Per CA Penal Code 30605 – Possession of an Assault Weapon, it is against the law to own or possess an assault weapon. If convicted of this crime, you can be charged with a misdemeanor or a felony. You can also face a jail or prison sentence, fines, and other penalties.
Do not risk a conviction for the possession of an assault weapon in your driving under the influence case. Let Los Angeles DUI Lawyer connect you with an attorney who has decades of legal experience contesting charges like yours.
Your attorney can teach you about California’s penal codes and craft an argument designed to get your charge reduced or dismissed.
What Is an Assault Weapon?
The state of California defines an assault weapon as a semi-automatic gun intended for military use. It often uses a large-capacity magazine and allows a person to fire multiple rounds without having to reload it.
According to CA Penal Code 30515, there are three categories of assault weapons:
Category One
California includes unique firearms in each of its controlled categories. The weapons in each category share general characteristics.
The state classifies the following weapons as Category One weapons:
- Beretta AR-70
- Springfield Armor BM59
- Steyer AUG
- Sterling MK-6
Category One weapons also include all weapons additionally specified under the Roberti-Roos Assault Weapons Control Act of 1989, such as the SAR-48 and Bushmaster assault rifles.
Category Two
California’s second category of banned assault weapons covers variations of AK and AR weapons. These two strands of weapons only have small differences between them. Any weapons that fall under the AK and AR-15 series can see the holders charged with inappropriate possession and associated crimes.
Category Three
Penal Code 30515 specifically bars California residents from possessing weapons like the following:
- Semi-automatic rifles without a fixed magazine and with a protruding pistol grip or forward pistol grip, a thumbhole stock, a folding or telescoping stock, a grenade launcher, and/or a flash suppressor.
- Any semi-automatic rifles with fixed magazines exceeding 10 rounds of ammunition.
- Any semi-automatic rifles exceeding 30 inches in length.
- Shotguns with revolving cylinders, without fixed magazines, and/or folding telescoping stocks, protruding pistol grips, thumbstocks, threaded barrels, second handgrips or vertical grips.
- Semi-automatic pistols with threaded barrels, the capacity to work with a flash suppressor, silencer, or forward handgrip, as well as a second handgrip.
- Semi-automatic pistols with detachable magazines outside of a pistol grip.
- Semi-automatic pistols with inappropriate shroud coverage.
Additionally, any semi-automatic weapons that are not pistols, shotguns, or rifles must maintain less than 10 rounds in a fixed magazine. They must also be less than 30 inches in length, or they will fall under the category of banned weapons.
Can You Possess Any Assault Weapons in California?
Penal Code 30605 PC bars California residents from possessing any assault weapons. The state notes that its residents may face criminal charges if they’re accused of actual possession, meaning physical control of a weapon, or constructive possession, or access to a controlled weapon.
A Los Angeles DUI attorney can answer your questions relating to CA Penal Code 30605, CA Penal Code 245(a)(1), and other California laws. They can provide details about the penalties associated with your charges if the state accuses you of possessing an assault weapon or otherwise engaging in criminal activities.
CA Penal Code 30605 – Possession of an Assault Weapon Penalties
Possession of an assault weapon penalties vary. With a misdemeanor conviction, you could get a jail sentence of up to a year, a fine of up to $1,000, or both. If you get a felony conviction, you can be sentenced to a maximum of three years in prison, receive up to $10,000 in fines, or be subject to both.
There are exceptions to these penalties. For example, you could face an infraction instead of a misdemeanor or felony, resulting in a fine of up to $500. An attorney can explain this so you understand infractions in California and how they may apply to your DUI case.
Getting charged under CA Penal Code 30605 does not necessarily mean you will be penalized. In a DUI case, you can dispute your charge. To do so, partner with a DUI lawyer in Los Angeles who advocates for you and puts your best interests front and center.
How Can California’s Criminal Courts Compound Your Charges?
The charges you face when accused of the illegal possession of an assault weapon can grow more complex if the state charges you with additional crimes at the same time. The charges most often issued alongside PC 30605 violations include the following:
Manufacturing an Assault Weapon
No California resident has the legal right to craft, create, sell, give away, or lend an assault weapon or BMG rifle.
The inappropriate creation and distribution of these weapons can lead to the accused facing substantial fines as well as a lengthy prison sentence. This is particularly true when possession charges are compounded with manufacturing charges.
However, the specific consequences that come with a manufacturing charge will vary based on the weapon in question, the circumstances under which it was created, the circumstances under which it was discovered, and/or used.
Possessing Destructive Devices
No California resident may maintain an arsenal of destructive devices. The state includes devices like the following in its categories of controlled weapons:
- Grenades
- Explosive missiles
- Rocket and rocket-propelled devices
- Bombs
The possession of any weapons with explosive or incendiary materials can result in a “wobbler” charge. This is an offense that might become either a misdemeanor or felony depending on your circumstances.
If you’re accused of misdemeanor possession of destructive devices, you may face fines of up to $1,000 and a year in county jail. If you are given felony charges, you may spend three years in state prison unless you contest the claims brought against you.
Possessing Destructive Device Materials
California residents may not manufacture assault weapons, nor may they craft destructive devices. The possession of the materials needed to create bombs, grenades, and other explosive devices can see you face up to four years in county jail and fines of up to $10,000.
When Are You Exempt From Prosecution Under PC 30605?
You may be exempt from prosecution under PC 30605 if you can prove that you have a permit specifically entitling you to the possession of a banned assault weapon. Notably, maintaining a concealed firearms permit does not give you free rein to possess controlled weapons.
Additionally, you may avoid prosecution if you can prove that you are the executor of an estate that legally maintains controlled firearms. You can discuss how to argue for an exemption from PC 30605 prosecution during case consultations with a criminal defense lawyer.
What Should You Do if You Get Charged Under California Penal Code 30605 – Possession of an Assault Weapon?
Build a case that shows you do not deserve to be punished. If you are charged with possession of an assault weapon in addition to driving under the influence, ask a DUI lawyer for help. At this point, your lawyer may consider several legal defenses, including:
You Did Not Have an Assault Weapon in Your Possession
Police arrest you and claim you violated CA Penal Code 30605, CA Penal Code 242, DUI laws, and many other regulations. Your lawyer could prove you did not actually have an assault weapon in your possession at the time of your arrest. Also, your attorney can gather evidence to help disprove the other charges against you.
You Had No Idea an Assault Weapon Was in Your Possession
A friend or family member drives your car and leaves an assault weapon in your vehicle. Police pull you over on suspicion of driving under the influence and find you have an assault weapon. Your attorney can argue that the weapon does not belong to you and that you did not know it was there.
You Are Legally Allowed to Possess an Assault Weapon
If you had a firearm before it was classified as an assault weapon and registered it with the state, you may be allowed to keep it in your possession. Regardless, police officers could arrest you and say you are illegally in possession of an assault weapon. Your lawyer can provide a copy of a permit that helps you prove otherwise.
You Are the Victim of the Police Illegally Searching and Seizing Your Property
The Fourth Amendment protects you against unlawful searches and seizures. If police officers find an assault weapon in your possession and do so without a warrant, you could claim that your constitutional rights were violated. This may prevent a prosecutor from using certain pieces of evidence.
If you face possession of an assault weapon and DUI charges, you have legal options. Have a DUI attorney pursue these options to the fullest extent. They can prepare an argument that helps you avoid a conviction.
Don’t Try to Challenge Penal Code 30605 PC Charges Alone
If you’re accused of violating California’s assault weapon ban, you have the right to contest the accusations brought against you. However, we do not recommend that you cultivate your defense on your own. It’s often in your best interests to work with a criminal defense attorney to protect your rights.
Experienced criminal defense lawyers can speak with arresting officers and law enforcement, preventing you from incriminating yourself or sharing more information than you intended. An attorney can then attend your arraignment with you to break down your charges, push for bail, and challenge an initial assessment of your alleged crimes.
You can then sit with your attorney to discuss how you want to recover from your losses, how you want to approach the charges brought against you, and what your long-term goals are for your recovery. You can count on us to put your needs first. We’ll never agree to a plea deal or move forward with a defense without consulting you.
Los Angeles DUI Lawyer Gives Your Case the Attention It Deserves
Being convicted of possessing an assault weapon can impact you for the rest of your life. When coupled with a DUI, the conviction can force you to spend a long time in jail or prison and result in steep fines. Along with these penalties, your conviction can damage your relationships with family members, friends, and others.
If you want assistance with possession of an assault weapon and driving under the influence charges, reach out to Los Angeles DUI Lawyer. We have been a legal resource for those facing charges like yours for over 19 years. Our team can connect you with an attorney who will mount a strong defense.
With your lawyer’s help, you could keep your freedom. Reach out now to get started.
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