Penal Code § 30210 PC - Bullets Containing an Explosive Agent
Table of contents
Click To travel To Chapters
1. What Is Penal Code § 30210 PC?
Penal Code § 30210 PC Law Reads As Followed:
Any person who manufactures, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any ammunition containing or carrying an explosive agent, or any ammunition containing or carrying flechette darts, is guilty of a public offense.
2. What are Examples of Penal Code § 30210 PC?
California Penal Code § 30210 PC makes it illegal to manufacture, import, sell, give away, or possess ammunition containing an explosive agent or flechette darts. Violating this statute can lead to serious criminal charges. To better understand this law, let’s explore real-world examples that illustrate actions that could result in a violation of Penal Code § 30210 PC.
1. Possessing Explosive Bullets Without Authorization
Scenario:
A gun enthusiast purchases bullets online that contain explosive agents, unaware that they are illegal in California. The bullets are later discovered during a routine traffic stop when officers inspect their vehicle.
Violation:
By possessing explosive bullets, the individual violates Penal Code § 30210 PC, even if they were unaware of the law prohibiting such ammunition.
2. Selling Ammunition with Flechette Darts
Scenario:
A retailer in California stocks and sells ammunition containing flechette darts to local customers. The retailer advertises the bullets as a high-penetration option for hunting or personal defense.
Violation:
Selling ammunition containing flechette darts is a direct violation of Penal Code § 30210 PC, as these items are explicitly banned under California law.
3. Importing Explosive Ammunition into California
Scenario:
A business imports bullets with explosive tips into California for resale, intending to target niche firearm collectors. During a routine shipment inspection, customs officials discover the banned ammunition.
Violation:
Importing ammunition containing explosive agents into California is a clear violation of Penal Code § 30210 PC, even if the intention was to sell them outside the state.
4. Lending Explosive Ammunition to a Friend
Scenario:
An individual lends bullets with explosive agents to a friend for use at a private shooting range. Law enforcement officers investigating a separate incident discover the ammunition in possession of the borrower.
Violation:
By lending the explosive ammunition, the original owner violates Penal Code § 30210 PC, regardless of the setting in which the ammunition was intended to be used.
5. Manufacturing Ammunition with Flechette Darts
Scenario:
A hobbyist creates custom ammunition in their garage, including bullets containing flechette darts for testing purposes. The individual shares these bullets with others in an online community of firearm enthusiasts.
Violation:
Both manufacturing and distributing ammunition containing flechette darts are prohibited under Penal Code § 30210 PC, and this activity could result in felony charges.
6. Collecting Antique Explosive Ammunition Without Proper Exemption
Scenario:
A collector acquires antique explosive bullets at a firearm show, believing they are exempt from California law due to their historical significance. Authorities discover the ammunition during a home inspection.
Violation:
Unless the collector has proper authorization or falls under an exempted category (e.g., antique dealer), possessing such ammunition violates Penal Code § 30210 PC.
3. What are The Common Defenses Against Penal Code § 30210 PC?
If you’re charged with violating Penal Code § 30210 PC, which prohibits the manufacture, import, sale, or possession of ammunition containing explosive agents or flechette darts, it’s important to know that there are defenses available. With a skilled attorney, you can challenge the prosecution’s case and potentially have the charges reduced or dismissed.
Here are the most common defenses against Penal Code § 30210 PC charges.
1. The Ammunition Did Not Contain Explosive Agents or Flechette Darts
To convict you under Penal Code § 30210 PC, the prosecution must prove that the ammunition contained either explosive agents or flechette darts, as defined by law. If the item in question does not meet these legal definitions, this defense may apply.
Example Defense:
You are accused of possessing explosive ammunition, but the bullets are found to be standard rounds without any explosive properties.
Legal Strategy:
Your attorney can argue that the ammunition does not meet the statutory criteria, making the charges invalid.
2. Lack of Knowledge
Penal Code § 30210 PC requires that you knowingly possessed, sold, or transported prohibited ammunition. If you were unaware of the presence or nature of the ammunition, you cannot be convicted.
Example Defense:
You borrowed a bag from a friend, unaware it contained ammunition with explosive tips.
Legal Strategy:
Your attorney can argue that you did not have knowledge of the ammunition, undermining the prosecution’s case.
3. You Had Legal Authorization
Certain individuals and situations are exempt from prosecution under Penal Code § 30210 PC. These exemptions may apply to:
Law enforcement officers acting within the scope of their duties,
Antique dealers handling collectible ammunition, or
Military personnel authorized to possess or transport such ammunition.
Example Defense:
You are a law enforcement officer authorized to handle prohibited ammunition as part of an investigation.
Legal Strategy:
Your attorney can present evidence of your exemption or authorization to demonstrate that your actions were lawful.
4. The Ammunition Was for Legitimate Collectible Purposes
Antique ammunition may qualify for exemptions under specific circumstances, particularly if it is not intended for use and is strictly for collection.
Example Defense:
You possess antique bullets containing flechette darts as part of a historical firearms collection.
Legal Strategy:
Your attorney can provide documentation and expert testimony to establish the collectible nature of the ammunition.
If law enforcement violated your Fourth Amendment rights during the search or seizure of the ammunition, any evidence obtained may be inadmissible in court. Without admissible evidence, the prosecution’s case could fall apart.
Example Defense:
The police conducted a search of your vehicle without a warrant or probable cause and found the prohibited ammunition.
Legal Strategy:
Your attorney can file a motion to suppress the evidence, arguing that it was obtained unlawfully.
6. Lack of Intent
If you did not intend to possess, sell, or transport prohibited ammunition, you might not be guilty under Penal Code § 30210 PC.
Example Defense:
You inherited a box of ammunition from a relative, unaware it contained bullets with explosive agents.
Legal Strategy:
Your attorney can argue that your possession of the ammunition was unintentional and lacked criminal intent.
7. Duress
The defense of duress applies when someone is forced to commit a crime due to threats of harm or death. If you were coerced into possessing or transporting prohibited ammunition, this defense could apply.
Example Defense:
An individual threatened your life unless you delivered ammunition containing explosive agents to a specific location.
Legal Strategy:
Your attorney can present evidence of the threats and argue that you acted under duress.
8. Misidentification
In some cases, you may be wrongly identified as the person in possession of or responsible for the prohibited ammunition. Misidentification can occur due to errors in witness testimony or law enforcement procedures.
Example Defense:
A package containing explosive bullets was found in a shared vehicle, and law enforcement incorrectly attributed ownership to you.
Legal Strategy:
Your attorney can highlight inconsistencies in the evidence or testimony to establish reasonable doubt.
our clients say it best
Client Testimonials
4. What are The Penalties for Violating Penal Code § 30210 PC?
Penal Code § 30210 PC prohibits the manufacture, importation, sale, or possession of ammunition containing explosive agents or flechette darts in California. Violating this statute is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant’s criminal history. The penalties for a conviction can be severe, with long-lasting consequences.
Misdemeanor Penalties for Penal Code § 30210 PC
If charged as a misdemeanor, the penalties for violating Penal Code § 30210 PC include:
County Jail Sentence
Up to 1 year in county jail.
Fines
A maximum fine of $1,000.
Misdemeanor Probation
Instead of jail time, the court may grant summary (informal) probation, which typically includes:
Regular check-ins with a probation officer,
Compliance with court-ordered terms such as attending classes or avoiding further legal trouble.
Felony Penalties for Penal Code § 30210 PC
If charged as a felony, the penalties for violating Penal Code § 30210 PC include:
State Prison Sentence
16 months, 2 years, or 3 years in state prison.
Fines
A maximum fine of $10,000.
Felony Probation
Instead of prison time, the court may grant formal probation, which typically involves:
Regular meetings with a probation officer,
Adherence to strict conditions, and
The possibility of community service or rehabilitation programs.
Factors Influencing Sentencing
The severity of the penalties depends on several factors, including:
Criminal History
Defendants with prior felony convictions or a history of violent crimes may face harsher penalties.
Circumstances of the Offense
Aggravating factors, such as possessing large quantities of prohibited ammunition or using it in connection with other crimes, can lead to more severe charges and sentencing.
Mitigating Factors
A clean criminal record or evidence of unintentional possession may result in reduced charges or leniency from the court.
Collateral Consequences of a Penal Code § 30210 PC Conviction
In addition to jail time and fines, a conviction under Penal Code § 30210 PC can have long-term effects on your life, including:
Criminal Record
A felony or misdemeanor conviction will appear on your record, potentially impacting employment and housing opportunities.
Loss of Gun Rights
A felony conviction results in the loss of the right to own or possess firearms in California.
Immigration Consequences
Non-citizens convicted of a felony may face deportation or be deemed inadmissible to the United States.
Professional License Impact
Certain professions may revoke or deny licensure following a conviction for a weapons-related offense.
5. What are The Related Offenses To Penal Code § 30210 PC?
California Penal Code § 30210 PC criminalizes the manufacture, sale, import, or possession of ammunition containing explosive agents or flechette darts. While this law focuses on specific types of ammunition, several other statutes address related offenses involving weapons, ammunition, and dangerous devices. These related laws provide a broader understanding of California’s strict regulations on items that pose significant safety risks.
1. Penal Code § 16590 – Generally Prohibited Weapons
Overview:
Penal Code § 16590 PC lists various weapons and devices that are generally illegal to manufacture, possess, or distribute in California. This statute includes:
Explosive bullets,
Flechette darts,
Wallet guns,
Lipstick case knives, and
Other unconventional weapons.
Penalties:
Misdemeanor: Up to 1 year in county jail and/or a fine of up to $1,000.
Felony: 16 months, 2 years, or 3 years in state prison and/or a fine of up to $10,000.
Connection to Penal Code § 30210 PC:
Explosive bullets and flechette darts fall under this broader prohibition, making them a subset of the items regulated by § 16590.
2. Penal Code § 24710 – Wallet Guns
Overview:
Penal Code § 24710 PC makes it a crime to manufacture, import, sell, or possess wallet guns, which are firearms concealed within a wallet-like case.
Penalties:
Misdemeanor: Up to 1 year in county jail and/or a fine of up to $1,000.
Felony: 16 months, 2 years, or 3 years in state prison and/or a fine of up to $10,000.
Connection to Penal Code § 30210 PC:
Both laws target dangerous and unconventional weapons that pose public safety risks due to their concealed or hazardous nature.
3. Penal Code § 30600 – Assault Weapons and .50 BMG Rifles
Overview:
Penal Code § 30600 PC prohibits the manufacture, sale, distribution, or possession of assault weapons and .50 BMG (Browning Machine Gun) rifles, except in specific circumstances.
Penalties:
Felony: Punishable by 2, 3, or 4 years in state prison.
Connection to Penal Code § 30210 PC:
Like explosive bullets and flechette darts, assault weapons and .50 BMG rifles are considered excessively dangerous and are strictly regulated in California.
4. Penal Code § 18710 – Destructive Devices
Overview:
Penal Code § 18710 PC prohibits the possession of destructive devices, including:
Bombs,
Grenades,
Explosive missiles,
Rockets, and
Incendiary devices.
Penalties:
Misdemeanor: Up to 1 year in county jail and/or a fine of up to $1,000.
Felony: 16 months, 2 years, or 3 years in state prison and/or a fine of up to $10,000.
Connection to Penal Code § 30210 PC:
Both laws address the possession of devices and ammunition that can cause extensive harm or destruction.
5. Penal Code § 30305(a)(1) – Felon in Possession of Ammunition
Overview:
Penal Code § 30305(a)(1) PC prohibits individuals who are convicted felons from possessing ammunition, regardless of type.
Penalties:
Felony: 16 months, 2 years, or 3 years in state prison.
Connection to Penal Code § 30210 PC:
While Penal Code § 30210 regulates specific types of ammunition, § 30305 applies to the general possession of ammunition by prohibited individuals.
6. Penal Code § 33215 – Short-Barreled Shotguns and Rifles
Overview:
Penal Code § 33215 PC makes it illegal to possess, manufacture, or distribute short-barreled shotguns or rifles, as they are considered highly dangerous.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony: 16 months, 2 years, or 3 years in state prison.
Connection to Penal Code § 30210 PC:
Both laws regulate items that have enhanced lethality and are deemed a public safety risk.
7. Penal Code § 30605 – Possession of Assault Weapons
Overview:
Penal Code § 30605 PC criminalizes the simple possession of assault weapons, even if they are not being used or distributed.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony: Up to 3 years in state prison.
Connection to Penal Code § 30210 PC:
Both statutes prohibit the possession of highly regulated and dangerous weapons.
Protecting Your Rights, Defending Your Future
Get in touch with our lawyers today to schedule a consultation and learn how we can help you. We are here to answer your questions and provide you with the support you need during this difficult time.
Client Satisfaction Is Priority
You Are More Than What They Say
We Always Go The Extra Mile