California Penal Code 30605 makes it a crime to possess an assault weapon anywhere in the state, and a conviction can land you in custody for up to three years depending on how the district attorney files the case. The offense is a “wobbler,” which means prosecutors can charge it as either a misdemeanor or a felony. You do not have to fire the weapon, display it, or even own it. Keeping one in a home, car, or storage space you control is enough.1California Legislative Information. California Penal Code PEN 30605
What the Statute Actually Prohibits
Section 30605 reaches two kinds of possession. Actual possession means the firearm was on you or within your immediate reach. Constructive possession means you controlled the place where it was kept, such as your residence, vehicle, or storage unit, even if you never physically handled it. Ownership is not the test. If the weapon sits in a space you control and you know it is there, the possession element is satisfied.1California Legislative Information. California Penal Code PEN 30605
Which Firearms Trigger the Law
Before 30605 can apply, the firearm has to meet California’s definition of an assault weapon. The state uses two overlapping tests, and a gun that fails either one qualifies.
The first is a list of specifically named makes and models in Penal Code 30510, carried over from the Roberti-Roos Assault Weapons Control Act of 1989. It includes all AK-series variants, the Colt AR-15 series, the UZI, and dozens of other rifles, pistols, and shotguns. A minor variation on a listed model still counts.2California Legislative Information. California Penal Code 30510
The second test, in Penal Code 30515, looks at features. A semiautomatic centerfire rifle without a fixed magazine qualifies as an assault weapon if it also has any one of several features: a protruding pistol grip, a thumbhole stock, a folding or telescoping stock, a flash suppressor, a forward pistol grip, or a grenade or flare launcher. Semiautomatic pistols and shotguns have their own feature lists built on the same pattern. Any semiautomatic centerfire rifle or pistol with a fixed magazine over 10 rounds counts, as does any semiautomatic centerfire rifle under 30 inches in overall length, and any shotgun with a revolving cylinder.3California Legislative Information. California Penal Code 30515
What the Prosecution Has to Prove
A conviction requires two elements. The first is possession, actual or constructive, as described above. The second is knowledge: that you knew, or reasonably should have known, the firearm had the characteristics that make it an assault weapon under California law. You do not have to know the statute number or the precise legal definition. If the gun has an obvious pistol grip and a detachable magazine, a jury can infer you were aware of those features. Prosecutors often lean on a defendant’s firearms experience, prior purchases, or visible modifications to establish knowledge.
Penalties If You Are Convicted
Misdemeanor
A misdemeanor conviction carries up to one year in county jail. The statute itself sets no specific fine, so courts turn to Penal Code 672, which allows fines up to $1,000 for any misdemeanor where no amount is written into the offense.4California Legislative Information. California Penal Code PEN 672 Summary probation is common, typically with conditions requiring you to surrender the firearm and refrain from possessing any firearms during the probation period.
Felony
A felony conviction is sentenced under Penal Code 1170(h), which sets a term of 16 months, two years, or three years. That time is generally served in county jail rather than state prison, a result of the 2011 realignment that shifted most non-violent, non-serious felonies to county custody. If you have a prior serious or violent felony conviction, a prior felony from another state with comparable elements, or you are a registered sex offender, the same 16-month, two-year, or three-year sentence is served in state prison instead.5California Legislative Information. California Penal Code PEN 1170
Felony fines can reach $10,000 under Penal Code 672.4California Legislative Information. California Penal Code PEN 672 The longer-lasting consequence has nothing to do with jail. A felony conviction triggers a lifetime ban on owning or possessing any firearm under California and federal law.6California Legislative Information. California Penal Code 29800 That ban applies to all firearms, not only assault weapons, and it follows you across state lines.
How Charging Decisions Get Made
Because 30605 is a wobbler, two people with the same gun can face very different charges. Prosecutors weigh criminal history, especially prior weapons or violence convictions, whether drugs or other contraband were present, and whether the weapon was loaded, accessible, or near children. A first-time defendant with a single non-compliant rifle they believed was legal is far more likely to see a misdemeanor filing than someone with multiple unregistered assault weapons and a prior felony record.
Reduced Penalty for Some Prior Lawful Owners
Penal Code 30605(b) sets a much lighter penalty for a narrow group: people who lawfully owned the weapon before the state reclassified it but missed the registration window. If every one of the following is true, a first offense is punishable by a fine of up to $500 and no jail:
- You owned the weapon before it was legally defined as an assault weapon.
- You have never been convicted under this article before.
- You were caught within one year after the registration deadline expired.
- You possessed no more than two such firearms, and they otherwise complied with registration-related requirements.
- You relinquished the weapon to law enforcement under Penal Code 31100.
Miss any one condition and the standard penalties under subdivision (a) apply.1California Legislative Information. California Penal Code PEN 30605
Consequences Beyond the Sentence
A conviction under 30605 can reach into professional and personal areas well outside the courtroom. Felony convictions, and in some cases misdemeanor weapons convictions, can trigger disciplinary proceedings before professional licensing boards in healthcare, law, education, real estate, and other regulated fields. Responses to a board accusation are typically due within about 15 days of notice, so the clock moves quickly.
Employment background checks will flag a weapons offense. A felony conviction also disqualifies you from many government positions and from any job that requires carrying a firearm. For non-citizens, a weapons felony can lead to deportation or denial of a future visa or citizenship application.
Defenses Against a 30605 Charge
Several defenses can defeat or weaken a 30605 case.
Lack of knowledge is the most common. If you genuinely did not know the firearm had assault weapon features, for instance a borrowed rifle whose internal magazine mechanism you had no reason to inspect, the prosecution may not be able to prove the knowledge element. The defense gets weaker as a defendant’s firearms experience grows.
No actual or constructive possession applies when a weapon is found in a shared space and the prosecution cannot tie it to you specifically. If three roommates share an apartment and a rifle turns up in a common closet, the state needs ownership records, fingerprints, DNA, or witness testimony pointing at you.
Unlawful search and seizure is a procedural challenge. If officers found the weapon through a search that violated the Fourth Amendment, the court can suppress the firearm as evidence, which often ends the case.
Valid exemption covers people the statute protects: registered owners complying with Penal Code 30945, active law enforcement and military personnel acting within the scope of their duties, and licensed dealers and manufacturers operating under valid permits for sales to exempt agencies or out-of-state transfers.1California Legislative Information. California Penal Code PEN 30605
If You Already Have One: Voluntary Surrender
If you realize you are in possession of an assault weapon you cannot legally keep, whether through inheritance, a move, or a modification you did not know changed the gun’s classification, Penal Code 31100 lets you surrender it to law enforcement without facing prosecution. The firearm has to be unloaded and transported in a locked container.7California Legislative Information. California Penal Code PEN 31100
Arrange the surrender in advance. Do not walk into a police station unannounced with an assault weapon. Call ahead, explain the situation, and follow the department’s protocol. Surrendered weapons are destroyed and are not returned.
A Note on Manufacturing or Selling
Penal Code 30605 covers possession. If the conduct involves manufacturing, selling, distributing, or importing assault weapons into California, that is a separate and more serious offense under Penal Code 30600, which is always a felony and carries a sentencing range of four, six, or eight years. Transferring the weapon to a minor adds a consecutive one-year enhancement. Each weapon counts as a separate offense, so penalties stack when more than one firearm is involved.8California Legislative Information. California Penal Code PEN 30600