By Nic Cocis, Criminal Defense Attorney — California State Bar member since 1999. Last reviewed September 2026.
Most of the people I represent on these charges did not think they were committing a crime. They bought a rifle legally in Arizona or Nevada and moved to Southwest Riverside County. They built a lower receiver from a kit that was sold to them lawfully. They put a brace or a shorter barrel on an AR pistol. Then a traffic stop, a domestic call, or a search for something unrelated put the firearm in front of a deputy, and the charge on the complaint is a felony.
Here is what each of these sections actually is.
PC 30605 — possession of an assault weapon. A wobbler: misdemeanor up to one year in county jail, or felony 16 months, two years, or three years. What makes a rifle or pistol an “assault weapon” is a features test that most gun owners have never read, and the DA has to prove you knew or should have known the firearm had those features.
PC 29180 — an unserialized (“ghost”) firearm. A misdemeanor: up to one year in county jail for a handgun, up to six months for a rifle or shotgun. California requires anyone who builds or assembles a firearm to get a serial number from the Department of Justice first, and anyone who already owned an unserialized firearm to have applied for one.
PC 33410 — possession of a silencer. A straight felony: 16 months, two years, or three years in county jail, no misdemeanor option. This is the one that surprises people most, because a solvent trap kit or a device bought legally in another state can meet the definition.
PC 33215 — a short-barreled rifle or shotgun. A wobbler: misdemeanor up to one year, or felony 16 months, two years, or three years. A rifle barrel under 16 inches, a shotgun barrel under 18, or an overall length under 26 inches.
These are charged together more often than alone. On the felony calendar in Department S-204 I regularly see § 30605 filed with § 33215, § 33410, § 29180, or a large-capacity-magazine count under § 32310 on the same complaint — one search of one gun safe produces four charges. And unlike most of the felony calendar, these cases are disproportionately retained-counsel cases, because the people charged are usually otherwise law-abiding gun owners with a job and a home and a great deal to lose from a felony.
Assault weapons — what the DA has to prove under PC 30605
California defines “assault weapon” two ways. Penal Code § 30510 is a list of specific makes and models. Penal Code § 30515 is a features test, and it is where nearly every case lives. Under § 30515, a firearm is an assault weapon if it is:
- A semiautomatic centerfire rifle without a fixed magazine that has any one of: a pistol grip that protrudes conspicuously beneath the action, a thumbhole stock, a folding or telescoping stock, a grenade or flare launcher, a flash suppressor, or a forward pistol grip;
- A semiautomatic centerfire rifle with a fixed magazine holding more than 10 rounds, or an overall length under 30 inches;
- A semiautomatic pistol without a fixed magazine that has a threaded barrel, a second handgrip, a shroud that lets you hold the barrel without burning your hand, or the capacity to accept a magazine outside the pistol grip;
- A semiautomatic shotgun with a folding or telescoping stock and a pistol grip, or that can accept a detachable magazine;
- A .50 BMG rifle.
“Fixed magazine” has its own definition — since 2017, a magazine that can be removed without disassembling the action is not fixed, which is what ended the “bullet button” era and required registration of those rifles by mid-2018.
The knowledge element. To convict under § 30605, the DA has to prove you possessed the firearm and that you knew or reasonably should have known it had the characteristics that make it an assault weapon. That is the element that matters in cases involving a rifle bought lawfully in another state, an inherited firearm, or aftermarket parts installed without understanding their legal effect. It is not a defense that you did not know the law. It is a defense that you did not know, and had no reason to know, the firearm’s configuration.
The infraction path. § 30605 has a narrow provision under which a first offense can be treated as an infraction with a $500 fine — for a person with no more than two such firearms who lawfully possessed them before they were classified as assault weapons, has no prior assault-weapon conviction, and surrenders them for destruction. It applies to very few cases, but where it applies it avoids a criminal record entirely, and it should be raised in every case that might fit.
Ghost guns — PC 29180
Since 2016, California has required anyone who manufactures or assembles a firearm — including from an 80% lower, a kit, or a 3D-printed frame — to apply to the Department of Justice for a unique serial number before doing so, engrave it within ten days of receipt, and notify DOJ. Anyone who already owned an unserialized firearm was required to apply for a serial number by the 2019 deadline. The sale or transfer of a self-assembled firearm is prohibited outright.
A violation is a misdemeanor: up to a year in county jail for a handgun, up to six months for any other firearm. That is less severe than the other sections on this page, but it is rarely charged alone. An unserialized AR-pattern rifle with a pistol grip and a detachable magazine is both a § 29180 violation and a § 30605 assault weapon. An unserialized pistol found in a car is a § 29180 violation plus a concealed-carry count under § 25400 — and § 25400(c)(6), carrying a concealed firearm that is not registered to you, is the felony-eligible version.
Where it is defended: whether the item is a “firearm” at all under the statute (an unfinished receiver that has not been machined is not), whether you are the person who assembled it or merely possess it, and — as with every charge on this page — whether the search that found it was lawful.
Silencers — PC 33410
Possession of a silencer is a straight felony in California. There is no misdemeanor version, no infraction path, and no exception for devices bought legally elsewhere or registered under federal law. The statute defines a silencer as any device or attachment designed, used, or intended for silencing, diminishing, or muffling the report of a firearm.
The fact pattern I see most often is not a commercial suppressor. It is a “solvent trap” or “fuel filter” kit purchased online — sold as a cleaning accessory, designed so that with minor modification it functions as a suppressor. Whether a particular item is a silencer under the statute is a fact question about its design and intended use, and it is contested with a firearms examiner, not conceded.
Because § 33410 is a felony that is served in county jail under Penal Code § 1170(h), probation is available. In my experience, a first offense with no other aggravating facts typically resolves with probation and a term in the sheriff’s labor program in lieu of jail. But the conviction is a felony regardless of the sentence, with the lifetime firearm prohibition that follows.
Short-barreled rifles and shotguns — PC 33215
A rifle with a barrel under 16 inches or a shotgun with a barrel under 18 inches, or either with an overall length under 26 inches, is a short-barreled rifle or shotgun. Possession is a wobbler: misdemeanor up to a year, or felony 16 months, two years, or three years.
Where these cases come from: AR-pattern pistols with a brace that a deputy measures as a rifle; a rifle with a shortened barrel and no NFA paperwork; a shotgun cut down for home defense. Measurement is an element, and how the deputy measured — with the stock folded or extended, with or without a muzzle device — is a factual question that has decided cases.
The search is usually the case
Almost none of these firearms are found because someone was looking for them. They turn up during a traffic stop that led to a vehicle search, a domestic-violence call that led to a protective sweep and firearm seizure, a probation search of someone else in the house, or a warrant for something unrelated. That means the first question in every case is whether the search that produced the firearm was lawful:
- Did the officer have a lawful basis to search the vehicle, or was it a consent search that exceeded its scope?
- Was the firearm in plain view, or was it found inside a closed case, a safe, or a locked room the officer had no authority to open?
- Was the person being searched actually the owner of the space where the firearm was found?
- If there was a warrant, did it cover the location and the item?
A firearm suppressed as the product of an unlawful search is a case dismissed. Given how these cases arise, the suppression motion is the single most productive step in most of them, and it is filed before any negotiation about the charge.
What a conviction actually costs
The sentence is often the smaller part.
- A felony conviction under any of these sections carries a lifetime prohibition on possessing firearms under Penal Code § 29800 — every firearm you own, not just the one charged. For most of my clients on these charges, that consequence is worse than any custody term.
- Relinquishment. On conviction, or as a condition of probation, every firearm you own is ordered relinquished. Even a misdemeanor § 30605 or § 33215 conviction can result in a state prohibition period.
- A felony on the record, with the employment, licensing, and immigration consequences that follow.
- The firearms themselves are destroyed.
Because § 30605 and § 33215 are wobblers, a felony conviction can be reduced to a misdemeanor under Penal Code § 17(b) — at sentencing or after probation — which removes the lifetime prohibition. That is often the negotiating target from the start: a misdemeanor plea, or a felony plea with an agreed § 17(b) reduction, that preserves the right to own firearms in the future. § 33410 is not a wobbler; a silencer felony cannot be reduced, which is why the definition fight matters so much on that count.
What the process looks like
If the charge is filed as a felony, your case is heard in Department S-204 at the Southwest Justice Center. If it is filed as a misdemeanor, it is heard in Department S-104. Bail on a firearm-possession charge is usually set around $20,000 before any other counts are added. Most people charged with these offenses are out of custody — on bail or on their own recognizance — by the time of their first court date.
From there, the case moves in a predictable order:
- Get the evidence. The police report, the property receipt listing what was seized, and any photographs of the firearm as it was found.
- Examine the firearm. Where the case turns on the features of a rifle, the measurement of a barrel, or whether a device is actually a silencer, a firearms examiner looks at the item itself. The DA’s classification is a starting point, not a finding.
- Challenge the search. If the firearm was found in a search that can be contested, a motion to suppress is filed. If it succeeds, the case is over.
- Negotiate. The case then goes to a Felony Settlement Conference, where the definition, the knowledge element, and the search are all on the table. Most of these cases resolve there; few go on to a preliminary hearing.
Firearm cases arising anywhere in Southwest Riverside County — Murrieta, Temecula, Menifee, Wildomar, Lake Elsinore, Winchester, Canyon Lake, and French Valley — are filed at the Southwest Justice Center.
Frequently asked questions
Is possessing an assault weapon a felony in California? It is a wobbler under § 30605. The DA can file it as a misdemeanor (up to a year in county jail) or a felony (16 months, two, or three years). A narrow first-offense infraction provision exists for lawfully-acquired, surrendered firearms.
I bought the rifle legally in Arizona. Is that a defense? Not by itself — the law prohibits possession in California regardless of where the firearm was bought. But the DA must prove you knew or should have known the firearm had the features that make it an assault weapon under California law, and where and how you acquired it is evidence on that question.
Is a solvent trap a silencer? It can be. § 33410 defines a silencer by design and intended use, not by what it was sold as. Whether a particular device meets the definition is a factual question, and it is contested.
Is a ghost gun a felony? Possessing an unserialized firearm in violation of § 29180 is a misdemeanor. It becomes felony exposure when the same firearm is also an assault weapon, a short-barreled rifle, or is carried concealed without being registered to you.
Will I lose all my guns? A felony conviction under any of these sections carries a lifetime firearm prohibition. Relinquishment of all firearms is typically ordered on conviction or as a probation condition. A misdemeanor disposition or a § 17(b) reduction can preserve future firearm rights, which is why the felony-versus-misdemeanor question is central.
Can the charge be dismissed if the search was illegal? Yes. If the firearm was found in an unlawful search, it is suppressed and the charge that depends on it is dismissed. Given how these cases typically arise, the suppression motion is the first thing evaluated.
What to do now
Do not discuss the firearm, where it came from, or how it was configured with anyone but your attorney — the knowledge element is the case, and statements about what you did or did not understand about the firearm are evidence on it. Do not attempt to modify, transfer, or dispose of any other firearms you own; relinquishment, if it comes, is handled through the court, and doing it on your own creates new problems. Preserve any purchase records, out-of-state paperwork, or registration attempts.
I have been handling firearm cases in Department S-204 since 1999, and the assault-weapon, ghost-gun, and silencer cases are the ones where an otherwise law-abiding person is facing a felony over a definition they never read. If you want to know whether the firearm you are charged with actually meets that definition, and whether the search that found it will hold up, call (951) 400-4357 for a free consultation.
