I. PC 30320: Selling Handgun Ammunition Capable of Piercing Metal or Armor

Legal Definition: “Any person, firm, or corporation who, within this state, manufactures, imports, sells, offers to sell, or knowingly transports any handgun ammunition designed primarily to penetrate metal or armor is guilty of a felony and upon conviction thereof shall be punished by imprisonment in state prison, or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment.

To be found guilty under PC 30320 the prosecution must prove that you:

1. You sold/transported/offered to sell handgun ammunition capable of piercing armor;

AND

2. You had knowledge of this fact.

II. What does this mean?

This charge only applies to bullets/ammunition used in handguns. This charge does not apply to rifles. Armor-piercing bullets and specifically made to penetrate a person, such as a police officer’s, chest, or body shield. These are also known as steel core ammo and steel jacked ammunition. You must also have knowledge that you possess these types of bullets in order to be convicted under this section. The purpose of this section is to protect police from extremely strong and dangerous bullets designed to be able to hit and kill them in the line of duty. If you try to sell or manufacture these types of ammunition, you can be charged here.  If you receive the ammunition, you could be charged under PC 30315, this section is meant only for the sales of that ammunition to another person.

Note, you can also be charged for simply offering to sell, even if you do not actually complete a transaction with another person, or the other person is an undercover police officer.

III. Penalties

A violation under PC 30320 is a wobbler offense in California. This means you can be charged with this crime as a misdemeanor or as a felony. Whether you are charged with this as a felony or a misdemeanor depends on the specific facts of your case, and your criminal history. If you are charged with this as a misdemeanor, you can be sentenced to up to one year in County Jail. If you are convicted of this charge as a felony, you could be sentenced to State Prison for up to 16 months, 2 or 3 years. If you are convicted of this section as a misdemeanor you could be sentenced to up to one year in County Jail. You would have to serve at least 50% of that time in custody. You can also be fined up to $5,000 upon a conviction.

This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC 290. You could also face a loss of your Professional License if convicted, and if you are not a legal resident, you could face Deportation in Immigration Court since this crime can be considered an aggravated felony with the use of a firearm.

IV. Common Defenses

1. Statute of Limitations
2. Violation of Rights
3. Insufficient Evidence
4. Coerced Confessions

It is only a crime if the ammunition you are selling is armor-piercing, therefore failing to show that the ammunition is in fact armor-piercing and that you had knowledge of that fact, would act as a defense in your case. Failing to show that you knew it was an armor-piercing bullet as well as your knowledge of that fact, would be showing there is insufficient evidence to prove you guilty of the charged crime.

Also, if police act in violation of your rights, your attorney can argue that the police did an illegal search and seizure, and evidence of the armoring piercing ammunition found would be suppressed, meaning it could not come into court and be used against you. You may have had the illegal ammunition for sale, but if police were to enter your home without a warrant or probable cause, then your Ontario Criminal Defense Attorney can successfully argue that it was an illegal search and seizure, and evidence of the illegal bullets in your home would be thrown out of Court.

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