SECTIONS 30800 - California Statutes

PENAL CODE

SECTION 30800

30800. (a) (1) Except as provided in Article 2 (commencing with
Section 30600), possession of any assault weapon or of any .50 BMG
rifle in violation of this chapter is a public nuisance, solely for
purposes of this section and subdivision (c) of Section 18005.
(2) The Attorney General, any district attorney, or any city
attorney, may, in lieu of criminal prosecution, bring a civil action
or reach a civil compromise in any superior court to enjoin the
possession of the assault weapon or .50 BMG rifle that is a public
nuisance.
(b) Upon motion of the Attorney General, district attorney, or
city attorney, a superior court may impose a civil fine not to exceed
three hundred dollars ($300) for the first assault weapon or .50 BMG
rifle deemed a public nuisance pursuant to subdivision (a) and up to
one hundred dollars ($100) for each additional assault weapon or .50
BMG rifle deemed a public nuisance pursuant to subdivision (a).
(c) Any assault weapon or .50 BMG rifle deemed a public nuisance
under subdivision (a) shall be destroyed in a manner so that it may
no longer be used, except upon a finding by a court, or a declaration
from the Department of Justice, district attorney, or city attorney
stating that the preservation of the assault weapon or .50 BMG rifle
is in the interest of justice.
(d) Upon conviction of any misdemeanor or felony involving the
illegal possession or use of an assault weapon, the assault weapon
shall be deemed a public nuisance and disposed of pursuant to
subdivision (c) of Section 18005.