in to help you handle these accusations. Depending upon your situation, a Los Angeles criminal defense lawyer could work to show that:
You Are Exempt from PC 30605 Charges
Some people in California are exempted from possession of an assault weapon charges. These individuals could possess a permit that allows them to own an assault weapon. If you have this kind of permit, make sure that you tell your lawyer right away.
You Did Not Possess an Assault Weapon
You should only face PC 30605 charges if you had actual or constructive possession of an assault weapon. Individuals who were not in control of an assault weapon should not get convicted under PC 30605.
You Faced an Unlawful Search
Police officers are only allowed to search your person or home if they have a lawful reason. In fact, many law enforcement officers require a warrant before conducting a search. Officers who disregard this regulation may violate your rights. This could allow a lawyer to get your charges dismissed.
Ask a Lawyer About Possession of an Assault Weapon
Find out more about possession of an assault weapon charges with the Simmrin Law Group. We’re standing by to help you face Penal Code §30605 accusations here in California. You can easily get in touch with our Los Angeles criminal defense lawyers to get help. Just call us at (310) 997-4688. You can also fill out our online contact form.
We’ll assist you starting with a free consultation.