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California Penal Code Section 30305

Legal Research Home > California Laws > Penal Code > California Penal Code Section 30305

30305.  (a) (1) No person prohibited from owning or possessing a
firearm under Chapter 2 (commencing with Section 29800) or Chapter 3
(commencing with Section 29900) of Division 9 of this title, or
Section 8100 or 8103 of the Welfare and Institutions Code, shall own,
possess, or have under custody or control, any ammunition or
reloaded ammunition.
   (2) A violation of this subdivision is punishable by imprisonment
in a county jail not to exceed one year or in the state prison, by a
fine not to exceed one thousand dollars ($1,000), or by both the fine
and imprisonment.
   (b) (1) A person who is not prohibited by subdivision (a) from
owning, possessing, or having under the person's custody or control,
any ammunition or reloaded ammunition, but who is enjoined from
engaging in activity pursuant to an injunction issued pursuant to
Section 3479 of the Civil Code against that person as a member of a
criminal street gang, as defined in Section 186.22, may not own,
possess, or have under the person's custody or control, any
ammunition or reloaded ammunition.
   (2) A violation of this subdivision is a misdemeanor.
   (c) A violation of subdivision (a) or (b) is justifiable where all
of the following conditions are met:
   (1) The person found the ammunition or reloaded ammunition or took
the ammunition or reloaded ammunition from a person who was
committing a crime against the person who found or took the
ammunition or reloaded ammunition.
   (2) The person possessed the ammunition or reloaded ammunition no
longer than was necessary to deliver or transport the ammunition or
reloaded ammunition to a law enforcement agency for that agency's
disposition according to law.
   (3) The person is prohibited from possessing any ammunition or
reloaded ammunition solely because that person is prohibited from
owning or possessing a firearm only by virtue of Chapter 2
(commencing with Section 29800) of Division 9 or ammunition or
reloaded ammunition because of subdivision (b).
   (d) Upon the trial for violating subdivision (a) or (b), the trier
of fact shall determine whether the defendant is subject to the
exemption created by subdivision (c). The defendant has the burden of
proving by a preponderance of the evidence that the defendant is
subject to the exemption provided by subdivision (c).

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Last modified: March 17, 2014