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Penal Code 30210 | Bullets with an Explosive Agent
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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.
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.
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://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/