In California, a felon in possession of ammunition is charged under Penal Code 30305(a)(1), which makes it a crime for anyone barred from owning a firearm to have ammunition or reloaded ammunition. The offense is a wobbler: prosecutors can file it as a misdemeanor carrying up to one year in county jail, or as a felony punishable by 16 months, two years, or three years. The fine is capped at $1,000 either way.1 Because the statute borrows its list of prohibited people from other parts of California law, it reaches well beyond people most would picture as “felons.”
Who Counts as a Prohibited Person
PC 30305 does not define prohibited status on its own. It points to three other provisions, and anyone banned from firearms under those provisions is banned from ammunition too.
Penal Code 29800 is the broadest. It covers anyone convicted of a felony under California, federal, or another state’s law. It also covers people addicted to narcotic drugs and anyone with two or more convictions for brandishing a weapon under PC 417(a)(2).
Penal Code 29900 applies to people convicted of specific violent offenses, including murder, voluntary manslaughter, rape, robbery, kidnapping, arson, and carjacking. A conviction on that list triggers a lifetime ban.
Welfare and Institutions Code sections 8100 and 8103 add mental health prohibitions. WIC 8100 reaches people currently in inpatient treatment for a mental disorder who have been found to be a danger to themselves or others. A separate provision imposes a five-year prohibition on anyone who communicates a serious threat of physical violence to a licensed psychotherapist.
A separate note on restraining orders: someone with an active domestic violence protective order who possesses ammunition is generally charged under PC 29825, not PC 30305.
What Counts as Ammunition
The definition is wide. Under Penal Code 16150(b), ammunition for purposes of PC 30305 includes any bullet, cartridge, magazine, clip, speed loader, autoloader, or other ammunition feeding device, plus any projectile capable of being fired from a firearm with deadly consequences. Blanks are excluded. A single loose round, or even an empty magazine, is enough to support the charge.
Misdemeanor and Felony Penalties
PC 30305(a)(2) sets one penalty range that covers both filings: up to one year in county jail, a fine of up to $1,000, or both.
Misdemeanor
Filed as a misdemeanor, the ceiling is one year in county jail and a $1,000 fine. First-time offenders often receive probation with conditions rather than jail. The conviction still leaves a criminal record.
Felony
Filed as a felony, the sentence follows California’s default triad under Penal Code 1170(h) because the statute does not specify a term of its own: 16 months, two years, or three years. Under realignment, most people sentenced under this statute serve their time in county jail rather than state prison, unless prior serious or violent felony convictions disqualify them from local custody. The fine is still capped at $1,000.
Prosecutors tend to reserve felony filings for defendants with prior felony convictions, cases involving large quantities of ammunition, or ammunition possession tied to other criminal activity.
The Defense Written Into the Statute
PC 30305(c) contains a statutory justification that many defendants overlook. All three of these conditions must be met:
- The person either found the ammunition or took it from someone who was committing a crime against them.
- They kept it only long enough to deliver or transport it to law enforcement for disposal.
- Their prohibited status comes solely from a PC 29800 felony conviction or from a gang injunction under subdivision (b) of the statute.
The defendant carries the burden of proving this defense by a preponderance of the evidence. Someone who finds a box of cartridges and drives it straight to a police station has a plausible claim. Someone who holds onto it for weeks does not.
Other Defenses That Move Cases
Lack of Knowledge
Although the statute does not use the word “knowingly,” California courts generally require the prosecution to prove the defendant knew the ammunition was present and had control over it. Shared apartments, borrowed cars, and common storage areas are where this fight usually happens. Ammunition in plain sight in the defendant’s own bedroom is different from ammunition in a garage used by several tenants.
Constructive Possession
When ammunition is not on the person’s body, the prosecution must show the defendant knew about it and had the ability and intent to control it. Proximity alone is not enough. Multiple people can constructively possess the same item, so exclusive control is not required, but a case without the defendant’s fingerprints, DNA, or belongings near the ammunition is weaker.
Unlawful Search
If officers found the ammunition through a search that violated the Fourth Amendment, the evidence can be suppressed. Warrantless searches, searches that exceed the scope of a warrant, and stops without reasonable suspicion are common pressure points. Plain-view seizures require that the incriminating nature of the item be immediately apparent.
Not Actually Prohibited
Sometimes the defendant is not prohibited at all. A prior felony may have been reduced to a misdemeanor under Proposition 47. An out-of-state conviction may not meet California’s criteria under PC 29800(c) or (d). A mental health hold may have expired with rights restored. Proving this typically requires court records or documentation that the underlying prohibition no longer applies.
Federal Exposure
A state charge under PC 30305 does not block federal prosecutors from filing their own case for the same conduct. Under 18 U.S.C. 922(g), ammunition possession is illegal for convicted felons, fugitives, unlawful users of controlled substances, people adjudicated as mentally defective, those subject to qualifying domestic violence restraining orders, and anyone convicted of a misdemeanor crime of domestic violence. Federal penalties reach up to 10 years in prison and fines up to $250,000. Defendants with three or more prior convictions for violent felonies or serious drug offenses face a mandatory 15-year minimum under the Armed Career Criminal Act. Dual state and federal prosecution is permitted under the separate sovereigns doctrine.
Collateral Consequences
A felony conviction under PC 30305 creates a new disqualifying conviction that can extend the firearm and ammunition prohibition for life. It also generates background-check flags that can affect employment, professional licensing, and housing for years.
Voting rights in California are less restricted than many people assume. A person with a felony conviction loses the right to vote only while actually imprisoned. Proposition 17, passed in 2020, restored voting rights for people on parole. Anyone who has completed their sentence, or who is on parole, probation, or post-release community supervision, can register and vote.
Immigration consequences are serious. A conviction under PC 30305 can trigger deportation, particularly when charged as a felony, and even a misdemeanor can complicate naturalization, adjustment of status, or visa renewal. Non-citizens facing this charge should consult an immigration attorney alongside criminal defense counsel, because a plea that looks favorable in criminal court can still be devastating under federal immigration law.