Criminal Defense Attorney


(a) Any person who, within this state, possesses any assault weapon, except
as provided in this chapter, shall be punished by imprisonment in a county jail for a
period not exceeding one year, or by imprisonment pursuant to subdivision (h) of
Section 1170.
(b) Notwithstanding subdivision (a), a first violation of these provisions is
punishable by a fine not exceeding five hundred dollars ($500) if the person was
found in possession of no more than two firearms in compliance with Section 30945
and the person meets all of the following conditions:
(1) The person proves that he or she lawfully possessed the assault weapon prior
to the date it was defined as an assault weapon.
(2) The person has not previously been convicted of a violation of this article.
(3) The person was found to be in possession of the assault weapon within one
year following the end of the one-year registration period established pursuant to
Section 30900.
(4) The person relinquished the firearm pursuant to Section 31100, in which case
the assault weapon shall be destroyed pursuant to Sections 18000 and 18005.
(Amended by Stats. 2011, Ch. 15, Sec. 550. (AB 109) Effective April 4, 2011. Amending action
operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section
operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)\