Penal Code § 12022.2 PC – Possessing Ammunition Designed to Penetrate Metal or Armor

California Penal Code § 12022.2 PC is a sentencing enhancement that adds up to 10 years of prison time if you use armor-piercing ammunition in the commission of a felony. If you wear a body vest while committing the felony, the prison enhancement is up to five years.

Examples:

• Committing a burglary while wearing a backpack that has a gun and armor-piercing ammo
• Robbing a store while wearing a body vest
• Selling drugs while in possession of a gun loaded with metal-piercing ammo

In this article, our California criminal defense attorneys will address the following in this article:

• 1. What is the law under Penal Code 12022.2?
• 2. What is the sentencing for armor-piercing ammunition?
• 3. What is the sentencing for body vests?
• 4. How do I fight the charge?
  • 4.1 You did not commit a felony
  • 4.2 You were arrested after a coerced confession
  • 4.3 You were falsely accused
• 5. Related offenses

1. What is the law under Penal Code 12022.2?

Penal Code 12022.2 PC is the California statute that enhances your sentence if you either:

1. commit a felony while armed with a firearm and in immediate possession of ammunition designed primarily to penetrate metal or armor, or
2. wear a body vest during the commission of a violent felony.¹

“Body vest” means any bullet-resistant material intended to provide ballistic and trauma protection for the wearer.²

2. What is the sentencing for armor-piercing ammunition?

If you possess metal- or armor-piercing ammunition during the commission of a felony, you will receive a sentence of:

• three,
• four, or
• ten years.³

This sentence is in addition and consecutive to the punishment for the underlying crime.⁴

Note that absent circumstances in aggravation or mitigation, the judge must sentence you to four years under this statute. Otherwise, the judge will use their discretion in deciding what penalty to impose.⁵

The judge must state the reasons for their choice on the record at the time of the sentence.⁶

3. What is the sentencing for body vests?

If you wore a body vest during the commission or attempted commission of a violent felony, you will be punished by an additional and consecutive prison term of:

• one,
• two, or
• five years.⁷

The court must sentence you to the minimum one-year enhancement unless there are circumstances in aggravation or mitigation. Again, the court must state the reasons for its enhancement choice on the record at the time of the sentence.⁸

4. How do I fight the charge?

Here at Shouse Law Group, we have successfully handled numerous cases where this section was alleged. In our experience, three of the best defenses are to show that:

4.1. You did not commit a felony

PC 12022.2 only applies if you committed a felony. Therefore, it is always a defense to show that there was no underlying felony offense. For example, maybe you committed a California misdemeanor or an infraction.

4.2. You were arrested after a coerced confession

California law states that police may not use overbearing measures to coerce a confession.

If you can show that the police coerced you into a confession, then:

• the judge may exclude the confession from evidence, or
• the case could get dropped altogether if you got pressured into confessing to a crime you did not commit.

4.3. You were falsely accused

Unfortunately, it is not at all uncommon to get prosecuted based on false allegations. You may get falsely accused out of

• jealousy,
• revenge, and
• anger.

Thus, it is a valid defense to say that a party falsely accused you of violating Penal Code 12022.2.

5. Related Offenses

Being armed with a firearm during the commission of a felony – PC 12022

Penal Code 12022 PC is the California statute that says you will face enhanced prison time for felony crimes, if, during the commission of the crime, either:

1. you were armed with a firearm, or
2. you used a dangerous or deadly weapon.⁹

According to PC 12022:

• being armed with a firearm in the commission of a felony, or in an attempted felony, carries an additional and consecutive prison term of one year.
• in the commission of a felony, being armed with an assault weapon, a machine gun, or a .50 BMG rifle carries an additional and consecutive prison term of three years.
• personally using a deadly or dangerous weapon in the commission of a felony carries an additional and consecutive prison term of one year.
• using a deadly or dangerous weapon in the commission of a felony carjacking carries an additional and consecutive prison term of one, two, or three years.
• in the commission of certain felony drug offenses, being armed with a firearm carries an additional and consecutive prison term of three, four, or five years.¹⁰

Personally using firearms during the commission of a felony – PC 12022.5

California Penal Code 12022.5 creates a sentencing enhancement of between three to ten years for personally using a firearm during the commission or attempted commission of a felony.¹¹

Using a firearm in the commission of a sex crime – PC 12022.3

Penal Code 12022.3 PC imposes sentencing enhancements if you used, or had in your possession, a firearm during the commission of certain sex offenses. Such offenses include (but are not limited to):

• California Penal Code 261 PC, rape,
• Penal Code 286 PC, forcible sodomy, and
• Penal Code 288, lewd acts with a child.¹²

The sentencing enhancements under PC 12022.3 can range from one to ten years.¹³

6. Additional reading

For more information, see our related articles:

• Possession of armor-piercing bullets – PC 30315 forbids possessing armor-piercing bullets or ammo.
• Bullets containing an explosive agent – PC 30210 forbids making, importing, selling, giving, or possessing ammo that contains a flechette dart, or bullets that contain an explosive agent.
• Large-capacity magazines – PC 32310 forbids possessing, selling, buying, giving away, importing, transporting, or making any ammunition-feeding device that can hold more than 10 rounds.
• Buying ammo – PC 30312 requires all ammunition purchases be made through a licensed ammunition dealer.
• Felons in possession of ammo – PC 30305(a)(1) forbids convicted felons from possessing ammunition.

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