Definition and Aspects of Possession of Ammunition:
In the United States, people have the right to acquire weapons and ammunition. However, certain individuals had this right taken away. California Penal Code 30305(a)(1) (PC 30305(a)(1)) prohibits specific individuals from possessing ammunition, and if violated, it can result in jail or prison time and expensive fines.
To be convicted of California Penal Code 30305(a)(1) (PC 30305(a)(1)), the Prosecution must prove the following:
- The Defendant possessed or owned ammunition
- The Defendant was aware that he/she possessed the ammunition
- The Defendant was forbidden from owning or possessing the ammunition
Citizens can get their right to possess ammunition taken away by prior criminal convictions or as a result of certain mental illnesses. If the ammunition on the Defendant is otherwise legal, but he/she is prohibited from owning it, the Defendant could be charged with California Penal Code 30305(a)(1) (PC 30305(a)(1)). These bans can last for a decade or even a lifetime, depending on the crime.
Ammunition can be cartridge, bullet, magazine, clip, autoloader, speed loader, or projective capable of being fire from a firearm with fatal consequences.
For California Penal Code 30305(a)(1) (PC 30305(a)(1)), possession can be direct or indirect. Direct possession has the ammunition on the Defendant – such as in their pocket, purse, or in his/her hand. Indirect possession refers to having it in a place owned by the Defendant, such as in a closet within the Defendant’s house. Multiple people can have indirect possession of the same item simultaneously, so if someone else owns prohibited ammunition in a shared home with the Defendant, it is against this statute.
Criminal Offenses Related to Possession of Ammunition:
Similar or related offenses to California Penal Code 30305(a)(1) (PC 30305(a)(1)):
- Possession of Destructive or Explosive Devices – California Penal Code 18710 (PC 18710)
- Possession of Assault Weapons – California Penal Code 30605(a) (PC 30605(a))
Defenses for Possession of Ammunition:
One of the requirements for California Penal Code 30305(a)(1) (PC 30305(a)(1)) is the awareness of the prohibited ammunition. If the Defendant was not aware that he/she had the ammunition, technically, he/she could not be convicted for the Possession (PC 30305(a)(1)).
Insufficient evidence could also be a factor that a skilled defense attorney could use to lessen the sentence or get the case thrown out altogether. According to United States law, the Defendant needs to be guilty beyond a reasonable doubt, and it is up to the Prosecution to prove that.
Lastly, if the officers who made the arrest did not follow proper protocol or did not possess the sufficient warrants needed, the evidence found can be thrown out due to illegal search and seizure.
Consequences and Penalty for Possession of Ammunition:
California Penal Code 30305(a)(1) (PC 30305(a)(1)) is a wobbler offense, meaning it could be charged as either a felony or a misdemeanor, depending on the details of the crime, the type of ammunition, and the history of the Defendant.
If Possession of Ammunition (PC 30305(a)(1)) is charged as a misdemeanor, the Defendant could be convicted to a jail sentence of up to one year.
On the other hand, if the Defendant gets convicted of a felony for California Penal Code 30305(a)(1) (PC 30305(a)(1)), the penalty is a time served in a California state prison for 16 months – 3 years. The convicted person could also be required to pay fines for up to $1,000.
This is not a strike offense.
Possession of Ammunition by Person Prohibited, under California Penal Code Section 30305(a)(1) (PC 30305(a)(1)), is a wobbler offense that can result in jail or prison time and expensive fines. It is essential that if you or someone you know is charged with Possession of Ammunition by Person Prohibited, you contact an expert attorney as soon as possible.
For an experienced attorney on your side, Action Lavitch from Action Defense Lawyers is available 24/7 at (747) DEFEND U or (747) 333-3638. With a proven track record of possession and weapon-related cases and speaking both English and Spanish, Action Lavitch and the team from Action Defense Lawyers provide skilled legal representation and professional advice. Having an above 90% success rate for clients, Action Defense Lawyers is the go-to for those charged with California Penal Code Section 30305(a)(1) (PC 30305(a)(1)), Possession of Ammunition by Person Prohibited. Book a free consultation today.