What Happens if You’re Caught With an Illegal Assault Weapon in San Jose?
October 20, 2025 | Nafiz M. Ahmed
California has some of the strictest gun laws in the country, and San Jose enforces them aggressively. Owning or possessing an illegal assault weapon is a serious criminal offense that can lead to serious penalties, including years of jail time on top of substantial fines.
If you’ve been arrested or believe you may be under investigation for possessing an illegal firearm, it’s essential to understand how state and local laws apply to your situation.
California’s Assault Weapon Laws
Under California Penal Code § 30605, it is illegal to possess any assault weapon unless specifically authorized by law. The term “assault weapon” covers a wide range of firearms that meet certain criteria related to design or function.
Common examples of firearms that may qualify as assault weapons include:
- Any shotgun with a revolving cylinder
- Specific weapons, such as the Sterling MK-6 and Beretta AR-70
- A semiautomatic, centerfire rifle that is less than 30 inches
Making modifications can also turn a legal firearm into an illegal one under California law. For instance, installing a fixed magazine that can accept more than 10 rounds on a semiautomatic pistol could make it unlawful to possess in San Jose.
What Are the Penalties for Possession of an Illegal Assault Weapon in California?
Possessing an illegal assault weapon in California is considered a “wobbler” offense, meaning it can be charged as either a felony or a misdemeanor.
A conviction can result in:
- Up to 3 years in state prison
- Fines of up to $10,000
- Probation and mandatory surrender of all firearms
- Permanent loss of your right to own or purchase guns in the future
If there are aggravating factors present (such as using the weapon in connection with another crime or having a prior criminal history), the penalties can increase substantially.
Additionally, federal firearm charges may apply if the weapon was transported across state lines or if the case involves certain banned modifications.
What Defenses Can I Raise in Response to Assault Weapon Charges?
An experienced criminal defense lawyer can raise several potential defenses depending on the facts and circumstances of your case.
Common defenses may include:
- Unlawful search and seizure: If police violated your constitutional rights while searching your home or vehicle, the weapon could be excluded from evidence.
- Lack of knowledge: You may not have known that the weapon met California’s legal definition of an assault weapon or that it was in your possession.
- Registration or exemption: Certain individuals, such as law enforcement officers or those with special permits, may be lawfully allowed to possess the firearm.
- Mistaken identity or ownership: The weapon may not have belonged to you, or you may not have had actual control over it.
If you’re facing charges, scheduling a consultation with a defense attorney is one of the best steps you could possibly take.
What Should I Do if I’ve Been Arrested for Possessing an Assault Weapon in California?
If you are caught with an illegal assault weapon, what you do next can have a major impact on your future.
Take note of the following:
- Stay calm and avoid making statements to the police until you have an attorney present.
- Do not consent to further searches without a warrant.
- Contact a criminal defense lawyer immediately to protect your rights.
- Follow the legal advice you’re given carefully to avoid additional charges or complications.
The earlier you involve a criminal defense attorney, the more options you’ll have for protecting yourself in court.
Contact a San Jose Criminal Defense Lawyer at Ahmed & Sukaram Criminal Defense Attorneys for a Case Evaluation
An arrest for possessing an illegal assault weapon can have life-changing consequences, but it’s important to remember that you’re presumed innocent until proven guilty in a court of law.
Contact Ahmed & Sukaram, Criminal Defense Attorneys to arrange a consultation with an experienced San Jose criminal defense attorney.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500