Quote:
Originally Posted by Goodnight
How do they make gun ownership felony without removing the second amendment.
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CA has already done it. This includes confiscation of the firearm.
https://www.shouselaw.com/assault-weapon-possession
Shouse Law Group › Criminal Defense › Penal Code › Penal Code 30605 PC - Possession of an Assault Weapon
Penal Code 30605 PC - Possession of an Assault Weapon
Penal Code 30605 PC is the California statute that makes it a crime for a person to possess any assault weapon.
In particular, the statute states:
“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.”
Note that PC 30605 is just one of California's laws on assault weapons. Another is Penal Code 30600, which applies to assault weapons and .50 BMG rifles.
Examples of illegal acts under PC 30605 are:
Mark carries an assault weapon in a backpack while going on a hike.
Juanita stores her boyfriend's assault weapons in her apartment.
Jose puts a few of his assault weapons in his car before driving to a friend's house.
Defenses
Luckily, there are several legal defenses that a defendant can raise if accused under Penal Code 30605. These include showing that the defendant:
is exempted from prosecution,
did not “possess” a weapon, and/or
was arrested after an unlawful search and seizure.
Penalties
A violation of Penal Code 30605 is a wobbler offense in California. This means it can be charged as either a misdemeanor or a felony.
If charged as a misdemeanor, the crime is punishable by:
imprisonment in a county jail for up to one year, and/or
a fine of up to $1,000.
If charged as a felony, the offense is punishable by imprisonment in the county jail for up to three years.
Note that in limited circumstances, a PC 30605 violation can be charged as an infraction with a penalty of a $500 fine.