NATIONALLY RECOGNIZED FEDERAL LAWYERS
How serious is cop-killer bullet possession
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek – with over 40 years of combined experience handling federal weapons cases. You’ve probably heard about some of the high-profile cases we’ve handled, like representing Anna Delvey in the Netflix series “Inventing Anna,” or the Ghislaine Maxwell juror misconduct case that made national headlines. When it comes to federal firearms charges – especially the kind involving armor-piercing ammunition – we handle cases that other attorneys won’t touch.
If you’re here searching for information about cop-killer bullets, you’re probably facing federal charges or worried about someone who is. The federal government takes armor-piercing ammunition extremely seriously, and the penalties are some of the harshest in firearms law. This article explains what makes these charges so severe, what the federal statutes actually say, and why prosecutors treat these cases differently than ordinary gun possession.
Federal Law Treats This Differently Than Other Ammunition
Armor-piercing ammunition – what people call cop-killer bullets – isn’t treated like regular ammo under federal law. Under 18 USC 922, it’s basically illegal to manufacture or import these rounds at all. The statute carves out only three narrow exceptions: for use by the United States or state governments, for exportation, or for testing and experimentation authorized by the Attorney General.
That’s stricter than regular gun laws that prohibit certain people from possessing weapons – felons, domestic abusers, drug users. With armor-piercing ammunition, the default position is nobody can make it or bring it into the country unless they fit one of those three exceptions. Even licensed firearms dealers can’t legally manufacture or import cop-killer bullets for commercial sale.
Federal law defines armor-piercing ammunition as a projectile constructed entirely from tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium that can be used in a handgun. Notice the focus on handguns – Congress was worried about concealable weapons firing rounds that could defeat police body armor.
Simple Possession Gets Five Years
If federal prosecutors charge you with manufacturing or importing armor-piercing ammunition in violation of 18 USC 924, you’re looking at up to five years in federal prison. That’s before any enhancements, before any other charges, just for the base offense.
Federal prosecutors don’t file these charges often – but when they do, they’re serious about getting convictions. When someone does get charged, it’s usually because they caught ATF’s attention, manufacturing rounds in a garage, importing them illegally, or possessing them during another serious crime.
I’ve seen cases where defendants thought they were just collecting unusual ammunition. Federal judges don’t care much about that defense. Ignorance of the law isn’t an excuse, and prosecutors will argue that anyone possessing this type of ammunition knew exactly what they had.
Using Cop-Killer Bullets During a Crime Means 15 Years Mandatory
If you use or carry armor-piercing ammunition during a crime of violence or drug trafficking crime, federal law imposes a mandatory minimum sentence of 15 years under 18 USC 924(c)(5). That’s not the maximum – that’s the floor. The judge can’t go below it even if they want to. And that sentence runs consecutively to whatever you get for the underlying crime, it doesn’t run at the same time.
Let me break down what that actually means in practice. Say you’re charged with drug trafficking and the government proves you had a firearm loaded with armor-piercing ammunition during the offense. You might get 10 years for the drug charge based on quantity and criminal history. Then the 924(c) charge adds 15 years on top of that. You’re walking into sentencing looking at 25 years minimum. No judge has discretion to reduce that 15-year mandatory minimum for the armor-piercing ammunition, not for cooperation, not for acceptance of responsibility, not for anything except a motion from the government itself.
The statute gets even worse if someone dies. If a killing occurs and it’s classified as murder, the defendant can face the death penalty or life in prison. Federal prosecutors rarely seek death in these cases, but life without parole becomes very real.
These mandatory minimums are why defense attorneys tell clients to avoid any discussion of the case with law enforcement until we’re involved. One statement about why you had the ammunition, one admission that you knew what it was – and the prosecutor has everything they need. Federal agents are trained to ask questions that seem innocent but lock you into admissions.
Why Prosecutors Treat These Cases So Aggressively
Federal prosecutors view armor-piercing ammunition cases as officer safety issues, plain and simple. The entire reason Congress banned these rounds in the Gun Control Act was to protect law enforcement from bullets that could penetrate body armor. When a prosecutor sees armor-piercing ammunition in a case file, they see a direct threat to police officers. That changes how they approach plea negotiations.
In a typical felon-in-possession case, prosecutors might offer a plea deal that avoids mandatory minimums. They might agree to drop a 924(c) gun charge if the defendant pleads to the underlying drug offense. But when armor-piercing ammunition is involved? Those conversations get much harder. The U.S. Attorney’s office doesn’t want to be seen as soft on threats to law enforcement. They’ll push for the mandatory minimums, they’ll argue for sentencing enhancements, and they’ll fight any departure or variance request.
What Actually Helps in Federal Court
If you’re charged with an armor-piercing ammunition offense, your best chance is getting ahead of it early – before indictment if possible. That means retaining experienced federal defense counsel who can communicate with prosecutors and agents during the investigation. Sometimes we can convince the government that the ammunition doesn’t actually meet the federal definition, that it was designed for rifles not handguns, or that the defendant had no knowledge of what they possessed.
Challenging the classification of the ammunition is technical work. It requires understanding the statutory definitions, how ATF interprets armor-piercing ammunition, and whether the specific projectiles in your case actually fit the legal criteria. We’ve seen cases where what ATF initially called armor-piercing ammunition didn’t meet the statutory definition once we had ballistics experts examine it.
Cooperation is another avenue, but it’s complicated. Under federal law, the only way to get below a mandatory minimum sentence is through a government motion for substantial assistance. Safety valve doesn’t apply to 924(c) charges involving armor-piercing ammunition – those mandatory minimums are set in stone unless prosecutors file a 5K1.1 motion. That means you need something valuable to offer the government, information about suppliers, manufacturers, trafficking networks.
At Spodek Law Group, we’ve handled hundreds of federal firearms cases over many, many years. Our managing partner Todd Spodek is a second-generation criminal defense attorney who grew up around courtrooms and trials. We’re not the type of firm that takes every case that walks in the door – we’re selective about who we represent because we focus on cases where we can actually make a difference. When it comes to armor-piercing ammunition charges, the stakes are too high for anything less than aggressive, experienced representation from attorneys who understand federal sentencing and how to negotiate with U.S. Attorneys’ offices.
These cases don’t resolve themselves. The mandatory minimums don’t go away because you cooperate with probation or because the judge likes you. You need a defense team that knows how to challenge the evidence, how to argue for departures and variances, and how to position your case for the best possible outcome. We’re available 24/7 because federal cases don’t wait for business hours – agents execute search warrants at dawn, arrests happen on weekends, and sometimes you need immediate legal advice.