California Penal Code 30305 – Possession of Ammunition by a Prohibited Person 

Overview 

Under Penal Code 30305(a)(1), it is a felony for certain individuals—including convicted felons, persons with domestic violence convictions, or those subject to restraining orders—to possess or own any ammunition. 

Even without a firearm involved, the possession of bullets, shells, or even a single round can lead to serious felony charges, especially if the person is already prohibited from possessing firearms under Penal Code 29800. 

At Jones Trial Attorneys, we’ve helped clients facing 30305 charges fight for dismissal, challenge illegal searches, and avoid prison sentences through careful litigation and negotiation. 

Legal Definition 

Penal Code § 30305(a)(1) states: 

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

Common categories of prohibited persons include: 

• Convicted felons 

• Individuals convicted of certain misdemeanors (e.g., domestic violence, assault) 

• Persons subject to restraining orders or mental health holds 

• Individuals addicted to narcotics 

• Minors in unlawful possession 

Elements of the Crime 

To prove a violation of PC 30305, the prosecution must show: 

1. The defendant is legally prohibited from possessing firearms or ammunition; 

2. The defendant knowingly possessed ammunition; and 

3. The ammunition was real and functional (not inert or dummy rounds). 

Even brief or indirect possession—such as a box of ammunition in a shared car or home—may satisfy the possession element. 

Penalties for PC 30305 

Possession of ammunition by a prohibited person is charged as a felony under California law. 

Felony Penalties: 

• 16 months, 2 years, or 3 years in county jail (under Realignment) 

• Fines up to $10,000 

• Felony probation in some cases 

• Lifetime prohibition from possessing firearms or ammunition 

Enhancements or additional charges may apply if: 

• Ammunition was found with a firearm 

• The person has multiple prior convictions 

• The possession occurred while on probation or parole 

Defenses to PC 30305 Charges 

Common legal defenses include: 

• Unlawful search or seizure – The ammunition was discovered through a constitutional violation 

• Lack of knowledge – You didn’t know the ammunition was present or accessible 

• Possession was momentary or not actual – The ammunition belonged to someone else 

• You are not a prohibited person – Prior conviction or restriction does not qualify under PC 30305 

• Inoperable or inert ammunition – The item did not meet the legal definition 

Immigration and Employment Consequences 

This is a felony firearm-related offense, and can: 

• Lead to deportation or denial of reentry for non-citizens 

• Disqualify individuals from employment in law enforcement, military, or security 

• Result in loss of civil rights (e.g., voting or firearm ownership) 

Related Offenses 

• PC 29800 – Felon in Possession of a Firearm 

• PC 25400 – Carrying a Concealed Firearm 

• PC 12022 – Firearm Enhancements 

• HS 11370.1 – Possession of Drugs While Armed 

How Jones Trial Attorneys Can Help 

Firearm-related cases carry a special stigma and enhanced penalties, even when no gun is involved. We move fast to challenge unlawful police conduct, suppress evidence, and negotiate for diversion, probation, or reduced charges whenever possible. 

💼 Free consultations 

⚖️ Jury trial expertise 

📍 Located in downtown San Diego, serving clients statewide 

Talk to a Firearm Defense Attorney Today 

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.