Assault Weapons Lawyers in San Diego (PC 30600)

Assault weapons charges under PC 30600 carry 4, 6, or 8 years in prison. Our San Diego defense lawyers challenge the evidence, the search, and the classification. Call 24/7.

A Penal Code 30600 charge in San Diego changes everything overnight. Manufacturing, distributing, transporting, importing, selling, giving, or lending an assault weapon is a straight felony in California. There’s no wobbler. There’s no misdemeanor option. You’re looking at years in state prison.

The circumstances that lead to assault weapons charges are rarely black and white. A gun owner who bought a rifle believing it was California-compliant. A service member who transferred to Camp Pendleton and brought firearms that were perfectly legal in their last state. A person who inherited a collection and had no idea one of the weapons met California’s ever-changing definition of “assault weapon.” Someone who lent a firearm to a friend without realizing it had been modified.

Charges are accusations, not convictions. The prosecution still has to prove every element beyond a reasonable doubt, and California’s assault weapon laws are among the most technically complex firearms statutes in the country. Minor configuration details can mean the difference between a legal firearm and a felony.

The fear, the uncertainty, and the stress of not knowing what comes next are totally understandable, as is to be expected. What matters now is the defense you build.

At David P. Shapiro Criminal Defense Attorneys, we’ve defended clients facing weapons charges throughout San Diego County, from the Central Courthouse downtown to El Cajon, Chula Vista, and Vista. We know how these cases are investigated, how they’re prosecuted, and where the weaknesses are.

The bottom line is this: these cases are defensible. Evidence gets suppressed. Weapons get misclassified. Searches get challenged. But the window for the strongest defense is now.

Quick Reference: PC 30600 Assault Weapons

Classification	Felony (always)
Manufacturing, distributing, transporting, importing, selling, giving, or lending assault weapon	4, 6, or 8 years in state prison
Same conduct involving unregistered .50 BMG rifle	4, 6, or 8 years + consecutive fine of $1,000–$30,000
Strike Offense	No (standing alone)
Realignment Eligible	Yes, under PC 1170(h) (absent disqualifying priors)
Additional	Lifetime firearm prohibition; possible federal prosecution

What Is an Assault Weapons Violation Under California Law?

So what exactly does Penal Code Section 30600 prohibit? Well, it makes it a felony to manufacture, distribute, transport, import, keep for sale, offer or expose for sale, give, or lend any assault weapon or .50 BMG rifle within California.¹

Now that’s a lot of prohibited conduct packed into one statute. Let’s break it down.

The key word here is “conduct.” This isn’t a simple possession charge. Penal Code Section 30605 covers mere possession, and that statute is actually a wobbler.² Section 30600 targets the more serious activities: making these weapons, moving them, selling them, or putting them into someone else’s hands. That distinction matters enormously for your defense and for your potential sentence.

“Assault weapon” under California law doesn’t mean what most people think it means. California defines assault weapons in three specific ways:

The Roberti-Roos list (PC 30510): Specific makes and models listed by name, including certain AK series, AR-15 series, and Uzi variants, among others.³

The characteristics-based definition (PC 30515): Semiautomatic firearms with certain features.⁴ For rifles, this includes things like a pistol grip, thumbhole stock, folding or telescoping stock, flash suppressor, or a fixed magazine holding more than 10 rounds. For pistols and shotguns, there are separate feature lists. This is where most of the complexity lives, and where many otherwise law-abiding gun owners get tripped up.

The Kasler list: Additional weapons identified by the Attorney General, now codified into law.

“.50 BMG rifle” is defined separately under Penal Code Section 30520 and carries the same criminal penalties under Section 30600, plus an additional consecutive fine of $1,000 to $30,000 if the rifle is unregistered.⁵

Why does all this matter for your defense? Because if the prosecution cannot prove the firearm actually meets one of these specific definitions, they cannot convict you under PC 30600. The technical complexity of these definitions is one of the biggest defense opportunities in assault weapons cases.

How Legal Firearms Become “Assault Weapons”

This is something most people don’t understand until they’re facing charges. A firearm that is perfectly legal in 49 other states, or that was legal in California last year, can become an “assault weapon” overnight based on minor configuration changes or changes in the law itself.

The “featureless” build problem. Thousands of California gun owners modify their rifles to comply with the law by removing prohibited features like pistol grips, flash suppressors, and telescoping stocks. These are called “featureless” builds. But if a compliance device fails, is improperly installed, or is removed, that rifle instantly becomes an assault weapon under PC 30515. The owner may have no idea.

Fixed-magazine devices. Other gun owners use devices like the CompMag or Kali Key to lock their magazines in place, which takes the rifle outside the assault weapon definition. If one of these devices malfunctions or is deemed noncompliant by law enforcement, the owner faces felony charges for a weapon they genuinely believed was legal.

Registration window deadlines. California has opened and closed multiple registration windows for assault weapons: the Roberti-Roos registration in 1989, the SB 23 registration in 2000, and the “bullet button” assault weapon registration in 2018.⁶ If you missed a deadline, even by a day, a weapon that could have been lawfully registered became contraband. There is no late registration option.

Military PCS transfers. San Diego is home to Camp Pendleton, Naval Base San Diego, MCAS Miramar, and Naval Base Coronado. Service members transferring to California routinely bring firearms that were legal at their last duty station. Many of those firearms meet California’s assault weapon definition. The service member may have no idea until law enforcement finds the weapon during a traffic stop, a domestic call, or a base inspection.

What Must the Prosecution Prove?

Here’s what the prosecution is up against. To convict you under PC 30600, they must prove ALL of the following elements beyond a reasonable doubt:⁷

1. You manufactured, distributed, transported, imported, kept for sale, offered or exposed for sale, gave, or lent the item.

The prosecution must prove you engaged in one of these specific activities. Simply having the weapon in your home is not enough for a PC 30600 charge. That’s possession under PC 30605, which is a different, less serious statute. The distinction between “transporting” and “possessing” often becomes a critical battleground in these cases.

2. You knew you were engaging in the prohibited conduct with the item.

You had to know you were doing the act: transporting the weapon, giving it to someone, selling it, and so on. If someone placed a weapon in your vehicle without your knowledge, for example, you didn’t knowingly transport it.

3. You knew, or reasonably should have known, the item had the characteristics that made it an assault weapon or .50 BMG rifle under California law.

This is often where the battle is fought. Under People v. King, the prosecution must prove you knew the firearm had the specific physical features that bring it within the assault weapon definition.⁸ You don’t need to know the legal term “assault weapon” or that California law prohibits it. But you do need to know (or reasonably should have known) about the features themselves.

What does that look like? If you purchased a rifle with a pistol grip and a detachable magazine, the prosecution will argue you knew about those features because they’re physically obvious. But if someone handed you a rifle in a case and you never inspected it, or if a compliance device was supposed to make the magazine fixed but malfunctioned, the knowledge element becomes much harder for the prosecution to establish.

The burden is on them to prove all of this. Beyond a reasonable doubt. That’s a high bar, and every element is an opportunity for the defense.

Penalties and Consequences

Let’s be real about something: PC 30600 is a straight felony with serious prison time. Understanding exactly what you’re facing is the first step toward building the right defense.

Prison Sentences

Conduct	Sentence
Manufacturing, distributing, transporting, importing, selling, giving, or lending assault weapon	4, 6, or 8 years
Same conduct involving unregistered .50 BMG rifle	4, 6, or 8 years + $1,000–$30,000 consecutive fine

Realignment (AB 109): County Jail vs. State Prison

Now here’s something most people don’t know, and that most other attorneys’ websites fail to mention. PC 30600 sentences are served pursuant to Penal Code Section 1170, subdivision (h).⁹ What does that mean? It means that unless you have a prior serious or violent felony conviction or are required to register as a sex offender, your sentence may be served in county jail rather than state prison.

This is a significant practical distinction. County jail sentences can include split sentences (a portion in custody, a portion on mandatory supervision), which is a dramatically different outcome than straight state prison time.

Sentencing Enhancements

Assault weapon charges don’t exist in a vacuum. If other circumstances are present, the sentence can escalate quickly:

Gang enhancement (PC 186.22): If the conduct was committed for the benefit of a criminal street gang, add 2, 3, or 4 years.¹⁰

Prior strike conviction (PC 667/1170.12): If you have a prior strike, your sentence is presumptively doubled. A third strike can result in 25 years to life.

Personal use of firearm (PC 12022.5): If the assault weapon was used in the commission of another felony, add 3, 4, or 10 years consecutive.¹¹

Collateral Consequences

Beyond the prison sentence, a PC 30600 conviction triggers consequences that can be even more devastating in the long run:

Lifetime firearm prohibition. A felony conviction under PC 30600 permanently prohibits you from owning, possessing, or purchasing any firearm under both California and federal law. For gun owners, hunters, or anyone in the firearms industry, this is a career-ending consequence.

Immigration consequences. A felony assault weapons conviction is likely classified as an aggravated felony under federal immigration law, which triggers mandatory deportation for non-citizens, regardless of lawful immigration status, green card, or length of residency in the United States.

Employment and military impacts. A felony conviction will appear on background checks indefinitely. For active-duty military members, a conviction can result in court-martial proceedings, loss of security clearance, and discharge from service. For civilians, any career requiring a security clearance, professional license, or government employment is at risk.

Federal Prosecution Risk

This is something specific to San Diego that you need to understand. San Diego sits on the U.S.-Mexico border, and federal agencies including the ATF, CBP, and Homeland Security Investigations are heavily active in this region.

Assault weapon cases in San Diego can trigger federal prosecution alongside or instead of state charges. Under 18 U.S.C. § 922, federal firearms violations carry separate penalties that are often significantly more severe than California penalties. Federal sentences are served in federal prison, not county jail. There is no realignment. There is no split sentence.

If your case involves any allegation of trafficking, interstate transportation, or connection to organized activity, the risk of federal involvement increases substantially. This is one of the many reasons why you need defense attorneys who understand both state and federal firearms law.

Defense Strategies for Assault Weapons Charges

Here’s the critical point: assault weapons cases are among the most technically defensible charges in California criminal law. The complexity of the statutes, the technical nature of the weapon classifications, and the constitutional challenges currently working through the courts all create significant defense opportunities.

Many lawyers, based on inexperience, indifference, and/or outright incompetence, will push you toward a plea without investigating the technical aspects of the weapon or the legality of the search. The reality is, these cases require a thorough analysis of the firearm itself, the circumstances of the search, and the specific statutory definitions before you know what your best options are.

Illegal Search and Seizure (Fourth Amendment)

This is the single most effective defense in weapons cases, and for good reason. Assault weapon charges almost always depend on physical evidence: the weapon itself. If law enforcement obtained that evidence through an unlawful search, the weapon gets suppressed. The jury never sees it. And without the weapon, there’s usually no case.

We examine every aspect of how the weapon was discovered. Was the traffic stop lawful? Was there probable cause for the vehicle search? Was the home search supported by a valid warrant? Was the warrant properly executed? Did the defendant actually consent to the search, or was consent coerced? Each of these questions can be the difference between a conviction and a dismissal.

Misidentification of the Weapon

California’s assault weapon definitions are notoriously technical. A firearm that looks like an assault weapon to a patrol officer may not meet the precise statutory definition under PC 30515. The difference between a legal rifle and an illegal one can come down to whether a magazine is truly “fixed,” whether a particular grip qualifies as a “pistol grip” under the statute, or whether a stock is genuinely “telescoping.”

We can, and will, retain firearms experts to examine the weapon’s specific configuration if the facts support a position to do so. Expert testimony establishing that the weapon does not satisfy the characteristics-based definition can be devastating to the prosecution’s case.

Lack of Knowledge of Weapon Characteristics

The prosecution must prove you knew or reasonably should have known the firearm had the features that make it an assault weapon.¹² This is a real defense, not a technicality.

If you purchased the weapon from a dealer who represented it as California-compliant, if you installed a compliance device that was supposed to make it legal, if you received the weapon from someone else and never examined its configuration, or if you transferred to San Diego from a state where the weapon was legal, the knowledge element is genuinely in question.

Lawful Registration and Grandfathering

If the weapon was lawfully registered during one of California’s open registration windows (1989, 2000, or 2018), certain conduct may be exempt under Penal Code Section 30610.¹³ Defense involves establishing that registration was timely completed with the California Department of Justice. Registration records can be obtained and presented to challenge the prosecution’s case.

Statutory Exemptions

Penal Code Sections 30615 through 30625 provide specific exemptions for law enforcement officers (active and retired), military personnel, licensed firearms dealers with proper permits, authorized use at licensed shooting ranges, persons transporting weapons to or from authorized locations, and holders of entertainment firearms permits.¹⁴ If you fall within any of these categories, the conduct may be entirely lawful.

Temporary or Transitory Possession

If you only briefly possessed the weapon for a lawful purpose, such as taking it from someone to prevent harm, turning it in to law enforcement, or moving it for safety, the defense of temporary possession may apply. This defense requires showing the possession was fleeting and served a legitimate purpose.

Constructive Possession Challenge

The weapon must be connected to you. In cases involving shared residences, vehicles, or storage locations, the prosecution must prove you had knowledge of the weapon AND dominion and control over it. Mere proximity is not enough. If a weapon is found in a shared space, the defense can argue it belonged to another occupant.

Constitutional Challenges

California’s assault weapon ban is the subject of active constitutional litigation. In Miller v. Bonta, a federal judge in the Southern District of California struck down the assault weapon ban as unconstitutional under the Second Amendment. The case was remanded for reconsideration in light of the U.S. Supreme Court’s decision in New York State Rifle & Pistol Assn. v. Bruen (2022), which established a new framework for evaluating firearms regulations. While the law remains in effect during the appeals process, the evolving constitutional landscape is relevant to defense strategy and may affect how prosecutors approach these cases.

Related Charges: Understanding the Differences

Assault weapons cases are rarely charged in isolation. Understanding how PC 30600 relates to other weapons offenses is critical to evaluating your situation.

Penal Code Section 30605: Possession of an assault weapon. This is the most important related charge because it is a wobbler, meaning it can be charged as either a misdemeanor or a felony.¹⁵ Simple possession carries far less severe penalties than the manufacturing, selling, or transporting conduct covered by PC 30600. In many cases, effective defense can result in charges being reduced from PC 30600 to PC 30605, and from there, potentially to misdemeanor treatment.

Penal Code Section 25850: Carrying a loaded firearm in public. Also a wobbler. Frequently charged alongside assault weapons offenses when the weapon is found during a traffic stop or in a public place.

Penal Code Section 29800: Felon in possession of a firearm. If you have a prior felony conviction, this charge may be added. It is always a felony.

Penal Code Section 32310: Possession of a large-capacity magazine. Often charged alongside assault weapon offenses when the weapon is equipped with a magazine holding more than 10 rounds. The legal status of this statute is currently in flux due to the Duncan v. Bonta litigation.

Penal Code Section 25400: Carrying a concealed weapon. A wobbler that may be charged if the weapon was concealed at the time of discovery.

The strategic relationship between these charges matters. Negotiating a reduction from PC 30600 to PC 30605 can mean the difference between a mandatory felony and a potential misdemeanor. Negotiating dismissal of co-charged offenses can dramatically reduce overall exposure.

Facing Assault Weapons Charges in San Diego?

When you’re facing charges built on some of the most technically complex statutes in California criminal law, you need attorneys who understand firearms classification at a granular level, not lawyers who will look at the charge, assume the worst, and push you to plead guilty. We’ve defended clients facing weapons charges throughout San Diego County, from cases arising out of traffic stops to federal firearms investigations. We know how to challenge the search, challenge the classification, and challenge the prosecution’s assumptions about what you knew.

Evidence fades. Witnesses forget. The window for the strongest defense is now.

Call us 24/7 for a consultation. We’ll review your case, explain your options, and start building your defense immediately. The bottom line is this: you’re entitled to a defense that matches the seriousness of what you’re facing.

References

1. 1. Penal Code, § 30600, subd. (a) [“Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years.”]↑ Penal Code, § 30600, subd. (a) [“Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years.”]
2. 2. Penal Code, § 30605 [Possession of assault weapon or .50 BMG rifle].↑ Penal Code, § 30605 [Possession of assault weapon or .50 BMG rifle].
3. 3. Penal Code, § 30510 [Assault weapons — listed firearms].↑ Penal Code, § 30510 [Assault weapons — listed firearms].
4. 4. Penal Code, § 30515 [Assault weapons — characteristics-based definition].↑ Penal Code, § 30515 [Assault weapons — characteristics-based definition].
5. 5. Penal Code, § 30600, subd. (b); Penal Code, § 30520 [Definition of .50 BMG rifle].↑ Penal Code, § 30600, subd. (b); Penal Code, § 30520 [Definition of .50 BMG rifle].
6. 6. See Penal Code, § 30900 [Registration of assault weapons]; Penal Code, § 30610 [Lawful possession exceptions for registered weapons].↑ See Penal Code, § 30900 [Registration of assault weapons]; Penal Code, § 30610 [Lawful possession exceptions for registered weapons].
7. 7. See CALCRIM No. 2561 [Manufacturing, Distributing, Transporting, Importing, Selling, Giving, or Lending Assault Weapon or .50 BMG Rifle].↑ See CALCRIM No. 2561 [Manufacturing, Distributing, Transporting, Importing, Selling, Giving, or Lending Assault Weapon or .50 BMG Rifle].
8. 8. <em>People v. King</em> (2006) 38 Cal.4th 617.↑ <em>People v. King</em> (2006) 38 Cal.4th 617.
9. 9. Penal Code, § 1170, subd. (h).↑ Penal Code, § 1170, subd. (h).
10. 10. Penal Code, § 186.22 [Gang enhancement].↑ Penal Code, § 186.22 [Gang enhancement].
11. 11. Penal Code, § 12022.5 [Personal use of firearm enhancement].↑ Penal Code, § 12022.5 [Personal use of firearm enhancement].
12. 12. <em>People v. King</em> (2006) 38 Cal.4th 617.↑ <em>People v. King</em> (2006) 38 Cal.4th 617.
13. 13. See Penal Code, § 30900 [Registration of assault weapons]; Penal Code, § 30610 [Lawful possession exceptions for registered weapons].↑ See Penal Code, § 30900 [Registration of assault weapons]; Penal Code, § 30610 [Lawful possession exceptions for registered weapons].
14. 14. Penal Code, §§ 30615–30625 [Exemptions for law enforcement, military, dealers, shooting ranges, and entertainment firearms permits].↑ Penal Code, §§ 30615–30625 [Exemptions for law enforcement, military, dealers, shooting ranges, and entertainment firearms permits].
15. 15. Penal Code, § 30605 [Possession of assault weapon or .50 BMG rifle].↑ Penal Code, § 30605 [Possession of assault weapon or .50 BMG rifle].