Penal Code 30210 | Bullets with an Explosive Agent

Penal Code 30210 | Bullets with an Explosive Agent

Penal Code 30210 is a California law that makes it illegal to manufacture, import, sell, give away, lend, or possess ammunition containing flechette darts or bullets with an explosive agent[1]. This law restricts some of the most dangerous types of ammunition, which can cause severe injuries or death if misused. Understanding the details of PC 30210 can help people stay on the right side of the law.

What Does Penal Code 30210 Prohibit?

Penal Code 30210 specifically prohibits two types of hazardous ammunition[2]:

• Flechette darts – These are small darts, usually around 1 inch long, that can be loaded into cartridges and fired from guns. The darts have stabilizing fins to ensure they fly straight when shot.
• Bullets containing an explosive agent – This refers to bullets designed to explode on impact, such as those containing TNT, C4, or other explosive materials.

Simply possessing, making, importing, selling, or giving away either of these types of ammunition is illegal under PC 30210[3].

Reasons for the Law

California bans flechette darts and explosive bullets because they can inflict severe, indiscriminate injuries compared to conventional ammunition[4].

• Flechette darts are designed to penetrate soft tissues and cause massive internal damage. They can rip through organs and blood vessels, causing victims to bleed out rapidly.
• Explosive bullets detonate inside the body, destroying tissues and bones. They are more likely to be fatal compared to regular bullets.

By prohibiting these types of especially hazardous ammo, California aims to prevent needless suffering and death[5]. The law still allows less destructive types of ammunition for lawful purposes like self-defense, sports shooting, and hunting.

Penalties for Violating PC 30210

Possessing illegal ammunition under PC 30210 can be charged as either a misdemeanor or felony[1].

• Misdemeanor – Up to 1 year in county jail, a fine of up to $1,000, or both.
• Felony – Up to 3 years in county jail, a fine of up to $10,000, or both.

Factors like the amount of illegal ammo possessed may determine whether someone is charged with a misdemeanor or felony. Those with an otherwise clean criminal record may get a misdemeanor, while large quantities or intent to sell may lead to a felony.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Legal Defenses Against PC 30210 Charges

There are several legal defenses if you’ve been accused of violating PC 30210[6]:

• You did not knowingly possess the illegal ammunition – If someone slipped flechette darts or explosive bullets into your ammunition supplies without your knowledge, you may not be guilty. However, it can be difficult to prove lack of knowledge.
• The ammunition does not actually violate PC 30210 – You may be innocent if the supposed “flechette darts” do not fit the legal definition or if the bullets do not contain explosive agents. An attorney can argue the ammunition is legal.
• You are legally exempt – Certain people like law enforcement and licensed antique firearms dealers are exempt from PC 30210. An attorney can argue you fall under an exemption.
• Illegal search and seizure – If police find illegal ammunition through an unconstitutional search, an attorney can file a motion to suppress the evidence. This may lead to dropped or reduced charges.

Related Laws

Several other California laws relate to prohibited ammunition, firearms, and explosives:

• PC 16590 – Generally prohibits flechette darts, explosive bullets, short-barreled shotguns, unconventional pistols, and other dangerous weapons.
• PC 18710 – Prohibits possessing or transporting explosives, bombs, grenades, rockets, missiles, or similar destructive devices.
• PC 30600 – Prohibits manufacturing, selling, giving, lending, or possessing assault weapons and .50 BMG rifles.
• PC 30215 – Prohibits manufacturing, importing, selling, giving, or receiving camouflaging firearm containers designed to evade detection.
• PC 24710 – Prohibits manufacturing, importing, selling, giving, or possessing wallet guns, which are firearms enclosed in a case.

Responsible Firearm Ownership

When owning guns and ammunition, it is critical to know and follow all applicable laws. Responsible firearm owners should:

• Clearly understand which types of guns and ammo are legal vs. prohibited. Consult an attorney if unsure.
• Properly store and secure all firearms and ammunition to prevent unauthorized access.
• Never modify guns or ammunition in ways that would violate laws.
• Only use their firearms for legal, responsible purposes like self-defense, sports shooting, or hunting.
• Consider taking a firearm safety course to improve skills and knowledge.
• Be mindful that firearms and ammo can cause serious injury or death if misused.

Conclusion

Penal Code 30210 prohibits flechette darts and explosive bullets which can inflict severe wounds. Possessing these types of hazardous ammunition may lead to criminal charges. To avoid running afoul of the law, firearms owners must educate themselves on California’s ammunition restrictions and practice responsible ownership. An attorney can advise on lawful gun and ammo possession and defend against any PC 30210 charges.

References

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=30210.&lawCode=PEN

https://www.shouselaw.com/ca/defense/penal-code/30210/

https://www.annayumlaw.com/practice-areas/gun-crimes/bullets-containing-an-explosive-agent/

https://law.justia.com/codes/california/2022/code-pen/part-6/title-4/division-10/chapter-1/article-1/section-30210/

https://www.simmrinlawgroup.com/california-penal-code-section-30210/

https://www.egattorneys.com/bullets-explosive-agent-penal-code-30210

https://law.justia.com/codes/california/2010/pen/30210-30290.html

https://www.shouselaw.com/ca/defense/penal-code/30210/

https://www.nssf.org/safety/rules-firearms-safety/

https://www.annayumlaw.com/practice-areas/gun-crimes/bullets-containing-an-explosive-agent/