(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).
Notes of Decisions
Cited in
173
cases (
83 in the last 5 years), 2013–2026 · leading case:
People v. Espino, 247 Cal. App. 4th 746 (Cal. Ct. App. 2016).
People v. Espino, 247 Cal. App. 4th 746 (Cal. Ct. App. 2016).
“(a)(1); Pen. Code, § 30305, subd. (a)(1).) The information *755 alleged defendant had suffered a prior conviction for possession of cocaine for sale.”
People v. Parrott, 10 Cal. App. 5th 485 (Cal. Ct. App. 2017).
“(a); count one) and possession of ammunition (Pen. Code, § 30305, subd. (a)(1); count two).”
People v. McCloud, 15 Cal. App. 5th 948 (Cal. Ct. App. 2017).
“Code, § 29800 ), and being a felon in possession of ammunition ( Pen. Code, § 30305 ). II DISCUSSION A. Transportation for Sale Instruction The parties correctly agree the trial court failed to instruct the jury with an essential element of transportation for sale ( Health & Saf.”
People v. Dunn, 248 Cal. App. 4th 518 (Cal. Ct. App. 2016).
“(a); count 2); and being a felon in possession of ammunition (Pen. Code, § 30305, subd. (a)(1); count 3).”
People v. Ortiz, No. E064609 (Cal. Ct. App. Apr. 22, 2016).
· cites it 3× “5), defendant pled guilty to unlawfully possessing ammunition (Pen. Code, § 30305, subd. (a); count 1) and driving on a suspended license 1 (Veh.”
People v. Dumbrava, No. G060115 (Cal. Ct. App. Nov. 22, 2022).
· cites it 3× “(f)(1) & (i) [count 23]); and prohibited ownership of ammunition (Pen. Code, § 30305, subd. (a)(1) [count 24]).”
People v. Horton, No. E061560 (Cal. Ct. App. Aug. 17, 2015).
· cites it 4× “(a)(1)), possession of ammunition by a person prohibited from possessing a firearm (Pen. Code, § 30305, subd. (a)), and several prior convictions.”
People v. Gonzalez, No. B333287 (Cal. Ct. App. Aug. 21, 2024).
· cites it 2× “PA096107 (PA096107), defendant was charged with unlawful possession of ammunition (Pen. Code, § 30305, subd. (a)(1)), possession of a controlled substance with a firearm (Health & Saf.”
People v. Mohammed, 120 Cal. App. 5th 222 (Cal. Ct. App. 2026).
· cites it 2× “(a)(1)); and (4) possession of ammunition by a felon (count 11; Pen. Code, § 30305, subd. (a)(1)). 3. The August 16, 2022 Offenses Finally, in the lead case, Mohammed was charged with committing five misdemeanors on August 16, 2022: (1) resisting an officer (count 12; Pen.”
People v. Williams, No. F088458 (Cal. Ct. App. May 1, 2026).
· cites it 2× “District Attorney filed an information that charged defendant with three felonies and five misdemeanors: felony unlawful possession for sale of cocaine (Health & Safety Code, § 11351;1 count 1); felony opening or maintaining a place for the purpose of unlawfully selling, giving…”
People v. Layng, No. B347583 (Cal. Ct. App. May 26, 2026).
· cites it 2× “(Pen. Code, § 30305, subd. (a)(1).) Sheriff’s Deputies contacted Layng next to his illegally parked vehicle.”
Cal. Penal Code § 30305(a)(1): 8 cases
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