Many people are aware of the fact that convicted felons are not allowed to possess firearms. However, the restrictions for convicts do not end at the weapons alone. It is also unlawful for felons to possess ammunition that could be used in a firearm.
Restrictions are not limited to felons either. There are several other groups of people forbidden from possessing ammunition as well. Limitations on the possession of ammunition are regulated under California Penal Code Section 30305(a)(1): Possession of Ammunition by a Person Prohibited.
California Penal Code 30305(a)(1) Explained
You must first be aware of what qualifies as ammunition before proceeding further with an explanation of this penal code violation. For the purposes of this law, ammunition refers to bullets, cartridges, magazines, clips, speed loaders, autoloaders, or projectiles that can be fired from a firearm.
Second, a clear definition of possession is necessary for this charge. A person does not have to actually be in physical contact with an item to possess it. Simply having control over an object counts as possessing it. That means that if the article in question is on your property, you are in possession of it, even if it is not on your person.
Three things must be true for a defendant to be guilty of a violation of this statute. The prosecution must be able to prove that the defendant:
- Owned or otherwise possessed ammunition
- Did so with knowledge of this possession
- Was legally prohibited from owning ammunition
The burden of proof for this crime lies with the prosecution. The prosecution must show beyond a reasonable doubt that all three of these elements are true in order to prove their case.
Who Is Prohibited From Possessing Ammunition?
Many different groups are prohibited from possessing ammunition in California. These include:
- Convicted felons
- Narcotics addicts
- Those who suffer from mental illness
- Anyone under 18 years of age
- Those convicted of certain misdemeanor offenses (like domestic violence)
Potential Penalties of a Conviction Under CPC 30305(a)(1)
Those convicted under Penal Code 30305(a)(1) could be looking at harsh penalties. This statute is what is known as a “wobbler.” That means that it can be charged as either a misdemeanor or a felony. The consequences for a conviction vary greatly depending on how the offense gets prosecuted.
Misdemeanor Penalties
- A fine of up to $1,000
- Jail time of up to one year
- Summary probation
Felony Penalties
- A fine of up to $1,000
- Jail time of up to one year
- Formal probation
Defending Against a Charge Under CPC 30305(a)(1)
Many defenses can be effective against an illegal possession of ammunition charge. When planning your defense strategy, your criminal defense lawyer will study the specifics of your case and decide the best tactics for arguing your case.
While there are many possible defenses that they could end up choosing, most likely, they will go with one of these common options:
- No knowledge of ammunition
- Unlawful search and seizure
- Insufficient evidence
No Knowledge of Ammunition
Remember that knowledge of the possession was one of the three main components that the prosecution needs to prove to get a conviction. If the ammunition was placed on your person or your property without your knowledge, you are not guilty of possession.
While it can be difficult to show that you were not aware of the presence of the ammunition, the pressure is not on you to do so. Instead, the prosecution must prove that you did have knowledge of the ammunition.
Unless you were witnessed directly holding the ammunition, or it can be shown that you purchased the ammo or were given it as a gift, it can be challenging to prove you knew it was there.
Unlawful Search and Seizure
The Fourth Amendment of the United States Constitution protects against unlawful search and seizure. If the police searched your person or property without probable cause or a search warrant, your rights were violated.
Any evidence obtained as the result of an unlawful search and seizure should be suppressed. Unless the prosecution has substantial proof of your guilt from another source, your case may get thrown out altogether.
Insufficient Evidence
Since the burden of proof lies with the prosecution, they need to gather a significant amount of evidence to prove their case. If the evidence of the prosecution is clearly insufficient, an experienced criminal defense attorney might be able to get the case thrown out before it ever goes to trial.
Hire Legal Representation to Fight Your CPC 30305(a)(1) Charges
When facing a charge for unlawful possession of ammunition under California Penal Code 30305(a)(1), it is vital that you hire experienced legal representation. At the Simmrin Law Group, we have plenty of experience defending clients against this and related offenses.
Give us a call or fill out our online contact form to schedule a free, no-obligation consultation today. A member of our legal team will review your case and advise you of all your options.
