Description

The state of California prohibits Assault Weapons including the manufacture, sale or lending of, distribution or transportation. Conditions for legal possession include law enforcement firearm exhibitions, organized firearms competition or the owner holds a valid permit.

What does the prosecutor have to prove?

1. Defendant, within this state, manufactured or caused to be manufactured, distributed, transported, or imported into the state, kept for sale, or offered or exposed for sale an assault weapon or .50 BMG rifle.
2. Defendant was not authorized to do so.

Punishment

Felony: 4years/6years/8years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?Yes
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?No
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No