Felon in Possession of Ammunition – California Penal Code 30305(a)(1) PC

What Is California Penal Code 30305(a)(1) PC?

California Penal Code 30305(a)(1) makes it illegal for certain individuals—primarily those with prior felony convictions—to own, possess, or have control over any type of ammunition. This applies regardless of whether the person also possesses a firearm. Even a single bullet, shell casing, or round stored in a drawer or vehicle can trigger a criminal charge under this statute.

This law is aimed at individuals who are already prohibited from owning or possessing firearms under state or federal law. In addition to convicted felons, this includes:

• Individuals with certain misdemeanor convictions involving violence or firearms

• People subject to active restraining or protective orders

• Persons who are addicted to narcotics

• Individuals with a prior mental health hold or adjudication that disqualifies them under firearm laws

Under California Penal Code 30305(a)(1), any person who is prohibited from owning or possessing a firearm under Penal Code 29800 (or other applicable laws) is also prohibited from owning or possessing ammunition or reloaded ammunition. Violation of this section is typically charged as a felony.

Because ammunition possession is often discovered during routine searches, traffic stops, or probation checks, many people are caught off-guard—especially if they were unaware the ammunition was still in their home, vehicle, or storage space. A conviction can result in state prison time, mandatory supervision, and permanent consequences under both California and federal law.

Who Is Prohibited from Possessing Ammunition in California?

Under California law, it’s not just convicted felons who are banned from possessing ammunition. Penal Code 30305(a)(1) applies to a wide range of individuals who are legally prohibited from owning or possessing firearms — and by extension, ammunition. This includes people who may not even realize they fall into a restricted category.

The following groups are prohibited from possessing ammunition in California:

• Convicted felons
  Anyone convicted of a felony offense under state or federal law is barred from possessing firearms and ammunition.

• Certain misdemeanor offenders
  Individuals with specific misdemeanor convictions — such as domestic violence (e.g., Penal Code 273.5), brandishing a weapon (Penal Code 417), or assault — may also lose their ammunition rights, often for 10 years.

• Persons subject to restraining or protective orders
  This includes domestic violence restraining orders, civil harassment orders, or emergency protective orders issued by a court.

• Individuals addicted to narcotics
  Under California law, a person who is determined to be addicted to drugs may not possess firearms or ammunition.

• Mentally prohibited persons
  Those who have been placed under certain mental health holds (e.g., 5150 holds), found not guilty by reason of insanity, or otherwise declared mentally incompetent may fall into a restricted category.

• Minors under 18
  Except in very limited circumstances, California prohibits minors from purchasing or possessing ammunition.

• Probationers or parolees with firearms/ammunition terms
  Some individuals under supervision may have specific terms that prohibit ammunition possession, even if they are not legally prohibited otherwise.

Important: You do not need to have a firearm in your possession to be charged. Simply having ammunition — even an unused bullet or shell — can be enough to violate PC 30305(a)(1).

Elements of a Penal Code 30305(a)(1) Violation

To convict someone of unlawful possession of ammunition under PC 30305(a)(1), prosecutors must prove two specific elements beyond a reasonable doubt. These elements apply whether the defendant had a single bullet or an entire box of ammunition — quantity doesn’t matter under the law.

The prosecution must establish:

• You knowingly possessed ammunition
  This means you were aware of the presence of the ammunition and had control over it. Simply being near ammo, such as in someone else’s car or home, is not enough — the possession must be knowing and intentional.

• You were legally prohibited from possessing ammunition
  This includes individuals with felony convictions, certain misdemeanor offenses, active restraining orders, or other legal disqualifications (as listed in the prior section). It must be proven that the restriction applied at the time you had the ammunition.

It’s not necessary for the state to prove you had a gun. Possession of ammunition alone can result in a felony charge under PC 30305(a)(1).

Penalties and Consequences for Violating PC 30305(a)(1)

A conviction for unlawful possession of ammunition under California Penal Code 30305(a)(1) is treated as a felony offense in most cases — carrying serious legal, personal, and financial consequences.

Criminal Penalties

If convicted, a person faces:

• Up to 3 years in county jail under California’s realignment law (PC 1170(h))

• Felony probation in lieu of incarceration (in some cases)

• A fine of up to $10,000

• A formal felony conviction on your record

The severity of the sentence often depends on the person’s criminal history, the circumstances of the possession (e.g., ammunition found during a parole search or probation check), and whether any other charges are filed alongside the PC 30305(a)(1) violation.

Collateral Consequences

In addition to jail time and fines, a conviction can result in:

• Violation of parole or probation — which could lead to immediate custody or additional penalties

• New felony charges if firearms or other prohibited items were found during the same investigation

• Federal prosecution — since federal law also prohibits convicted felons from possessing ammunition, the case could be referred to federal authorities in serious situations

A felony conviction under PC 30305(a)(1) can also affect employment, housing, immigration status (for non-citizens), and civil rights — including a permanent loss of the right to possess firearms.

Related Charges Often Filed With PC 30305(a)(1)

[PC 29800 – Felon in Possession of a Firearm]
Frequently charged alongside 30305(a)(1). If a person prohibited from firearm ownership also possesses a gun, prosecutors will almost always file this felony as well.

[PC 25400 – Carrying a Concealed Firearm]
Applies when someone is found carrying a hidden firearm on their person or in a vehicle. If ammunition is found along with the gun, both PC 25400 and PC 30305 may be filed together.

[PC 25850 – Carrying a Loaded Firearm in Public]
If a loaded weapon is discovered during a stop or arrest — and the defendant is prohibited from possessing ammunition — both firearm and ammo charges may apply.

[PC 30306 – Possession of Prohibited Ammunition]
A separate offense involving specific types of restricted ammo (e.g., armor-piercing rounds). Can be charged in addition to PC 30305 if the prohibited person had illegal rounds.

[PC 12022 – Armed with a Firearm Enhancement]
This sentencing enhancement may be applied if the defendant was armed while committing another felony — including unlawful possession of ammunition.

Legal Defenses to PC 30305(a)(1) Charges

You didn’t know the ammunition was present
One of the key elements prosecutors must prove is that you knowingly possessed the ammunition. If you were unaware that it was in your vehicle, home, or personal property — for example, if someone else left it there — this could be a valid defense.

You were not in actual or constructive possession
Possession doesn’t only mean physically holding the ammunition. Prosecutors often argue that you had “constructive possession” if ammo was found nearby. But if the ammunition wasn’t in your control or easily accessible — such as in a shared space — we can argue you didn’t legally possess it.

The search or seizure was unlawful
If law enforcement found the ammunition as a result of an illegal traffic stop, search, or home entry, the evidence may be excluded under the Fourth Amendment. Suppressing the ammunition can result in the case being dismissed.

You possessed the ammunition only temporarily or for a lawful reason
In limited cases, “innocent possession” can apply — such as when a prohibited person finds ammunition and intends to safely dispose of it or surrender it to law enforcement. If your attorney can establish there was no criminal intent, the charge may not hold.

Mistaken identity or false accusation
If you were wrongly identified, or if the ammunition was attributed to you in error (such as being found in a car you didn’t own or control), we can challenge the evidence and credibility of witnesses or police assumptions.

Speak With a Los Angeles Criminal Defense Attorney Today

If you or someone you love is facing charges under PC 30305(a)(1) for unlawful possession of ammunition, contact our office immediately to protect your rights and begin building your defense.

With over 20 years of criminal defense experience, The Law Offices of Arash Hashemi has represented clients in complex weapons and firearm-related cases across Los Angeles County. Our criminal defense attorney takes a proactive approach from the outset, focusing on the facts, the legality of the search or arrest, and whether your rights were violated. We don’t rely on one-size-fits-all strategies — we tailor every defense to the unique circumstances of your case.

To speak directly with Attorney Arash Hashemi,and begin building your defense, contact our office today to schedule a free, confidential consultation.

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