What Weapons Are Considered Assault Weapons Under Penal Code 30605 PC?

California law strictly regulates assault weapons, making it illegal to own or possess most without proper registration or a specific exemption. Unlike some states, California does not allow grandfathered ownership for most assault weapons. This means that even if a firearm was legally acquired before a ban, continued possession without proper registration or exemption can result in criminal charges under Penal Code 30605(a). A weapon can be classified as an assault weapon based on its name, specific design features, or modifications that add restricted components.

A firearm can be considered an assault weapon in one of the following ways:

1. Listed by Name – Certain firearms are explicitly named as assault weapons under Penal Code 30510 PC and the California Assault Weapons Control Act (AWCA). These include models such as:

   • AK-series rifles
   • AR-15-style rifles
   • UZI and Beretta AR-70

2. Defined by Features – Even if a firearm is not specifically listed, it can still be considered an assault weapon if it meets certain criteria under Penal Code 30515 PC. This includes:

   • Rifles with a detachable magazine and one or more prohibited features (e.g., pistol grip, flash suppressor, or collapsible stock).
   • Pistols with a threaded barrel or the ability to accept a forward handgrip.
   • Shotguns with a revolving cylinder or a detachable magazine.

3. Modified Firearms – A firearm that was legally purchased but later modified to include restricted features can become illegal under California law. For example, attaching a vertical foregrip to a semi-automatic pistol can turn it into an assault weapon under state regulations.

Can You Legally Own an Assault Weapon in California?

Owning an assault weapon is generally prohibited under state law, but there are limited exceptions where possession may be legally allowed:

• Registered Pre-Ban Weapons – Firearms lawfully owned and registered with the California Department of Justice (DOJ) before 2000 may be legally retained by their owners.
• Law Enforcement & Military Personnel – Active-duty law enforcement officers and military personnel may possess assault weapons in connection with their official duties.
• DOJ-Issued Permits – A small number of individuals, such as licensed firearms dealers, manufacturers, or collectors, may obtain a special DOJ permit allowing legal possession.
• Modified Firearms – If a weapon has been permanently altered to remove features that classify it as an assault weapon, it may no longer be restricted under California law.

When Can You Be Charged With Possession of an Assault Weapon?

A person can be charged with possession of an assault weapon if they knowingly or unknowingly have an illegal firearm in their possession or control. Prosecutors must prove the following elements beyond a reasonable doubt to secure a conviction:

• Possession of the Firearm – The prosecution must establish that the defendant had actual possession (physically carrying or holding the weapon) or constructive possession (storing or controlling access to the weapon, such as in a home, vehicle, or storage unit).

• The Firearm Meets the Legal Definition of an Assault Weapon – The state must prove that the firearm qualifies as an assault weapon under California law, whether due to its name, specific features, or modifications.

• Knowledge of Possession – While intent to break the law is not required, prosecutors typically argue that the defendant knew or should have reasonably known that the firearm in their possession was classified as an assault weapon.

Common Situations That Can Lead to Charges

• Owning or acquiring an assault weapon – A person may face charges if they purchase, inherit, or receive a firearm that qualifies as an assault weapon, even if they were unaware of its legal status.

• Possessing an out-of-state firearm in California – Many firearms legal in other states are considered assault weapons under California law. Bringing an unregistered assault weapon into the state can result in prosecution.

• Modifying a legal firearm into an assault weapon – Certain modifications, such as adding a pistol grip, a detachable magazine, or other restricted features, can turn an otherwise legal firearm into an illegal assault weapon.

• Failure to properly register a firearm – Some individuals who legally own an assault weapon under previous laws may face charges if they fail to meet California’s strict registration requirements.

• Discovery during a law enforcement search – If police find an unregistered assault weapon during a search—whether due to a traffic stop, home investigation, or another law enforcement encounter—charges may follow.

Penalties for Possession of an Assault Weapon in California

Misdemeanor Penalties

In many cases, possession of an assault weapon is charged as a misdemeanor, carrying the following potential penalties:

• Up to one year in county jail
• Fines of up to $1,000
• Misdemeanor probation, which may include firearm restrictions

Felony Penalties

Prosecutors have discretion to charge assault weapon possession as a felony in cases involving aggravating factors, such as:

• Prior felony convictions
• Possession of multiple assault weapons
• Weapons linked to other crimes

A felony conviction under PC 30605(a) can result in:

• 16 months, two years, or three years in state prison
• Fines of up to $10,000
• Felony probation in certain cases
• Lifetime firearm ban under California law

Additional Consequences

• A permanent criminal record, affecting employment and housing opportunities
• Loss of gun rights, including a ban on firearm ownership under federal law
• Possible federal charges if the firearm violates U.S. gun regulations

Legal Defenses Against Possession of an Assault Weapon Charges

 You Did Not Know the Weapon Was Illegal

To convict someone under PC 30605(a), prosecutors must prove that the defendant knew they possessed an assault weapon as defined by California law. If you were unaware that the firearm met the legal criteria for an assault weapon, this could be a valid defense.

The Firearm Was Discovered During an Illegal Search & Seizure

Law enforcement must follow proper search and seizure procedures when confiscating firearms. If police obtained the weapon without a valid warrant, probable cause, or your consent, the evidence may be suppressed, potentially leading to a dismissal of charges.

You Were in Lawful Possession

Certain individuals, such as law enforcement officers or those with special permits, may legally own an assault weapon in California. If you fall under an exempt category, you may not have violated the law.

The Firearm Does Not Qualify as an Assault Weapon

Not all firearms meet California’s legal definition of an assault weapon. If the prosecution misclassified the firearm or cannot prove that it meets the specifications outlined in Penal Code 30510 PC, the charges may not hold up in court.

You Were Not in Actual Possession of the Firearm

To be convicted of possession of an assault weapon, the prosecution must prove that you had actual or constructive possession of the weapon. If the firearm was found in a shared residence, vehicle, or storage unit and cannot be directly linked to you, this could weaken the case.

Contact a Los Angeles Criminal Defense Attorney for Assault Weapon Charges

Possessing an assault weapon in California is a serious criminal offense that can lead to felony charges, steep fines, and years in prison. Prosecutors aggressively enforce California’s strict gun laws, often seeking the maximum penalties—even if you were unaware that your firearm was classified as an assault weapon. A conviction can result in a permanent criminal record, firearm restrictions, and severe consequences for your future.

With over 20 years of experience, Attorney Hashemi has successfully defended clients facing weapons charges, firearm possession violations, and other serious criminal offenses. Our firm understands California’s complex gun laws and will fight to challenge weak evidence, negotiate for reduced penalties, or seek a case dismissal whenever possible.

If you are facing possession of an assault weapon charges , do not wait to build your defense. Contact our Los Angeles criminal defense attorney today for a free consultation and take the first step toward protecting your rights and your future.

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