Penal Code § 30315 PC - Possession of Armor-Piercing Bullets

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1. What is the “Possession of Armor-Piercing Bullets”?

In California, Penal Code 30315 PC makes it illegal to possess armor-piercing ammunition designed for use in a handgun. The state takes this law very seriously due to the dangerous nature of armor-piercing bullets, which can penetrate body armor or shields. Understanding the details of this statute is crucial for anyone who owns firearms or ammunition in California.

Definition of Penal Code 30315 PC

Under Penal Code 30315 PC, it is a crime to possess armor-piercing ammunition if:

You are a Person or Corporation: The statute applies to both individuals and corporations found to be in possession of this type of ammunition.
You Knowingly Possessed Armor-Piercing Ammunition: The law requires that you were aware that you possessed this type of ammunition.

Armor-Piercing Ammunition Defined: Armor-piercing ammunition is designed primarily to penetrate body armor or protective vests. It’s often referred to as:

Steel core ammo
Steel jacketed ammunition

This statute specifically targets ammunition intended for use in handguns, such as revolvers and semi-automatic pistols.

Possessing armor-piercing ammunition is a serious offense in California, carrying potentially severe penalties, especially if charged as a felony. If you’re facing charges under Penal Code 30315 PC, it’s essential to consult with an experienced criminal defense attorney to understand your rights and options. Grace Legal Group is here to provide expert guidance and a strong defense strategy to help you navigate these challenging circumstances.

Penal Code § 30315 PC Law Reads As Followed:

30315. Any person, firm, or corporation who, within this state knowingly possesses any handgun ammunition designed primarily to penetrate metal or armor is guilty of a public offense and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail for a term not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment.

2. What are Examples of Penal Code § 30315 PC?

Unknowingly Possessing Armor-Piercing Ammunition:
- Example: Sarah buys ammunition for her handgun at a gun show. She later discovers that the bullets she purchased are armor-piercing. Since Sarah didn’t know what she was buying, she might have a defense. However, if she learns that they are armor-piercing and chooses to keep them, she could then be charged under Penal Code § 30315 PC.
Storing Armor-Piercing Bullets for Handgun Use:
- Example: John owns a handgun and keeps a box of armor-piercing ammunition in his garage, fully aware of its purpose. He knows it is designed to penetrate body armor and plans to use it for his handgun. This clear possession of armor-piercing bullets with knowledge of what they are makes him guilty under Penal Code § 30315 PC.
Possessing Armor-Piercing Bullets at a Shooting Range:
- Example: Mark brings armor-piercing ammunition to a shooting range to use with his handgun, knowing that it’s illegal in California. If law enforcement catches him in possession of these bullets, he could be charged with violating Penal Code § 30315 PC.
A Business Owner Selling Armor-Piercing Ammunition:
- Example: A sporting goods store owner offers armor-piercing bullets for sale, knowing they are designed for handguns. Even if the store doesn’t complete any sales, simply possessing this ammunition with the intent to sell it violates Penal Code § 30315 PC.
Transporting Armor-Piercing Ammunition Across State Lines:
- Example: Lisa buys armor-piercing bullets while out of state and brings them back into California for use with her handgun. Despite purchasing them legally elsewhere, her possession of these bullets in California would violate Penal Code § 30315 PC.

The main factors for violating Penal Code § 30315 PC include knowingly possessing armor-piercing ammunition designed for handguns.
Even if you didn’t intend to use the bullets or were unaware of their purpose at first, continued possession after knowing they are armor-piercing can lead to criminal charges.

3. What are the Common Defenses Against Penal Code § 30315 PC?

Lack of Knowledge:
- Explanation: One of the key elements of Penal Code § 30315 PC is that you must have knowingly possessed armor-piercing ammunition. If you were unaware that the bullets were armor-piercing, you cannot be convicted under this statute.
- Example: You borrowed ammunition from a friend, not realizing it was armor-piercing. If you genuinely didn’t know the nature of the bullets, this defense could be effective.
The Ammunition Was Not Armor-Piercing:
- Explanation: The law specifically targets armor-piercing ammunition designed to penetrate body armor. If the ammunition you possessed was not actually armor-piercing, you could argue that it doesn’t fall under Penal Code § 30315 PC.
- Example: You possessed ammunition that looks similar to armor-piercing bullets but doesn’t have the same penetrating capabilities. In such cases, proving that the bullets were not armor-piercing could result in the charges being dropped.
The Ammunition Was Not for a Handgun:
- Explanation: Penal Code § 30315 PC applies only to armor-piercing bullets designed for use in handguns. If you had this type of ammunition but it was intended for a different type of firearm, like a rifle, this could be a valid defense.
- Example: You possessed armor-piercing bullets designed for a rifle, not a handgun. Since the statute only regulates handgun ammunition, this defense could lead to the dismissal of charges.
Unlawful Search and Seizure:
- Explanation: The Fourth Amendment protects you from unlawful searches and seizures by law enforcement. If the ammunition was discovered through an illegal search (e.g., without a warrant or probable cause), your attorney can file a motion to exclude this evidence, potentially resulting in a dismissal of the case.
- Example: Police searched your vehicle without a warrant or valid reason and found the armor-piercing bullets. If the search was illegal, the evidence may be thrown out, weakening the prosecution’s case.
Possession Was Temporary or for Legal Purposes:
- Explanation: If you possessed the armor-piercing bullets only temporarily or for a legitimate, lawful reason (such as taking them to law enforcement to dispose of them), this could be a valid defense.
- Example: You found armor-piercing bullets in a box of mixed ammunition and intended to turn them over to the police. As long as you didn’t plan to keep or use them, this defense could help avoid a conviction.

Facing charges under Penal Code § 30315 PC can be serious, but there are multiple defenses available depending on the circumstances. An experienced criminal defense attorney can assess the facts of your case, identify the most effective defense strategies, and work to protect your rights and achieve the best possible outcome.

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4. What are The Penalties for Violating Penal Code § 30315 PC?

Misdemeanor Charges:
- Jail Time: Up to 1 year in county jail
- Fines: Up to $5,000
- Misdemeanor Probation: The court may grant summary (informal) probation, which might include conditions such as community service, mandatory counseling, or compliance with specific terms set by the court.
Felony Charges:
- Jail Time: 16 months, 2 years, or 3 years in county jail
- Fines: Up to $5,000
- Felony Probation: In some cases, the court may grant formal probation instead of jail time, which would involve regular meetings with a probation officer and compliance with court-imposed conditions.

Additional Consequences

Immigration Consequences:
- A felony conviction for possessing armor-piercing ammunition may have severe immigration consequences for non-citizens. It could lead to deportation or make a person inadmissible to the United States.
Impact on Gun Rights:
- Misdemeanor Conviction: Generally, a misdemeanor conviction under Penal Code § 30315 PC does not affect your right to own or possess firearms.
- Felony Conviction: A felony conviction results in a lifetime ban on owning, purchasing, or possessing firearms in California.
Criminal Record:
- A conviction under Penal Code § 30315 PC results in a criminal record, which can affect employment opportunities, housing, and professional licenses. However, you may be eligible for expungement in some cases after completing your sentence or probation.

“Wobbler” Nature Explained

Penal Code § 30315 PC is a “wobbler,” meaning it can be charged as either a misdemeanor or a felony. Factors influencing whether the prosecutor charges the offense as a misdemeanor or felony include:

The defendant’s criminal history
The specific circumstances of the offense
Whether the possession of armor-piercing bullets posed a significant danger

Violating Penal Code § 30315 PC carries serious penalties, ranging from jail time to loss of gun rights and negative immigration consequences. If you’re facing charges under this statute, seeking the guidance of an experienced criminal defense attorney is essential to help you navigate the legal process and potentially reduce or dismiss the charges.

5. What are the Related Offenses To Penal Code § 30315 PC?

Penal Code § 30600 PC – Manufacturing, Selling, or Transporting Assault Weapons and Rifles
- Overview: This law makes it illegal to manufacture, distribute, transport, sell, or transfer assault weapons and .50 BMG rifles in California.
- Relation to Penal Code § 30315 PC: If someone is found in possession of armor-piercing bullets, they might also be involved with assault weapons or illegal firearms, leading to additional charges under Penal Code § 30600 PC. This offense is also a “wobbler,” meaning it can be charged as a misdemeanor or felony.
Penal Code § 30605 PC – Possession of an Assault Weapon
- Overview: This statute makes it a crime to possess an assault weapon in California. It applies to individuals who knowingly have or control these illegal firearms.
- Relation to Penal Code § 30315 PC: Someone charged with possessing armor-piercing bullets could also be charged under Penal Code § 30605 PC if they are found to possess an assault weapon. Like Penal Code § 30315 PC, this is a wobbler offense.
Penal Code § 30610 PC – Possession of a .50 BMG Rifle
- Overview: This law makes it illegal to possess a .50 BMG (Browning Machine Gun) rifle, a powerful weapon capable of penetrating armor and light vehicles.
- Relation to Penal Code § 30315 PC: If a person is caught with armor-piercing ammunition designed for such a weapon, they may also face charges under Penal Code § 30610 PC.
Penal Code § 30305(a)(1) PC – Possession of Ammunition by a Prohibited Person
- Overview: This statute prohibits certain individuals (such as convicted felons, individuals with restraining orders, or those with certain mental health conditions) from possessing any ammunition.
- Relation to Penal Code § 30315 PC: If a prohibited person is found with armor-piercing bullets, they could be charged under both Penal Code § 30305(a)(1) PC and § 30315 PC.
Penal Code § 16590 PC – Possession of a Generally Prohibited Weapon
- Overview: Penal Code § 16590 PC covers various illegal weapons and makes it a crime to manufacture, import, sell, give away, or possess such weapons in California. This includes certain types of firearms, ammunition, and accessories.
- Relation to Penal Code § 30315 PC: If a person possesses armor-piercing bullets along with any other prohibited weapon, they could be charged with multiple offenses, including violating Penal Code § 16590 PC.
Penal Code § 25400 PC – Carrying a Concealed Firearm
- Overview: This law makes it illegal to carry a concealed firearm on your person or in a vehicle without the proper permit.
- Relation to Penal Code § 30315 PC: If someone is found carrying a concealed firearm along with armor-piercing ammunition, they could face charges under both statutes.
Penal Code § 29800 PC – Felon in Possession of a Firearm
- Overview: This statute makes it illegal for convicted felons to possess, own, or have control over any firearm.
- Relation to Penal Code § 30315 PC: If a convicted felon is caught with armor-piercing bullets, they could be charged with both possession of a firearm by a felon and possession of armor-piercing ammunition.

These related offenses demonstrate that possessing armor-piercing bullets often intersects with other weapon-related crimes, potentially resulting in multiple charges. If you’re facing charges under Penal Code § 30315 PC or any of these related offenses, it’s crucial to seek experienced legal representation to navigate the complexities of California’s firearms and ammunition laws.

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