Yes. Penal Code 30305 makes it a crime for anyone barred from having a firearm, such as a felon, certain misdemeanants, a narcotics addict, or a person under a qualifying protective order, to possess ammunition, even with no gun involved. It is a wobbler, punishable by up to a year in county jail or by state prison, a fine up to $1,000, or both. A narrow defense covers found ammunition.
Who counts as a prohibited person under this law
Section 30305(a)(1) borrows its list of prohibited people from the firearm-prohibition chapters that begin at Penal Code sections 29800 and 29900, plus two Welfare and Institutions Code sections. Penal Code section 29800 bars anyone convicted of a felony in any jurisdiction (with narrow exceptions for some federal and out-of-state convictions), anyone convicted of an offense involving the violent use of a firearm listed in section 23515, such as assault with a firearm, anyone with two or more convictions for brandishing a firearm under section 417(a)(2), and anyone addicted to the use of a narcotic drug. Penal Code section 29805 adds a separate list of misdemeanor convictions, including certain assault, battery, brandishing, and criminal threats convictions, that generally bar firearm possession for 10 years from the conviction. Penal Code section 29825 covers anyone who knows they are subject to a protective or restraining order that prohibits owning or possessing a firearm. The same chapters also reach, for example, a person on probation with an express no-firearms condition (section 29815) and the violent-offense list that begins at section 29900. Welfare and Institutions Code section 8100 and section 8103 include people receiving inpatient treatment who are considered a danger to themselves or others, people who made a serious threat of violence to a psychotherapist that was reported to law enforcement, people admitted to a facility as a danger to themselves or others after being taken into custody under Welfare and Institutions Code section 5150, and people found not guilty by reason of insanity, found incompetent to stand trial, or placed under a conservatorship for grave disability where the court found that having a firearm would be dangerous. These are the main categories section 30305 picks up for ammunition, not every firearm restriction in California law.
What counts as possessing ammunition without a gun
The statute does not require you to own, touch, or even be near a firearm. It provides that no one in the listed categories shall "own, possess, or have under custody or control, any ammunition or reloaded ammunition" (Penal Code section 30305(a)(1)). Possession can be actual, meaning on your person, or constructive, meaning ammunition in a home, car, garage, or storage unit you control, even if someone else owns the space or the ammunition itself. A common dispute in these cases is whether ammunition found in a shared bedroom, garage, or vehicle truly belonged to, or was under the control of, the prohibited person, especially when other adults had equal access to the same space. Subdivision (b) adds a separate, narrower category: a person enjoined under a specific civil gang injunction who is not otherwise prohibited cannot possess ammunition either.
What is the punishment, and is there an exception
A violation of subdivision (a) is a wobbler: it is punishable by up to one year in county jail or by imprisonment in state prison, a fine of up to $1,000, or both (Penal Code section 30305(a)(2)). A violation of subdivision (b), the gang-injunction category, is a misdemeanor. Subdivision (c) carves out a narrow defense: it is not a crime if you found the ammunition, or took it from someone who was committing a crime against you, and possessed it no longer than necessary to deliver it to a law enforcement agency. That defense is available only when your prohibition comes from the categories that begin at section 29800 or from the gang injunction in subdivision (b). Subdivision (d) puts the burden on you to prove that exemption by a preponderance of the evidence at trial, so document the find and report it promptly rather than holding onto it.
How long does the firearm and ammunition ban last
How long the underlying prohibition lasts depends on which category applies, and that controls how long section 30305 exposure lasts too. A felony conviction under section 29800 generally bars firearms and ammunition for life, and the narcotics-addiction category applies while the person is addicted. A qualifying misdemeanor conviction under section 29805 generally bars both for 10 years from the date of conviction, but a misdemeanor conviction on or after January 1, 2019 for corporal injury on a spouse or partner under section 273.5 bars firearms for life under section 29805(b). Section 29805 also notes that its ban may be reduced, eliminated, or conditioned under sections 29855 and 29860, which are narrow, one-time petitions for certain peace officers and for people whose offense was added to the list after their conviction. A protective order under section 29825 lasts only as long as the order itself stays in effect. A mental health hold or finding under Welfare and Institutions Code section 8100 or 8103 carries its own separate duration, often five years for a qualifying hold or reported threat, and in some circumstances its own petition process to lift the restriction. Confirm the exact expiration date, or whether relief is available, before assuming a ban is permanent.
How this differs from being a felon in possession of a firearm
The firm's page on felon in possession of a firearm covers the separate felony of possessing the firearm itself under Penal Code section 29800. Section 30305 reaches ammunition alone, so the two statutes can apply independently to the same person, for example someone with ammunition in a closet but no gun anywhere in the house. Prosecutors can charge both when officers find a firearm and ammunition together, but each charge still needs its own proof, and a case can fail on one while the other stands. For the deeper look at ammunition charges generally, see the firm's page on possession of ammunition.
What to do now
Identify exactly which prior conviction, order, or finding the prosecution says makes you a prohibited person, since that status is an element the prosecution has to prove, not just assume. If you believe you are no longer prohibited, for example because an order expired or a felony was reduced to a misdemeanor, bring that paperwork to counsel before the arraignment. A dismissal under Penal Code section 1203.4, often called an expungement, does not by itself restore the right to have a firearm, so it does not end the ammunition ban either. Also check whether the ammunition itself is lawful to own at all in California, since certain types carry their own separate restrictions apart from who is holding them. For a review of firearm and ammunition charges generally, see the Law Offices of David S. Chesley's violent crimes defense page.
