What is Possession of Armor Piercing Ammunition?

If you have heard of “steel jacketed” or “steel core” ammunition, you have heard of what is known as armor-piercing ammunition, which are bullets meant to penetrate metal or a body armor vest often worn by police officers or a rival gang. 

This means that the ammunition “[h]as [a] projectile or projectile core constructed entirely, excluding the presence of traces of other substances, from one or a combination of tungsten alloys, steel, iron, brass, beryllium copper, or depleted uranium, or any equivalent material of similar density or hardness.” Penal Code § 16660(a).

Such ammunition “Is primarily manufactured or designed, by virtue of its shape, cross-sectional density, or any coating applied thereto, including, but not limited to, ammunition commonly known as “KTW ammunition,” to breach or penetrate a body vest or body shield when fired from a pistol, revolver, or other firearm capable of being concealed upon the person.”  Penal Code § 16660(b).

Such steel or armor piercing ammunition can have either of these characteristics to be illegal, if it is possessed by an individual or a company for use in a handgun.  It can have a projectile core of such substances as listed under § 16660(a), or it can be of because of the ammunition’s shape, cross-sectional density or coating designed to pierce steel or body armor.

Illegal possession of such ammunition for use in a handgun violates Penal Code § 30315.  It is not illegal to have this ammunition for use in a rifle.

Violation of § 30315 is a “wobbler,” meaning the prosecution can charge defendant with this violation as a misdemeanor or as a felony, depending upon the case facts (for example, what else was found with the ammunition) and the defendant’s criminal history.

If one is convicted of violating § 30315 as a misdemeanor, one faces up to one year is county jail and / or a court fine of up to $5,000.  If one is convicted of § 30315 as a felony, one faces up to three years in state prison (usually to be served in county jail under AB 109 unless one is a registered sex offender) and a court fine of $5,000.

While a misdemeanor conviction of violating § 30315 will not result in one losing one’s right to own, possess or purchase a firearm, a felony conviction of violating § 30315 will cause this loss of rights.

This type of offense is often seen in conjunction with a person being charged with many other firearm related offenses and possibly also gang enhancements.  It is most commonly associated with have an illegal assault weapon or rifle (Penal Code § 30600), possession of body armor (Penal Code § 31360), possession of ammunition by someone banned from having ammunition (Penal Code § 30305(a)(1)), carrying a concealed weapon (Penal Code § 25400), being a felon in possession of a firearm (Penal Code § 29800) and / or possession of bullets with an explosive agent (Penal Code § 30210).

A violation of § 30315 is not considered a “Strike” under California law.  However, possession of armor piercing ammunition can have adverse immigration consequences, even when charged as a misdemeanor, such as causing one to be subject to deportation or denial of naturalization.

The defenses to this charge are that the police conducted an illegal search.  This is probably the most common defense because most people who have such ammunition will make some effort to keep it out of plain view and hide it somehow, so a search warrant may be required to find it.

Secondly, defendant may simply claim that he or she had no idea that the ammunition was “steel core” or “steel jacketed.”  He or she did not know it was unique or someone “planted” it in their backpack or car, i.e.

Third, defendant may have the ammunition for use in a rifle or shotgun, not a handgun.

Fourth, the defendant may argue that the ammunition was not armor-piercing.  Put another way, the police do not know what they were looking at.  The ammunition was conventional ammo.