Los Angeles Possession of an Assault Weapon Defense: Understanding California PC § 30605 Charges

Facing possession of an assault weapon charges in Los Angeles can lead to severe consequences, including prison time, substantial fines, and a criminal record that impacts your employment and personal life. Under California Penal Code § 30605, it is illegal to possess an assault weapon as defined by California law, such as certain semi-automatic firearms with specific features. At Rogers | Beltran LLP, our experienced Los Angeles possession of an assault weapon defense attorneys are dedicated to protecting your rights and fighting for the best possible outcome. Below, we explain possession of an assault weapon charges, what the prosecution must prove, common defenses, exceptions to the law, potential penalties, and critical information to help you navigate these charges.

What is Possession of an Assault Weapon in California?

California Penal Code § 30605 prohibits the possession, manufacture, sale, or transfer of assault weapons, which are defined under PC § 30510 and PC § 30515 as specific firearms (e.g., AR-15 or AK-47 style rifles) or semi-automatic firearms with certain features (e.g., pistol grips, detachable magazines). California’s strict gun laws aim to enhance public safety by restricting access to these weapons. Key aspects include:

1. Possession of an Assault Weapon (PC § 30605)

  • Description: Involves knowingly owning, possessing, or having custody or control of an assault weapon, such as a semi-automatic rifle with prohibited features, without a permit or exemption.
  • Key Factors: Typically a felony, though it can be a misdemeanor in limited cases based on circumstances.

2. Related Charges

  • Description: Possession of an assault weapon may be charged alongside related offenses, such as:
    • PC § 29800 (possession of a firearm by a convicted felon).
    • PC § 30305 (possession of ammunition by a convicted felon).
    • PC § 25850 (carrying a loaded firearm).
  • Key Factors: Multiple charges can increase penalties and complicate defense strategies.

3. Exceptions to PC § 30605

  • Registered Assault Weapons: If the assault weapon was legally registered with the California Department of Justice before the registration deadline (e.g., under the 1989 or 2000 Assault Weapons Control Act), possession may be lawful.
  • Lawful Employment: Peace officers, military personnel, or certain licensed individuals may possess assault weapons for job-related duties.
  • Temporary Possession: Possession for the purpose of surrendering the weapon to law enforcement or for legal transfer may be exempt.
  • Key Factors: Exceptions require clear documentation, such as registration records or employment authorization.

What the District Attorney Must Prove in a Possession of an Assault Weapon Case

To secure a conviction under PC § 30605, the Los Angeles DA must prove the following elements beyond a reasonable doubt:

  1. Possession or Control: You knowingly owned, possessed, or had custody or control of an assault weapon as defined in PC § 30510 or § 30515.
  2. Knowledge: You knew or reasonably should have known the item was an assault weapon.
  3. No Exemption: You did not qualify for an exemption, such as a registered weapon or lawful employment.
  4. Firearm Classification: The item meets California’s definition of an assault weapon (e.g., specific models or features like a detachable magazine).

The DA relies on evidence such as police reports, recovered firearms, witness testimony, or forensic analysis. An experienced Los Angeles possession of an assault weapon attorney at Rogers | Beltran LLP can challenge this evidence to weaken the prosecution’s case.

Common Defenses to Possession of an Assault Weapon Charges in Los Angeles

A skilled defense attorney can employ several strategies to fight PC § 30605 charges. Common defenses include:

  1. Qualifying Exception:
    • If the assault weapon was legally registered or possessed for lawful employment, the charge may not apply.
    • Example: You possessed a registered AR-15 under California’s assault weapon registration laws.
  2. No Knowledge:
    • If you were unaware the firearm was in your possession or classified as an assault weapon, you may not be guilty.
    • Example: Someone else stored the weapon in your home or vehicle without your knowledge.
  3. Illegal Search and Seizure:
    • If police obtained evidence through an unlawful search, it may be suppressed.
    • Example: The firearm was found during an illegal vehicle or home search.
  4. False Allegations:
    • Charges may stem from misunderstandings or false claims by others.
    • Example: A witness falsely reported you possessing an assault weapon to retaliate.
  5. Not an Assault Weapon:
    • If the firearm does not meet California’s definition of an assault weapon (e.g., lacks prohibited features), the charge may not apply.
    • Example: The firearm was a standard semi-automatic rifle without a pistol grip or detachable magazine.
  6. Temporary Possession:
    • If you possessed the weapon solely to surrender it to law enforcement, you may be exempt.
    • Example: You were transporting the firearm to a police station for disposal.

At Rogers | Beltran LLP, our Los Angeles possession of an assault weapon defense lawyers will thoroughly investigate your case to identify the most effective defense strategy.

Potential Penalties for Possession of an Assault Weapon Convictions in California

Penalties for possession of an assault weapon under PC § 30605 depend on whether the charge is a misdemeanor or felony and your criminal history. As of July 14, 2025, potential consequences include:

Misdemeanor Possession of an Assault Weapon (PC § 30605)

  • Jail Time: Up to 1 year in county jail.
  • Fines: Up to $1,000 (plus court fees).
  • Probation: Up to 3 years of informal probation, often with conditions like community service or restrictions on possessing firearms or ammunition.
  • Firearm Confiscation: The assault weapon may be seized and destroyed.

Felony Possession of an Assault Weapon (PC § 30605)

  • Prison Time: 16 months, 2, or 3 years in state prison.
  • Fines: Up to $10,000 (plus fees).
  • Probation: Formal probation with conditions like restitution or counseling.
  • Felony Record: Impacts employment, housing, and professional licenses.
  • Firearm Rights: Reinforces permanent loss of firearm and ammunition possession rights (PC § 29800).
  • Strike Offense: May count as a “strike” under California’s Three Strikes Law if combined with other violent charges.

Additional Consequences

  • Immigration Consequences: Non-citizens may face deportation or visa issues.
  • Employment Challenges: A criminal record can limit job opportunities, especially in roles requiring background checks or security clearances.
  • Professional License Impacts: Affects licenses for professions like security, law, or healthcare.
  • Civil Lawsuits: If possession caused harm or fear, victims may sue for damages.

What Else Should You Know About Possession of an Assault Weapon Charges in Los Angeles?

Possession of an assault weapon charges under PC § 30605 are strictly enforced in California, particularly in Los Angeles’s urban environment with stringent firearm regulations. Here are additional details to understand:

The Possession of an Assault Weapon Charge Process in Los Angeles

  1. Investigation: Police investigate based on traffic stops, home searches, or public complaints, often using bodycam footage, database checks, or recovered firearms.
  2. Arrest and Booking: You may be booked and released on bail or held without bail for felony charges.
  3. Court Proceedings: Your case involves arraignment, pre-trial motions, and possibly a trial. Plea deals may reduce charges to lesser offenses like possession of a firearm (PC § 29800).
  4. Diversion Programs: For misdemeanor charges, judicial diversion (PC § 1001.95) may be available for first-time offenders, dismissing charges upon completion of conditions.

Exceptions to PC § 30605

  • Registered Assault Weapons: Possession is lawful if the weapon was registered with the California Department of Justice before the applicable deadline (e.g., under the 1989 or 2000 Assault Weapons Control Act). Proof of registration is required.
  • Lawful Employment: Peace officers, active military personnel, or certain licensed individuals may possess assault weapons for job-related duties, with proper documentation.
  • Temporary Possession: Possession for the purpose of surrendering the weapon to law enforcement or legal transfer (e.g., to a licensed dealer) may be exempt.
  • Burden of Proof: You must demonstrate eligibility for an exception, often requiring legal representation to present evidence effectively.

Why You Need a Los Angeles Possession of an Assault Weapon Attorney

Navigating PC § 30605 charges requires legal expertise due to complex firearm laws and severe penalties. An experienced attorney at Rogers | Beltran LLP can:

  • Challenge the prosecution’s evidence, such as proof of knowledge or firearm classification, to seek dismissal or reduction of charges.
  • Argue for lawful exceptions based on registration or employment.
  • Represent you in court to protect your rights and future.
  • Mitigate impacts on your employment, professional licenses, or immigration status.

How to Protect Yourself After a Possession of an Assault Weapon Charge

  1. Do Not Discuss the Case: Avoid talking about the incident with anyone except your attorney, as statements can be used against you.
  2. Document Evidence: Keep records of registration documents, employment authorization, or witnesses supporting your defense (e.g., proof of lawful possession).
  3. Hire an Attorney Immediately: Early intervention can lead to dismissed charges or reduced penalties.
  4. Comply with Court Orders: Follow bail conditions to avoid additional charges.

Los Angeles-Specific Considerations

  • Urban Context: Los Angeles’s high-crime areas (e.g., South LA, Downtown) and strict firearm laws lead to aggressive enforcement of PC § 30605, often during routine stops or searches.
  • Local Courts: Cases are typically heard in courts like the Los Angeles Superior Court or Compton Courthouse, each with unique procedures.
  • Police Enforcement: LAPD uses advanced tools like bodycams and firearm registries, which can be challenged for errors or unlawful searches.

Contact Rogers | Beltran LLP for Expert Possession of an Assault Weapon Defense in Los Angeles

A California possession of an assault weapon charge under PC § 30605 doesn’t have to define your future. At Rogers | Beltran LLP, our dedicated Los Angeles possession of an assault weapon attorneys are committed to protecting your rights and fighting for the best possible outcome. We have the expertise to build a strong defense, leveraging exceptions and challenging evidence to minimize the impact on your life.

Call us today at (213) 900-9004 or fill out our online contact form for a free, confidential consultation. Let us help you navigate the legal process and safeguard your future.