Penal Code § 30610 PC – Possession of a .50 BMG Rifle

California Penal Code § 30610 PC makes possessing a .50 BMG rifle illegal, with violations punishable by up to 1 year in jail and/or a $1,000 fine. Some legal defenses are available, such as being exempt from prosecution or showing no actual possession of the rifle.

The language of the code section reads as follows:

30610. (a) Any person who, within this state, possesses any .50 BMG rifle, except as provided in this chapter, shall be punished by a fine of one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed one year, or by both that fine and imprisonment.

(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 30905 and the person satisfies all of the following conditions:

(1) The person proves that he or she lawfully possessed the .50 BMG rifle prior to January 1, 2005.

(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 .50 BMG rifle within one year following the end of the .50 BMG rifle registration period established pursuant to Section 30905.

Note that this section is just one of California’s laws on Browning Machine Guns. Another is Penal Code 30600, which applies to assault weapons and fifty-caliber rifles.

Examples of illegal acts under PC 30610 are:

• Brad carries a fifty-caliber rifle in his backpack while on a hunting trip.
• Ashanti stores her boyfriend’s collection of .50 BMG rifles in her basement.
• Diego keeps a Browning Machine Gun in his boat when using it.

Defenses

Luckily, there are several legal defenses that a defendant can raise if accused under Penal Code 30610. These include showing that the defendant:

• is exempted from prosecution,
• did not “possess” a .50 BMG rifle, and/or
• was arrested after a coerced confession.

Penalties

A violation of Penal Code 30610 is charged as a misdemeanor in California (as opposed to a felony or an infraction). The crime is punishable by:

• imprisonment in a county jail for up to one year, and/or
• a fine of up to $1,000.

Please note that a judge may award a defendant with misdemeanor (or summary) probation instead of jail time.

Also note that in limited circumstances, a PC 30610 violation can be charged as an infraction with a penalty of a $500 fine.

Our California criminal defense attorneys will explain the following in this article:

• 1. Is it illegal to have a .50 BMG rifle in California?
• 2. Are there legal defenses to PC 30610 violations?
  • 2.1. Exempt from prosecution
  • 2.2. No possession
  • 2.3. Coerced confession
• 3. Penalties, punishment, and sentencing
• 4. Related laws
  • 4.1. Sale of an assault weapon – PC 30600
  • 4.2. Possession of an assault weapon – PC 30605
  • 4.3. Possession of a “generally prohibited weapon” – PC 16590

1. Is it illegal to have a .50 BMG rifle in California?

Penal Code 30610 PC is the California statute that makes it a crime for a person to possess any fifty-caliber Browning Machine Gun.¹

California law defines “possession” as having control of an item. There are two types of possession under California criminal law. These are:

1. actual possession, and
2. constructive possession.²

“Actual possession” means that a person has direct, physical control over a weapon (e.g., he has it on his body or in a bag he’s carrying).

“Constructive possession” means that a person has access to the weapon or the right to control it (for example, in his car or home).

Note that “BMG” stands for Browning Machine Gun. These guns are powerful enough to be used against lightly armored vehicles, including boats and low-flying airplanes. Under California law, these guns are considered a type of assault weapon.

2. Are there legal defenses to PC 30610 violations?

A person can challenge a PC 30610 accusation by raising a legal defense. A good defense may work to reduce or even dismiss a charge.

Three common defenses to Penal Code 30610 charges include:

1. exempt from prosecution
2. no possession, and/or
3. coerced confession.

2.1. Exempt from prosecution

Please note that some persons are free from prosecution under PC 30610, meaning they cannot be charged with possessing a fifty-caliber rifle. Some of these people include:

• a person holding a valid permit to possess an assault weapon specifically (as opposed to a concealed firearms permit, which does not cover assault weapons), and
• the executor or administrator of an estate that lawfully holds such firearms.

Therefore, it is a valid defense for an accused to show that he falls into such a category and is thereby free from being charged.

2.2. No possession

Please recall that a person must actually “possess” a .50 BMG rifle in order to be charged with a crime, meaning he must have control over it. This means an accused can raise a legal defense by showing that he had no control over the weapon (for example, it was in a neighbor’s home to which he had no access).

2.3. Coerced confession

California law states that police may not use overbearing measures to coerce a confession.

If a party can show that the police coerced him into a confession, then:

1. The judge may exclude the confession from evidence; or,
2. The case could get dropped altogether if the party got pressured into confessing to a crime he didn’t commit.

3. Penalties, punishment, and sentencing

A violation of Penal Code 30610 is charged as a misdemeanor in California. The crime is punishable by:

• imprisonment in a county jail for up to one year, and/or
• a fine of up to $1,000.³

Please note that in lieu to jail time, a judge may award a defendant with misdemeanor (or summary) probation.

Also note that in limited circumstances, a PC 30610 violation can be charged as an infraction with a penalty of a $500 fine.⁴

4. Related offenses

There are three laws related to the possession of a .50 BMG rifle. These are:

1. sale of an assault weapon – PC 30600,
2. possession of an assault weapon – PC 30605, and
3. possession of a “generally prohibited weapon” – PC 16590.

On June 4, 2021, a federal judge overturned California’s ban on assault weapons because it violates the constitutional right to bear arms under the Second Amendment. But assault weapons remain illegal in California while the state appeals the ruling.

4.1. Sale of an assault weapon – PC 30600

Penal Code 30600 is the California statute that makes it a crime for a person to sell an assault weapon.

PC 30600 prohibits:

• manufacturing,
• selling,
• giving away,
• lending, and/or
• possessing

assault weapons and BMG rifles, except in very specific circumstances.⁵

Charges under Penal Code 30600 vary from serious felony charges to minor infractions, depending on the facts of a case. Further, the penalties for these offenses can include:

• imprisonment for several years, and
• substantial fines.

4.2. Possession of an assault weapon – PC 30605

Penal Code 30605 PC is the California statute that makes it a crime for a person to possess an assault weapon.⁶

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 $1,000.⁷

If charged as a felony, the offense is punishable by imprisonment in the county jail for up to:

• 16 months,
• two years, or
• three years.⁸

4.3. Possession of a “generally prohibited weapon” – PC 16590

Penal Code 16590 PC is the California law prohibiting manufacturing, selling, and/or possessing certain “generally prohibited weapons.”⁹

These prohibited weapons include such items like:

• brass knuckles,
• short-barreled shotguns, and
• ballistic knives.¹⁰

A violation of a PC 16590 is a wobbler offense, meaning a prosecutor may choose to charge it as either a misdemeanor or a felony.

If charged as a misdemeanor, the crime is punishable by:

• up to one year in county jail, and/or
• a maximum $1,000 fine.¹¹

If charged as a felony, the offense is punishable by:

• up to three years in county jail, and/or
• a maximum $10,000 fine.¹²

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