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I. PC 30305(a)(1): Possession of Ammunition by Person Prohibited

Legal Definition: “No person prohibited from owning or possessing a firearm…shall own, possess, or have under custody or control, any ammunition or reloaded ammunition”.

To be found guilty under PC 30305 the prosecution must prove that you:

  1. You owned, possessed, or had under your control ammunition;
  2. You knew that you owned, possessed, or hand under your control the ammunition;
  3. You were forbidden from owning or possessing the ammunition based on a prior criminal conviction or through a mental illness.

II. What does this mean?

Ammunition means a bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence. Ammunition includes reloaded ammunition. The conviction can also be from a juvenile adjudication. A person does not actually have to hold or touch something to possess it. This means that if you have ammunition in your home, for example, that is still a violation, even if you are not physically holding the ammunition at the time of police contact. Two or more people may possess something at the same time.

Most commonly, people convicted of violations of PC 273.5 or PC 243(e) would be forbidden from possessing ammunition. You can be forbidden from owning ammunition for life under those two charges, or for only ten years if you are convicted of charges such as PC 17500 or PC 626.9. Whether it is a lifetime ban or a 10-year ban for possession of ammunition, please speak with an experienced Criminal Defense Attorney. Remember this crime is not penalizing you simply for having ammunition, but instead for having ammunition while being prohibited from doing so.

III. Penalties

A violation under PC 30305 is a wobbler offense in California. This means you can be charged under this section as a misdemeanor or as a felony offense. Whether you are charged under this section as a misdemeanor or as a felony offense, depends on the specific facts of your case, the amount of ammunition found, and your criminal history. If you are convicted of this charge as a misdemeanor, you could be sentenced to up to one year in County Jail. If you are convicted of this charge as a felony, you could be sentenced to State Prison for up to 16 months, 2, or 3 years in State Prison. You would be required to up to 50% of that time in custody. You could also be subject to fines up to $1,000.

This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC 290. You could also face a loss of your Professional License if convicted, and if you are not a legal resident, you could face Deportation in Immigration Court since the offense could be considered an aggravated felony.

IV. Common Defenses

  1. Statute of Limitations
  2. Violation of Rights
  3. Insufficient Evidence
  4. Coerced Confessions

Having possession of ammunition is not, by itself, a crime if you are a prohibited person. You must also have knowledge of the presence of the ammunition. If, for example, you are storing a chest or safe in your home for a friend in your garage with firearms, and you are not aware of the firearms or there and have no access to the safe, then you could not be convicted under this section. You must have knowledge that there are firearms within the safe to be charged and convicted for this charge. Failing to show that, would show there is insufficient evidence to prove you guilty of the crime.

Also, if police act in violation of your rights, your attorney can argue that the police did an illegal search and seizure, and evidence of the ammunition found would be suppressed, meaning it could not come into court and be used against you. You may have had the illegal ammunition, but if police were to enter your home without a warrant or probable cause, then your Ontario Criminal Defense Attorney can successfully argue that it was an illegal search and seizure, and evidence of the ammunition would be thrown out of Court.

V. Call Today

A conviction here could further impact your future with another new felony charge. Even if your underlying offense is only a misdemeanor charge, if you are forbidden from having ammunition, then you can now be charged with a felony, and be looking at Prison Time. Our Ontario PC 30605 attorney has successfully defended and is well versed in gun and ammunition cases including PC 30305 cases in Ontario. Call your local Ontario Criminal Defense Attorney today at the Inland Empire Defense 909-939-7126. Located in Ontario.

Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. If you would like to find out more information about your particular legal matter, contact our office for a consultation.

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