California Penal Code Section 30305[1] extends the firearms prohibition to ammunition, ensuring that persons who cannot legally possess firearms are also barred from possessing ammunition. This provision replaced former PC 12316(b)(1) during the 2012 code reorganization.
Prohibited Conduct
PC 30305(a)(1) provides that no person prohibited from owning or possessing a firearm under Chapter 2 (commencing with PC 29800) or Chapter 3 (commencing with PC 29900) of Division 9 of Title 4 of Part 6 of the Penal Code, or under Section 8100 or 8103 of the Welfare and Institutions Code, shall own, possess, or have under their custody or control any ammunition or reloaded ammunition.
Who Is Covered
The following categories of persons are prohibited from possessing ammunition under PC 30305:
- Convicted felons (PC 29800)
- Persons convicted of specified misdemeanors (PC 29805[2])
- Persons convicted of violent offenses (PC 29900)
- Narcotic addicts (PC 29850)
- Persons found mentally incompetent or adjudicated as a danger (WIC 8100, 8103)
- Persons subject to gun violence restraining orders (PC 18100 et seq.)
- Persons subject to domestic violence restraining orders
Ammunition Background Checks
Since July 1, 2019, under Proposition 63[3] (codified at PC 30352 and related sections), all ammunition purchases in California require a point-of-sale eligibility check through the California DOJ. This system is designed to identify prohibited persons at the time of purchase and deny the transaction. However, PC 30305 remains independently enforceable for ammunition already in a prohibited person's possession.
Penalties
A violation of PC 30305 is a wobbler offense. As a misdemeanor, it is punishable by up to one year in county jail. As a felony, it is punishable by 16 months, 2 years, or 3 years in county jail. The charging decision typically depends on the circumstances of the violation, the defendant's criminal history, and whether the ammunition was found in conjunction with a firearm.
Sources
[1] California Legislature. Penal Code Section 30305
Part 6, Title 4, Section 30305
[2] California Legislature. Penal Code Section 29805
Part 6, Title 4, Section 29805
[3] California Legislature. Penal Code Section 30352 (Proposition 63)
Part 6, Title 4, Section 30352