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Felon in Possession of Ammunition: California Penal Code 30305

Posted by Bulldog Law | Jun 17, 2025

possession of ammunition

California Penal Code 30305 makes it a felony for certain individuals, primarily those with previous felony convictions, to possess ammunition. This law imposes severe penalties, including long prison sentences, additional felony convictions, and long-term consequences that can affect every area of a person's life. Importantly, these charges often arise in situations where there is no firearm involved and no intent to use the ammunition unlawfully.

Understanding PC 30305 and its potential consequences is critical for anyone who has a prior felony conviction and is now facing new allegations related to ammunition possession. Defending against these charges requires a strong legal strategy and early intervention by an experienced defense attorney.

Who Is Prohibited from Possessing Ammunition in California?

Under California law, individuals are prohibited from possessing ammunition if they fall into certain legal categories, including:

  • Convicted felons
  • Individuals convicted of certain misdemeanor offenses involving violence or firearms
  • Those subject to domestic violence restraining orders
  • Individuals found mentally incompetent or placed under conservatorship
  • Persons who have lost firearm rights due to drug addiction or other disqualifying conditions

These prohibitions mirror restrictions under both state and federal law, and anyone found in violation can face prosecution at either level. In some cases, these charges may lead to overlapping federal firearms violations, making it essential to understand how to fight federal firearms charges with top legal defenses.

What Qualifies as "Ammunition"?

The legal definition of ammunition under California law is broader than many people realize. It includes:

  • Complete cartridges
  • Bullets and projectiles
  • Primers and casings
  • Shotgun shells
  • Any ammunition component or reloading parts

This expansive definition means a person can face felony charges even for possessing something they may not recognize as legally significant—such as a spent casing or reloading material found in a garage or storage area.

The Legal Elements Prosecutors Must Prove

To convict someone under PC 30305, the prosecution must prove several elements beyond a reasonable doubt:

  • The defendant possessed ammunition
  • The defendant knew they possessed it
  • The defendant was legally prohibited from possessing ammunition

Actual vs. Constructive Possession

Possession does not require the ammunition to be found on the person. Constructive possession includes situations where the individual had access to or control over a space (like a car or shared apartment) containing ammunition. These cases are particularly common in traffic stops or shared household searches and offer potential defense strategies based on lack of knowledge or control.

Common Defense Strategies in PC 30305 Cases

Challenging Knowledge and Intent

One of the strongest defenses is showing that the defendant did not know about the presence of ammunition. For instance, if ammunition was found in a shared area of a home, the defense can argue the defendant neither owned nor controlled the item. As clarified in People v. Bay, simple proximity is not enough to establish possession.

Temporary Possession

In limited cases, temporary possession for lawful purposes, such as briefly possessing ammunition to turn it over to law enforcement, may be a valid defense.

Restoration of Rights or Invalid Prior Conviction

Some defendants may not actually fall under the PC 30305 prohibition due to:

  • Successful appeals or expungement of prior convictions
  • Restoration of firearm rights
  • Procedural defects in the prior conviction

Defense attorneys often examine whether the prior conviction qualifies as a bar under PC 30305 or whether new legal developments, like Senate Bill 1242, affect the defendant's current legal status, especially in cases overlapping with organized retail theft or other enhancement laws.

Sentencing and Long-Term Consequences

Criminal Penalties

A violation of PC 30305 is usually charged as a felony and can result in:

  • 16 months, two years, or three years in state prison
  • Probation with or without jail time (in rare cases)
  • Firearm and ammunition bans for life

If the defendant has a prior strike offense, the penalty may double under California's Three Strikes Law. Additionally, enhancements such as those under California Penal Code 1203.06 defending against firearm enhancement probation bars may bar probation entirely for firearm-related offenses, further compounding the consequences.

Collateral Consequences

Even beyond prison time, a felony conviction for ammunition possession can:

  • Prevent future employment
  • Block housing and educational opportunities
  • Create immigration consequences, including deportation for non-citizens
  • Lead to loss of professional licenses

The Risk of Federal Charges

Ammunition possession by a prohibited person is also a federal offense under 18 U.S. Code § 922(g). This means a PC 30305 case may result in dual prosecution or federal indictment—especially in cases involving larger quantities of ammunition, prior federal convictions, or organized activity. A defense attorney must be prepared to address the potential for federal firearm charges as part of the overall strategy.

Why Hiring an Attorney Early Matters

Early intervention in a PC 30305 case is critical. An experienced attorney can:

  • Challenge the evidence before formal charges are filed
  • Identify constitutional violations such as unlawful search or seizure
  • Assess whether the defendant's status legally disqualifies them from possession
  • Develop mitigation strategies showing rehabilitation or hardship
  • Negotiate reduced charges or alternative sentencing

If your case has federal implications, it is essential to work with a defense team that understands how to navigate both court systems and the laws that govern firearm and ammunition restrictions.

Facing Penal Code 30305 Charges? Work with a Firearms Possession Defense Attorney in California

If you or a loved one has been accused of ammunition possession under California Penal Code 30305, the consequences can be devastating without the right legal help. At Bulldog Law, our attorneys understand the stakes—and we know how to fight back.

Our team has extensive experience defending against firearm-related charges, including both state and federal cases. Whether you need to challenge a prior conviction, dispute knowledge of possession, or fight enhancements under California law, we're here to help you take control of your defense.

Don't face these charges alone. Contact Bulldog Law today for a confidential consultation with an experienced criminal defense attorney in California.

About the Author

We offer criminal defense, immigration, personal injury and cryptocurrency legal services in both English and Spanish. Call us at 800-787-1930 for a free consultation.


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