Violations of CA Penal Code 30505(a)(1) involve situations where people who were previously convicted of a felony are found in possession of ammunition. This statute prohibits felons from owning, purchasing, or accessing ammunition in the state of California.
Facing accusations that you’ve violated this law can feel overwhelming and confusing. Beyond the legal jargon of the California Penal Code, the possible consequences of this type of violation can include imprisonment, fines, and the long-term impact of a felony record.
All of this can leave people like you uncertain about what lies ahead or what to do next. Many people underestimate how seriously the state enforces restrictions related to firearm and ammunition possession, but you’re not alone. We can connect you with a lawyer who can help.
What Penal Code 30305(a)(1) Prohibits
California Penal Code 30305(a)(1) states that anyone who is prohibited from owning or possessing a firearm under state laws is also prohibited from owning, possessing, or having ammunition either in their custody or under their control.
This restriction extends the state’s ban on firearm possession to include ammunition. In practice, it means that if someone is legally barred from having a gun, they are equally barred from having a bullet or any cartridges in their possession.
Also, “possession” does not only refer to instances in which you are physically carrying ammunition. Rather, California state courts recognize two types of possession:
- Actual possession: This is when ammunition is found on the person, like inside their pocket or in their bag.
- Constructive possession: This is when ammunition is in a place under the person’s control, such as in a home, car, or storage unit, even if they are not physically holding it.
Who Is Prohibited From Possessing Ammunition?
According to the definition of serious felony offenses, anyone who has been convicted of a felony in California cannot legally own or possess ammunition.
Similarly, this also applies to people who are convicted of a crime in another jurisdiction that would qualify as a felony under California state laws.
These are examples of other groups who are also prohibited from possessing ammunition under state laws:
- Individuals convicted of certain firearm-related misdemeanors
- Persons subject to certain restraining orders, like in domestic violence cases
- Individuals who are deemed mentally incompetent to stand trial
- Those who are found not guilty by reason of insanity
- People addicted to narcotics
In Compton as well as the greater Los Angeles area, law enforcement agencies actively monitor and prosecute cases involving these restrictions. This is particularly true when they are linked to broader investigations into illegal firearms or gang-related activity.
Penalties for Violating Penal Code 30305(a)(1)
Possessing ammunition as a prohibited person is known as a wobbler offense under California law. This means it can be prosecuted as either a misdemeanor or a felony, depending on the circumstances of your case and your pre-existing criminal history.
As a misdemeanor, the crime is punishable by up to one year in county jail and fines of around $1,000. As a felony, the offense is punishable by up to three years in county jail with fines reaching upwards of $10,000.
These are examples of factors that influence whether prosecutors pursue misdemeanor or felony charges:
- The defendant’s prior criminal record
- The circumstances under which the ammunition was discovered
- Whether the case involves additional offenses, like possession of a firearm
Ammunition as Defined Under California Law
According to California state laws, the definition of ammunition includes:
- Bullets
- Cartridges
- Magazines containing rounds
- Reloaded ammunition
Even a single bullet qualifies as ammunition under the statute. This means that you don’t need to be found with large quantities to face charges if you’re a felon in possession of ammunition.
This strict definition underscores the seriousness with which California treats ammunition restrictions.
Defenses Under California State Laws
Although the statute is broad, there are recognized defenses that may apply in certain cases:
- Lack of knowledge: This means the defendant did not know ammunition was present, such as instances where you borrow a car that had bullets hidden inside of it, though you were not aware of this at the time.
- Illegal search and seizure: This might apply if police discovered ammunition through an unconstitutional search, at which point the evidence may be suppressed.
- Not in possession: This could apply if the defendant did not actually or constructively possess the ammunition.
- Mistaken identity or wrongful accusation: This may apply in cases where multiple people had access to the location where the ammunition was originally found.
It’s important to note that these defenses depend heavily on the specific facts of a case and how evidence was obtained.
Contact a Los Angeles Criminal Defense Law Firm to Discuss CA Penal Code 30505(a)(1)
Suppose you or someone you care about has been arrested under California Penal Code 30505(a)(1) for being a felon in possession of ammunition. In that case, it’s understandable to feel anxious about what this means for your future or the well-being of your loved one.
The choices you make right now can have a lasting impact on the outcome of the case. That’s why it’s so important to fully understand the law and avoid missteps that could make your situation worse. However, you don’t have to handle this process on your own.
For decades, Los Angeles DUI Lawyer has connected thousands of clients with attorneys who made all the difference in their cases.
We’re here to connect you with Los Angeles criminal defense attorneys who will protect your rights and defend you against these accusations.
