Prohibited Ammunition Lawyers (PC 30305)

Possession of ammunition by a prohibited person is a wobbler carrying up to 3 years. Our San Diego defense lawyers challenge these charges aggressively. Call 24/7.

A charge under Penal Code Section 30305 changes everything overnight. One moment you’re going about your life. The next, you’re facing a criminal case because ammunition was found in your home, your car, or somewhere you had access to.

This charge doesn’t define who you are. Many people facing PC 30305 charges never imagined being in this situation. A box of old rounds left in a closet after a prior conviction. Ammunition that belongs to a spouse or roommate. Rounds from military service that were never disposed of. These are the kinds of situations that lead to real charges against real people in San Diego every single day.

What happens next depends entirely on the defense you build. PC 30305 is a wobbler, meaning the prosecutor has discretion to file it as a misdemeanor or a felony. That distinction matters enormously, and it’s one of the areas where experienced defense counsel makes the biggest difference.

The fear, the confusion about what you’re up against, the worry about how a conviction could compound an already difficult record. We get it. At David P. Shapiro Criminal Defense Attorneys, we’ve defended clients charged with weapons offenses throughout San Diego County, from standalone ammunition cases to complex multi-count firearms prosecutions. We know how to challenge these charges at every stage, from the legality of the search to the question of whether you even knew the ammunition was there.

The prosecution is already working their case. Time matters. Early action creates options that disappear later.

Quick Reference: PC 30305 Prohibited Ammunition Possession

What Is Prohibited Ammunition Possession Under California Law?

Penal Code Section 30305 makes it illegal for certain people to own, possess, or have under their custody or control any ammunition or reloaded ammunition.¹ Now, here’s the critical part: this law does not apply to everyone. It only applies to people who are already prohibited from owning or possessing firearms under California law.

So what does that mean? Well, this isn’t a charge about the ammunition itself being illegal. Regular ammunition is perfectly legal for most Californians to possess. The charge is about who possesses it. If you fall into one of the categories of prohibited persons under California law, then possessing even a single round of ammunition is a criminal offense.

The statute specifically references several categories of prohibited persons:

Convicted felons under Penal Code Section 29800. If you have any felony conviction on your record, California law prohibits you from possessing firearms and ammunition for life.² This is also the basis for felon in possession of a firearm charges, which are frequently filed alongside PC 30305.

Persons convicted of specified violent offenses under Penal Code Section 29900, which covers certain dangerous crimes even when charged as misdemeanors.

Persons subject to a 10-year firearm prohibition under Penal Code Section 29815. Certain misdemeanor convictions, including domestic violence offenses, trigger a 10-year ban on firearm and ammunition possession.³

Persons subject to court orders such as domestic violence restraining orders, civil harassment restraining orders, or gun violence restraining orders under Penal Code Section 29825.

Persons with certain mental health adjudications under Welfare and Institutions Code Sections 8100 and 8103, including individuals committed to mental health facilities or found to be a danger to themselves or others.⁴

What Counts as “Ammunition”?

This is a question that comes up more often than you might expect. Under Penal Code Section 16150, “ammunition” includes one or more loaded cartridges consisting of a case, primer, propellant charge, and a projectile.⁵ It also includes the individual components of a loaded cartridge and reloaded ammunition.

What about edge cases? Empty casings, inert or dummy rounds, antique ammunition that may no longer function. These are areas where the definition matters, and where an experienced defense attorney can challenge the prosecution’s characterization of what was found.

What Must the Prosecution Prove?

To convict you of prohibited ammunition possession under PC 30305, the prosecution must prove ALL of the following elements beyond a reasonable doubt:⁶

1. You owned, possessed, or had under your custody or control any ammunition or reloaded ammunition.

Possession doesn’t just mean the ammunition was in your hands. It can be actual possession (on your person), constructive possession (in a location under your control, like your home or vehicle), or joint possession (shared control with another person).⁷ The prosecution needs to show more than just proximity. They need to prove you had dominion and control over the ammunition.

2. You knew that you possessed the ammunition.

This is a critical element. The prosecution must prove you actually knew the ammunition was there. If ammunition was tucked in the back of a closet you never use, stored in a garage full of someone else’s belongings, or left in a vehicle you recently acquired, the knowledge element becomes a real battleground.

3. You knew or reasonably should have known that the item was ammunition.

This element requires that you recognized, or should have recognized, what you were possessing. In most cases this is straightforward, but it can become relevant with loose components, unfamiliar items, or mixed storage situations.

4. At the time of possession, you were a person prohibited from owning or possessing a firearm.

The prosecution must prove your prohibited status, meaning they need to establish that you had a qualifying prior conviction, were subject to a qualifying court order, or fell into another prohibited category at the time of the alleged possession.

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

Wobbler Offense: Felony vs. Misdemeanor

PC 30305 is what California law calls a “wobbler,” meaning the prosecutor has discretion to file the charge as either a felony or a misdemeanor.⁸ This is one of the most important aspects of this charge because the difference between felony and misdemeanor treatment is enormous.

What Influences the Prosecutor’s Decision?

Several factors affect whether the DA files PC 30305 as a felony or a misdemeanor:

Factors favoring misdemeanor filing:

• Small quantity of ammunition
• No accompanying firearm found
• No evidence of violent intent or criminal activity
• The underlying prohibition is based on a non-violent offense
• Ammunition was old, stored, or not readily accessible
• Defendant has an otherwise clean or minimal record since the prohibiting conviction

Factors favoring felony filing:

• Large quantity of ammunition
• Ammunition found alongside a firearm (co-charged with PC 29800)
• Defendant has a violent criminal history
• Gang allegations
• Defendant was on probation or parole at the time
• Ammunition was readily accessible or appeared connected to criminal activity

Reduction Under PC 17(b)

Even if the prosecutor files PC 30305 as a felony, the defense can petition the court to reduce the charge to a misdemeanor under Penal Code Section 17(b).⁹ This can happen at the preliminary hearing, at sentencing, or even after a felony probation grant. A successful reduction changes the conviction from a felony to a misdemeanor on your record, which can have significant implications for your future.

Penalties and Consequences

Sentencing

Enhancements

PC 30305 itself does not carry firearm use enhancements because it is a possession offense, not a use-of-force offense. However, certain enhancements can still apply:

Gang enhancement (PC 186.22(b)): If the ammunition possession is alleged to have been committed for the benefit of a criminal street gang, an additional 2 to 10 years can be added to the sentence.¹⁰

Three Strikes (PC 667(b)-(i)): While PC 30305 is not itself a strike, if you have prior strike convictions, a felony PC 30305 conviction triggers enhanced sentencing. A second strike presumptively doubles the sentence. A third strike can result in 25 years to life.¹¹

On-bail enhancement (PC 12022.1): If the offense was committed while you were out on bail for another charge, an additional 2 years can be imposed.

Collateral Consequences

A PC 30305 conviction, particularly as a felony, carries consequences beyond the courtroom:

Extended firearms and ammunition prohibition. A felony conviction extends the lifetime prohibition on possessing firearms and ammunition, making it even more difficult to restore those rights down the road.

Probation and parole implications. If you’re on probation or parole when charged, the new offense constitutes a separate violation that can result in additional custody time independent of the PC 30305 case itself.

Employment impact. A felony conviction on your record creates barriers to employment, particularly in fields requiring background checks, security clearances, or professional licenses.

Immigration consequences. For non-citizens, a felony conviction under PC 30305 may trigger deportation proceedings or render you inadmissible. Even a misdemeanor conviction involving weapons can create immigration complications depending on your status.

Housing. Felony convictions, especially weapons-related offenses, can disqualify you from certain housing, including federally subsidized housing programs.

Professional licenses. Licensing boards for professions involving public trust (nursing, teaching, law enforcement, security) may deny, suspend, or revoke a license based on a weapons-related conviction.

Who Is a “Prohibited Person”?

For all intents and purposes, this is the threshold question in every PC 30305 case. If you’re not a prohibited person, there’s no crime. Here’s a breakdown of who qualifies:

Felony Convictions (PC 29800)

Any person convicted of a felony in California, or convicted of an offense in another state that would be a felony in California, is prohibited from possessing firearms and ammunition for life.¹² This is the most common basis for PC 30305 charges.

Specified Misdemeanor Convictions (PC 29805)

Certain misdemeanor convictions trigger a 10-year prohibition on firearm and ammunition possession. These include:

• Assault (PC 240, 241)
• Battery (PC 242, 243)
• Domestic violence battery (PC 243(e)(1))
• Corporal injury to a spouse or cohabitant (PC 273.5)
• Brandishing a weapon (PC 417)
• Criminal threats (PC 422)
• Stalking (PC 646.9)
• And others specified in PC 29805

Domestic Violence Restraining Orders and Protective Orders (PC 29825)

If you are subject to a domestic violence restraining order, civil harassment restraining order, or gun violence restraining order, you are prohibited from possessing firearms and ammunition for the duration of that order.

Mental Health Prohibitions (WIC 8100, 8103)

Persons who have been committed to a mental health facility, found to be a danger to themselves or others, found not guilty by reason of insanity, or placed under certain conservatorships are prohibited from possessing firearms and ammunition.¹³

Federal Prohibitions

It’s worth noting that federal law under 18 U.S.C. § 922(g) also prohibits certain persons from possessing ammunition, including anyone convicted of a misdemeanor crime of domestic violence. This means that even if your California prohibition has expired, a federal prohibition may still apply.

The Military and Veteran Factor in San Diego

San Diego has one of the largest military populations in the country. Camp Pendleton, MCAS Miramar, Naval Base San Diego, Naval Base Point Loma. Service members and veterans who lawfully owned ammunition during their service, or who purchased ammunition while they were legally permitted to do so, sometimes find themselves facing PC 30305 charges after a subsequent conviction or court order changes their legal status.

This is a common factual pattern in San Diego PC 30305 cases. Someone serves honorably, accumulates ammunition through years of lawful ownership, then a DV restraining order or a criminal conviction makes them a prohibited person. The ammunition they’ve had for years is suddenly contraband.

For veterans, diversion programs under Penal Code Section 1001.80 may provide an alternative to traditional prosecution, allowing eligible veteran defendants to participate in treatment and have charges dismissed upon successful completion.¹⁴

Defense Strategies for PC 30305 Charges

Now let’s talk about how we fight these cases. Every defense strategy starts with the facts of your specific situation, but here are the approaches we consider when building a defense:

Lack of Knowledge

You didn’t know the ammunition was there. This is one of the strongest defenses in PC 30305 cases, and it comes up constantly. Ammunition found in a shared residence, a borrowed vehicle, a storage unit with multiple users, or among belongings that were moved, inherited, or left behind by a previous occupant. The prosecution must prove you knew the ammunition was present.¹⁵ If they can’t, the charge fails.

No Actual or Constructive Possession

Mere proximity to ammunition is not possession. If ammunition was found in a common area accessible to multiple people, the defense can argue you did not exercise dominion or control over it. This is especially relevant in shared housing situations, roommate scenarios, or when ammunition belongs to a family member or partner who is not a prohibited person.

What does that look like in practice? Your spouse keeps ammunition in a locked safe that you don’t have access to. Your roommate stores ammunition in their bedroom. You recently moved into a home and haven’t gone through every closet and drawer. These are real scenarios that create real defenses.

Not a Prohibited Person

The prosecution must prove you were actually prohibited from possessing ammunition at the time of the alleged offense. This defense can arise from:

Expired prohibition period. If your prohibition was based on a qualifying misdemeanor under PC 29815, the 10-year prohibition may have expired. If the prohibition was based on a restraining order that has since been dissolved, you may no longer be prohibited.

Incorrect criminal history. The prohibition is based on a conviction that was overturned, was not actually a qualifying offense, or belongs to a different person entirely. Identity confusion in criminal records is more common than people realize.

Reduction of prior conviction. If a prior felony was reduced to a misdemeanor under Penal Code Section 17(b), you may no longer be a prohibited person, depending on the underlying offense.¹⁶

Illegal Search and Seizure

This is where a significant number of PC 30305 cases are won or lost. Ammunition is frequently discovered during traffic stops, probation or parole searches, home searches, or vehicle searches. If law enforcement conducted the search without a valid warrant, without valid consent, or beyond the scope of a probation or parole search condition, the ammunition may be suppressed.¹⁷

We can, and will, challenge the legality of any search if the facts support a position to do so. A successful suppression motion means the jury never sees the ammunition. Without the ammunition, there’s no case.

Momentary or Transitory Possession

You briefly handled ammunition for a lawful purpose. You found it and were attempting to dispose of it safely. You were moving it away from children. You were in the process of turning it in to law enforcement. California courts have recognized transitory possession as a defense where the possession was fleeting and for a lawful purpose.

Wobbler Reduction Advocacy

Even when the evidence is strong, an experienced defense attorney fights for the best possible outcome. For PC 30305, that often means advocating for misdemeanor treatment rather than felony prosecution. We present mitigating factors to the prosecutor and the court: small quantity, no accompanying firearm, no violent intent, the defendant’s overall circumstances and rehabilitation efforts. The difference between a felony and a misdemeanor on your record is enormous.

Diversion Programs

Depending on your background and circumstances, diversion may be available:

Veteran’s diversion (PC 1001.80): If you are a current or former member of the military, you may be eligible for a diversion program that results in dismissed charges upon successful completion.¹⁸

Mental health diversion (PC 1001.36): If a qualifying mental health condition contributed to the offense, mental health diversion may provide an alternative path to resolution.¹⁹

Related Charges: Understanding the Differences

PC 30305 is rarely charged in isolation. Understanding how it relates to other weapons offenses helps you see the full picture of what you may be facing.

Felon in Possession of a Firearm (PC 29800). This is the charge most commonly paired with PC 30305. Where a prohibited person is found with both a firearm and ammunition, both charges are typically filed. Strategically, how one charge is resolved often affects the other in plea negotiations.

Carrying a Concealed Weapon (PC 25400) and Carrying a Loaded Firearm (PC 25850). If ammunition is found with a concealed or loaded firearm, these charges may be added. Each carries its own penalties and defense considerations.

Possession of Assault Weapon (PC 30605). If the ammunition is associated with a prohibited assault weapon, this separate and more serious charge may apply.

Armor-Piercing Ammunition (PC 30315) and Large-Capacity Magazines (PC 32310). These are distinct offenses with different elements. PC 30315 criminalizes armor-piercing ammunition specifically, while PC 32310 addresses magazines capable of holding more than 10 rounds.

Facing Prohibited Ammunition Charges in San Diego?

When the charge turns on questions of possession, knowledge, prohibited status, and the legality of a search, you need attorneys who understand how these cases actually work in San Diego courts. We’ve defended clients facing standalone ammunition charges, multi-count weapons prosecutions, and cases where PC 30305 was stacked on top of other serious offenses. We know how to challenge the prosecution’s assumptions, advocate for misdemeanor treatment, and pursue every available defense. You’re entitled to a defense that matches the seriousness of what you’re facing.

Every day without representation is a day the prosecution works unopposed.

Call us 24/7 for a consultation. We’ll review your case, explain your options, and start building your defense. The bottom line is this: charges are accusations, not convictions. To protect your freedom, you must know what you’re actually facing and what can be done about it.