California has stringent laws on offenses involving explosives, ammunition, and weapons. You could face misdemeanor or felony charges if you are guilty of possessing bullets that contain an explosive agent. This crime attracts severe consequences, including a jail term, fines, and probation. The legal process can be overwhelming, especially if you do not seek the services of a skilled criminal defense attorney. If you or your loved one is currently facing charges for possessing bullets containing an explosive agent in San Diego, we can help. Our lawyers at the Law Offices of Anna R. Yum can help you create a strong defense against the allegations.
Bullets Containing an Explosive Agent Explained
The crime of possessing bullets containing an explosive agent is defined under the California Penal Code 30210. It is an offense under this law for you to manufacture, give, sell, import, or possess ammunition that contains a flechette dart or bullets containing an explosive agent.
A Flechette Dart
According to Penal Code 16570, a flechette dart is a pointed steel projectile. It is a fin-stabilized dart capable of being shot out of a firearm. A dart is typically one inch long and has a tail-fin that measures five-sixteenths of an inch.
An Explosive Agent
An explosive agent is defined under Penal Code 16460. Under this law, an explosive agent is any ammunition that contains any type of explosive and has a primary purpose of rapid detonation. The following are examples of explosive agents:
- Mercury fulminate, picric acid, or similar primers
- Pellet powder or black gunpowder
- Nitroglycerin or dynamite
- Blasting agents like nitrocarbon nitrate substances
- A sealed amount of dry ice or similar reactive substances
- Flammable liquid with a flash point of 150 degrees Fahrenheit or less
You could still face charges under PC 30210 if you possess a bullet containing unlawful explosive agents that do not explode when the gun is fired. For example, bullets or ammunition containing C4 or TNT can still explode but destroy the firearm only. C4 or TNT are more highly reactive than propellant powders in the current bullets. C4 or TNT substances can explode in your hands before you fire or shoot out. Most firearm cartridges or bullets currently in use contain smokeless gunpowder, which is not considered an explosive agent under PC 30210.
The Elements Of The Crime
If the prosecutor accuses you of violating PC 30210, the prosecutor must first prove the facts of your case beyond a reasonable doubt. These facts are also known as the elements of the crime, and they include the following:
- You manufactured or caused to be manufactured, given, possessed, sold, transported, or imported
- Any bullet or ammunition that contained a flechette dart or
- You possessed bullets containing explosive agents inside
Offenses related to ammunition, explosives, and weapons will attract the full attention of the prosecutor. The prosecutor will work hard to pursue a conviction, mainly if you manufactured or caused to be manufactured a high quantity of explosive ammunition or flechette darts.
Circumstances That Can Lead To Charges Under PC 30210
A violation of PC 30210 could happen under the following circumstances:
- Requesting a friend to store some of your weapons and ammunition that can explode. In this case, you could face charges under PC 30210 for manufacturing illegal ammunition. Your friend could also face charges for knowingly transporting and storing the ammunition under this statute.
- Entering a competition to create unique projectiles, including ammunition. You could modify bullets to contain different types of explosive chemicals with varying levels of damage. You could also modify some ammunition from various scrap metals to suit different-shaped flechette darts. In this case, you could be guilty of creating unlawful, explosive ammunition and bullets containing flechette darts. You could, therefore, face charges under PC 30210 even if your motive was to enter into a competition.
- Buying ammunition that contains various explosive agents, taking them to a different state, and modifying your rifle to suit the new ammunition. In this case, you could be guilty under 30210 for transporting ammunition that contains explosive agents across state boundaries. You could also face a weapons charge under PC 33215 if the modification you made on your rifle was unlawful or you possessed a sawed-off rifle.
Penalties For Possessing Bullets That Contain an Explosive Agent
A violation of PC 30210 is usually charged as a misdemeanor or felony. If the judge convicts you of a misdemeanor, you could face the following penalties:
- A fine that does not exceed $1,000
- A jail term that does not exceed one year in a county jail
- Misdemeanor or summary probation
If the judge convicts you of a felony, you could face the following penalties:
- A fine that does not exceed $10,000
- A jail term that does not exceed three years in a county jail
- Formal or felony probation
Enhanced Penalties
Any weapons-related crime on your criminal record will influence your future interactions with law enforcement, regardless of whether it was a misdemeanor or felony. Law enforcement will be stricter when they look up your record and find that you have a prior weapon or ammunition conviction.
You could also face enhanced charges if you commit several violations of PC 30210. It is up to the judge’s discretion to determine whether penalties for multiple crimes should be served consecutively or concurrently. Consecutively means you must serve one sentence after the other. For example, you could be charged with three offenses and incarcerated for one year in a county jail for each offense. In this case, you will serve a total of three years.
Concurrently, this means your punishment for all offenses would begin simultaneously. You could be convicted of three crimes, and each crime attracts a jail term of up to one year in a county jail. The court or judge could decide that your sentences start simultaneously in this situation.
Violation Of PC 30210 and Gun Rights
According to Penal Code 29800, you are not allowed to possess, buy, or acquire a firearm if you are convicted of a felony. You will, therefore, lose your gun rights if you are convicted of a felony under PC 30210.
Violation Of PC 30210 And Immigration Status
Your immigration status will only be affected if the judge convicts you of certain offenses categorized as crimes of moral turpitude. Fortunately, a misdemeanor or felony conviction for this crime will not affect your immigration status unless aggravating factors exist.
Defenses to Penal Code 30210 Charges
A competent criminal defense attorney can evaluate your case and develop the ideal defense strategy to challenge your charges. Your attorney can raise the following defenses to fight the allegations leveled against you:
You Were Coerced or Under Duress
Coercion or duress means you were not acting against your will. You could have been threatened, forced, or intimidated to manufacture bullets containing explosive agents. You could also have been threatened to cause the manufacturing, import, sale, or distribution of bullets containing explosive agents. Being forced means that you were not acting intentionally or on purpose. In this case, threats, force, or other means of intimidation made you act the way you did.
You cannot face charges under PC 30210 if you only compiled because you were under duress. The judge will likely dismiss or reduce your charges if he/she is convinced that you were under duress or coercion.
You Are Free From Prosecution
Some individuals are exempt from prosecution under 30210. However, not many professionals qualify for these exemptions. Antique dealers and members of law enforcement fall under these exemptions. To some extent, they are permitted under PC 16590 to sell, transfer, or possess bullets containing explosive agents. However, your attorney must provide sufficient evidence to prove that you fall into any classification. On the other hand, exempt individuals can still face charges if they act with a criminal intent to manufacture, sell, transfer, possess, or distribute these products.
Momentary Possession
Sometimes, you could visit a gun store and hold explosive bullets to buy them. Later, law enforcement comes in, finds you holding the prohibited bullets, and arrests you. You could claim that you were holding the bullets temporarily.
Prosecutorial Misconduct
All attorneys are expected under the law to follow legal, professional, and ethical conduct. Prosecutors wield substantial authority. Some prosecutors use this power without observing ethical conduct to secure the convictions of most offenders. Their misconduct is not limited to a trial. Prosecutorial misconduct could occur at any stage of the court process, including pretrial and sentencing.
The following is some of the conduct that meets the prosecutorial misconduct threshold:
- Using wrong arguments that include commenting on your decision not to testify, giving inflammatory comments, or arguing facts not submitted into evidence
- Discrimination in the jury selection process. In this case, prosecutors could use ethnicity, sex, religion, or other similar criteria to exclude or select a potential jury.
- Failing to provide exculpatory evidence if necessary. Exculpatory evidence is also known as Brady material. It suggests that you are innocent and that the judge should impose a reduced sentence.
- Introducing false evidence — False evidence constitutes false accounts by witnesses, hearsay statements, and untrue or unfounded character evidence. According to Evidence Code 1101, character evidence is inadmissible in court. The prosecutor could introduce your previous offenses as evidence of your guilt in the current charges.
Your attorney can present evidence of the prosecutor’s misconduct in court. The judge could grant a motion for a fresh trial or dismiss your charges if he/she is satisfied with the evidence. The judge could also admonish the jury to ignore specific evidence presented or comments made by the prosecutor.
Insufficient Evidence
The prosecutor can easily convince the court of the violation of PC 30210. The prosecutor only needs to present surveillance footage of the explosive bullet in your possession, eyewitness accounts, or a photo of the explosive bullet in your car. However, it is hard to prove constructive possession. The prosecutor must prove that you were aware that the bullet was in your possession. He/she must also prove that you had control over it.
Lack of Knowledge
The prosecutor could claim that you were aware that the bullet in your possession was prohibited. You could fight this accusation by arguing that you were not aware. The prosecutor has a burden to prove your awareness beyond a reasonable doubt.
You Are a Victim Of Illegal Search And Seizure
Law enforcement requires a valid warrant to search and seize any material the prosecutor can present as evidence. The law enforcement officers should have a legal excuse without a search warrant. The following are the circumstances in which law enforcement can search you, your vehicle, or your home without a warrant:
- Searches and seizures of weapons that are in plain view
- Officers conduct searches on a suspect’s outer clothing when he/she is detained temporarily. Law enforcement uses these searches to look for the weapons you could use against them.
- When law enforcement has probable cause to believe that your vehicle has evidence of the offense
- Searches and seizures incidental to legal arrests
- When you permit the search or seizure
- Inspection searches, especially at the airports
Any evidence that law enforcement gathers in a search is unlawful without a legal excuse or a legal search warrant. Your attorney could file a PC 1538.5 motion seeking to suppress the evidence gathered in the illegal search and seizure. The judge could dismiss your charges if he/she grants the motion.
Mistaken Identity
Mistaken identification is common in weapon possession cases. If the prosecutor lacks irrefutable evidence like video footage in your PC 30210 charges, he/she will rely on eyewitness testimonies to make their case. Several factors contribute to the false identification of defendants by eyewitnesses. Some of the factors could include:
- Fixation on a weapon
- Wrong suggestions by law enforcement
- Racial bias
- The stress of the encounter
- Inebriation
Your attorney could use the following strategy to question the eyewitness’ testimony:
- Securing the services of an eyewitness identification expert. In this case, the expert will explain to the jury how memory works. This could help the jury identify any memory lapses that resulted in false identification of the defendant. Memory issues could also reveal the eyewitness’ inconsistent recollection of the violation of PC 30210.
- Demand for a live lineup to ascertain whether the eyewitness can single out the perpetrator
- In contesting the process, law enforcement used the lineup and photo spreads to identify the perpetrator.
Related Offenses
The following crimes could be charged alongside PC 30210:
Possession Of Destructive Devices Or Explosives – Penal Code 18710
Possessing a destructive device is a crime under PC 18710. According to this law, destructive devices could include the following:
- Projectiles containing incendiary material
- Explosive missiles
- Grenades
- Any sealed device containing dry ice or other chemically reactive material that is assembled to cause an explosion
- Bombs
- Any container that can break and contains a flammable liquid with a flash point of 150 degrees Fahrenheit
- Certain types of rockets or rocket-propelled projectiles
If the prosecutor accuses you of violating PC 18710, he/she must prove the following elements:
- You possessed a destructive device
- You were aware that you possessed the device
- You were aware that what you had was a destructive device
A violation of PC 18710 is usually charged as a wobbler. In this case, you could be charged with a misdemeanor or felony, depending on the circumstances of your crime and your criminal history. Misdemeanor charges could attract the following penalties:
- A fine that does not exceed $1000
- A jail term that does not exceed one year in a county jail
Felony charges, on the other hand, could attract the following penalties:
- A fine that does not exceed $10,000
- A jail term of up to 16 months, two or three years in a state prison
Unlike most crimes, the judge will not grant you probation if he/she convicts you of possessing explosives or destructive devices. A conviction for this crime could also lead to confiscating and destroying the destructive device.
You could face enhanced penalties under PC 18715 if you maliciously or recklessly possess an explosive in the following areas:
- Near or in any private residence
- Near, on, or in any public place passed by people
- Near or in any school, church, hotel, theater, or other public building
You could face a jail term of up to two, four, or six years in state prison if you are guilty of violating PC 18715.
You can present the following defenses to challenge your PC 18710 charges:
- You are a victim of illegal search and seizure
- You were wrongly arrested
- You are exempt from prosecution
- The item does not qualify as a destructive device
- You have a valid license to possess the device
Wallet Guns – Penal Code 24710
Penal Code 24710 governs wallet guns or guns mounted or enclosed in a case. According to Penal Code 17330, a wallet gun is any gun mounted or enclosed in a case. The case for these firearms looks like a wallet, hence the name. You can shoot a wallet gun while it is still enclosed in its case. You can also carry these guns in a purse or pocket.
According to PC 24710, you could face charges if you manufacture or import wallet guns to sell, lend, or give them out. It is also a crime under PC 16590 to manufacture or import wallet guns to sell or lend to others. Some weapons prohibited include metal knuckles, belt buckle knives, and concealed daggers.
Courts usually charge a violation of PC 24710 as a wobbler. You could face misdemeanor or felony charges, depending on the facts of your case. If the judge charges you with a misdemeanor, you could face the following penalties:
- A fine that does not exceed $1000
- A jail term that does not exceed one year in a county jail
The judge could also grant you misdemeanor probation instead of a jail term. On the other hand, if the judge charges you with a felony, you could face the following penalties:
- A fine that does not exceed $10,000
- A jail term that does not exceed three years in a county jail
The judge could also grant you felony probation instead of a jail term.
If the prosecutor accuses you of violating 24710, you could raise the following defenses against the accusations:
- You are a victim of unlawful search and seizure
- You are exempted from prosecution
- No wallet gun
Assault Weapons And Rifles In California – PC 30600
It is a crime under PC 30600 to manufacture, sell, import, transport, or give away assault devices or BMG rifles. According to this statute, you could only be guilty if you:
- Carry out an illegal act intentionally, and
- Were aware or reasonably should have known about the weapon’s nature as an assault weapon or .50-BMG rifle
There are 70 types of firearms classified as assault weapons under PC 30510. The following are some of the weapons in this category:
- The Striker 12 shotguns
- Uzi submachine guns
- All AK-series rifles
There are also semiautomatic center-fire rifles, which are regarded as assault weapons. They include:
- The Micro-UZI sub-machine gun
- The TAVOR Bullpup rifle
- Bushmaster semi automatic rifles
A violation of PC 30600 is always charged as a felony. Felony charges could attract felony probation or a jail term of up to eight years in a county jail. You could also face an additional jail term of one year if you sold, loaned, gave, or transferred an assault weapon, device or BMG rifle to a minor.
The defenses you raise to fight your PC 30600 charges could include:
- You have a license to manufacture and sell the weapons
- You are a victim of illegal search and seizure
- No assault weapon, device, or BMG rifle
Find a Criminal Defense Attorney Near Me
A violation of California Penal Code 30210 is a severe offense that can be charged as a misdemeanor or felony. It is crucial to contact an experienced attorney immediately after you learn that you are under investigation for an offense. At the Law Offices of Anna R. Yum, we have skilled attorneys who can craft a solid defense for your charges in San Diego. Contact us at 619-493-3461 to speak to one of our attorneys.
