Federal Armor Piercing Ammunition Charges: What “Cop Killer Bullet” Charges Actually Mean

If your facing federal charges for possessing “armor-piercing ammunition” or what prosecutors call “cop killer bullets,” your probably terrified. The terminology alone sounds like something out of a crime drama—like you’re being accused of targeting police officers. But here’s the thing: the reality is often very diffrent from what the charge suggests. Alot of gun owners, collectors, and hunters end up with these charges without ever intending to break the law.

The federal regulations around ammunition are complicated, sometimes confusing, and even gun dealers don’t always know what’s legal and what ain’t. You might of purchased ammunition at a gun show that the seller said was perfectly legal. You might of inherited a collection from a family member. You might not of even known that certain types of ammunition—rounds you thought were standard hunting ammunition—could land you in federal court. Your not alone in this, and understanding what your actually facing is the first step.

Look, this article is going to walk you through what armor-piercing ammunition actually means under federal law, why you’re facing federal charges instead of state charges, what penalties your actually looking at, and—most importantly—what defenses might work in you’re situation. This isn’t about scaring you. Its about giving you real information so you can make informed decisions about your case.

What Actually Counts as Armor Piercing Ammunition Under Federal Law?

Here’s the first thing you need to understand: not all ammunition that can penetrate body armor is considered “armor-piercing” under federal law. The statute—18 U.S.C. § 921(a)(17)(B)—has a very specific definition based off the core composition of the projectile, not just whether it penetrates armor. This distinction matters enormously.

The federal definition focuses on projectiles that may be used in a handgun and have cores made entirely from specific materials: tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium. There’s also weight requirements—the core must weigh more then 25% of the total projectile weight. If you’re ammunition doesn’t meet these exact specifications, it may not actually qualify as armor-piercing under the law, regardless of what the prosecutor’s charging document says.

The rifle ammunition exemption is huge, and alot of people don’t realize it exists. If ammunition is designed primarily for rifles and can only be used in sporting rifles, it’s generally exempt from the armor-piercing definition even if the core is made from restricted materials. This is why M855 “green tip” 5.56mm ammunition is NOT considered armor-piercing under federal law, despite the fact it has a steel core and can penetrate some body armor. The ATF exempted it specifically because its a rifle round primarily used for sporting purposes.

Steel core hunting rounds designed for large game like elk, moose, or bear are typically exempt for the same reason.

The key question isn’t “does it penetrate armor?” but rather “was it designed to penetrate armor, and can it be used in a handgun?”

This “designed for” versus “capable of” distinction has became a major defense strategy in these cases, and we’ll get to that in a minute.

Then their’s the sporting purposes exception. Under ATF regulations, ammunition that is “primarily intended for sporting purposes” can be exempted from the armor-piercing classification even if it technically meets the composition requirements. The ATF maintains a list of exempted ammunition types, but the list isn’t always clear and it changes over time. What was legal when you bought it might of been in a gray area, or the exemption status might of been unclear.

Let me give you some concrete examples to help clarify which ammunition types commonly come up in these cases:

• M855/SS109 “green tip” 5.56mm – This is EXEMPT. Its rifle ammunition with a steel core tip, but the ATF specifically exempted it for sporting use. If your charged with possessing this, you have a strong defense argument.
• M993 “black tip” 7.62mm – This IS restricted. It was designed specifically as armor-piercing ammunition for military use and doesn’t have a sporting purposes exemption.
• 7.62x39mm steel core – This is a GRAY AREA. Some varieties are exempt, some aren’t. It depends on the specific manufacturer and whether the ATF has issued a determination for that particular ammunition.
• Brass core hunting ammunition – Usually exempt because brass, while listed in the statute, is commonly used in hunting ammunition and most brass core rounds meet the sporting purposes exception.

If you have ammunition and your not sure whether it qualifies as armor-piercing, the composition of the projectile core is what matters. Unfortunately, you usually can’t tell just by looking at it. This is where ballistics testing becomes critical in you’re defense, which we’ll discuss more in the defense strategies section.

The bottom line? The federal definition of armor-piercing ammunition is way more narrow then most people think. Just because ammunition penetrates body armor doesn’t mean its illegal. The prosecutor has to prove your ammunition meets the specific statutory requirements—and thats not always as easy as it sounds.

How Did This Become a Federal Case Instead of a State Case?

Your probably wondering why your facing federal charges at all. Why isn’t this a state case? The answer has to do with federal jurisdiction over firearms and ammunition, which is based off the Constitution’s Commerce Clause.

For the federal government to prosecute you, they have to prove that the ammunition moved in interstate or foreign commerce at some point. This might sound like a high bar, but in reality, it’s pretty easy for prosecutors to meet. If you purchased the ammunition online from a seller in another state—that’s interstate commerce. If you bought it at a gun show and the seller got it from a distributor in another state—thats interstate commerce. Even if the ammunition was manufactured in you’re state, the components (brass, powder, primers, projectiles) almost certainly crossed state lines at some point.

The reality is, unless you personally manufactured every single component of the ammunition from raw materials mined in your state, the interstate commerce requirement is going to be satisfied.

Some defense attorneys will challenge this element anyway, forcing the prosecution to actually prove the commerce connection rather than just assuming it. In older ammunition—particularly ammunition manufactured before 1968 or inherited from a family member—the government might actually have trouble proving the commerce chain.

But interstate commerce is just the jurisdictional question. The more practical question is: why did federal prosecutors decide to charge you instead of leaving it to state authorities? This decision involves ATF involvement and prosecutorial discretion, and understanding it can actually give you some leverage.

Here’s generally what happens: Local police or sheriffs make an arrest and discover ammunition during a search. They send the ammunition to ATF for testing and analysis. ATF determines whether the ammunition meets the federal definition of armor-piercing. Then the case gets reviewed by the local U.S. Attorney’s Office to decide whether to adopt it for federal prosecution. This review process usually takes 30-60 days.

Federal prosecutors typically adopt ammunition cases when:

• The defendant has prior felony convictions (turning it into a felon-in-possession case plus armor-piercing ammunition)
• The ammunition was connected to drug trafficking or other serious crimes
• Large quantities were involved, suggesting distribution or trafficking
• The defendant made statements suggesting intent to harm law enforcement
• The ammunition was discovered with other illegal weapons

Federal prosecutors are more likely to decline or send back to state court when:

• Its simple possession of a small quantity
• The defendant has no criminal history and appears to be a collector or sportsman
• The ammunition’s legal status is ambiguous (gray area cases)
• The ammunition was inherited or obtained unknowingly
• State charges are already proceeding and are sufficient

This means your case wasn’t inevitably going to be federal. Someone made a decision based on the facts and circumstances. Understanding why they made that choice can help you or your attorney negotiate a better outcome—or even get the case declined for federal prosecution.

One more thing you need to know: dual sovereignty means you can be prosecuted by both state and federal governments for the same conduct. The Fifth Amendment’s Double Jeopardy Clause doesn’t prevent this because states and the federal government are considered separate sovereigns. So even if you were acquitted in state court, federal prosecutors could still charge you. And if you were convicted in state court, that conviction can be used to enhance you’re federal sentence.

This is why timing matters alot in these cases—accepting a state plea deal before federal review might prevent federal charges altogether, or it might give prosecutors ammunition (sorry) to argue for a harsher federal sentence.

What Are You Actually Facing? Federal Charges and Real Penalties

Okay, so lets talk about what your actually charged with and what that really means for you. The fear and uncertainty is probly the worst part—you don’t know if your facing 5 years or 20 years or life in prison. The “cop killer bullet” label makes it sound like a murder charge.

So lets break down the actual statutes, the penalties, and what people in situations like yours typically face.

The main federal statutes for armor-piercing ammunition are:

• 18 U.S.C. § 922(a)(7) – Makes it unlawful to manufacture, import, sell, or deliver armor-piercing ammunition. The penalty is up to 5 years in federal prison.
• 18 U.S.C. § 922(a)(8) – Makes it unlawful to manufacture or import armor-piercing ammunition. Also carries up to 5 years.

Notice that neither statute explicitly criminalizes simple possession of armor-piercing ammunition. However, if you possessed it with intent to distribute, or if your a prohibited person (convicted felon, domestic violence misdemeanor, etc.), additional charges come into play. If your charged under 18 U.S.C. § 922(g) as a prohibited person in possession of ammunition, the penalties are potentially higher—up to 10 years—and thats often stacked with the armor-piercing ammunition charge.

But here’s what nobody tells you in the charging documents: the statutory maximum is not what people actually get sentenced to. This is crucial.

The statute might say “up to 5 years” or “up to 10 years,” but actual sentences in federal court are determined by the Sentencing Guidelines, which are way more complicated and—honestly—usually result in lower sentences then the statutory maximums.

For a typical armor-piercing ammunition offense, the base offense level under the Sentencing Guidelines is around 14-18, depending on the specific facts. If you have no criminal history, your in Criminal History Category I. Let me give you a real-world example: base offense level of 16, Criminal History Category I, with a 3-level reduction for acceptance of responsibility (meaning you plead guilty and accept the plea deal), puts you in a guideline range of about 10-16 months. And for first-time offenders with no violence, judges often give probation or time-served instead of additional prison time.

According to data from the U.S. Sentencing Commission, the median sentence for firearms offenses in recent years has been around 60 months (5 years), but thats across all firearms offenses including serious trafficking cases. For simple ammunition possession by someone with no record, sentences are way lower—often probation or less then 2 years.

That said, there are factors that make sentences worse:

• Prior felony convictions – Each prior felony conviction adds points to your Criminal History Category, which dramatically increases your guideline range. A Category III or IV defendant might face 3-5 years even with acceptance of responsibility.
• Large quantities – Possessing hundreds or thousands of rounds suggests distribution, which increases the offense level.
• Connection to drug trafficking – If the ammunition was discovered during a drug investigation, expect the guidelines to be enhanced significantly.
• Use or possession during another crime – If you had the ammunition while committing another federal offense, the sentences stack.
• Lying to federal agents – If you made false statements during the ATF interview, that can be charged seperately under 18 U.S.C. § 1001 and add 2 offense levels for obstruction of justice.

And their are factors that make sentences better:

• No criminal history – Being a first-time offender is the single biggest factor in your favor.
• Small quantity – A few rounds found in your home is way different from crates of ammunition.
• Collector or sportsman status – Evidence that your a legitimate gun collector or hunter helps show lack of criminal intent.
• Inherited or obtained unknowingly – If you can show you didn’t know the ammunition was illegal (grandfather’s estate, purchased from dealer who said it was legal), that helps on the mens rea element.
• No connection to violence – If there’s no evidence you intended to use the ammunition harmfully, judges are more lenient.
• Acceptance of responsibility – Pleading guilty and not forcing the government to trial gets you a 3-level reduction, which is huge—typically 30-40% reduction in sentence.

Look, I’m not gonna sugarcoat this—federal charges are serious, and even probation comes with strict conditions. But the reality is that most people in you’re situation don’t get the maximum sentence. The system does differentiate between someone who’s trafficking armor-piercing rounds to criminals and someone who had a box of steel-core hunting ammunition they didn’t even know was problematic.

The key is understanding where you fall on that spectrum and presenting your case accordingly.

And thats where defense strategy becomes critical.

Defense Strategies That Actually Work in Armor Piercing Ammunition Cases

So can you beat this charge? Or at least reduce it to something more managable?

The answer depends on the specific facts of you’re case, but their are several defense strategies that have worked in real-world ammunition prosecutions. Some of these are technical legal defenses, some are factual defenses, and some are strategic approaches to plea negotiations.

Lets go through them.

Technical Defenses: Challenge Whether the Ammunition Actually Meets the Statutory Definition

This is probly the strongest defense if it applies to your case. Remember, the federal statute has a very specific definition of armor-piercing ammunition based on core composition and weight. The government has to prove—beyond a reasonable doubt—that your ammunition meets that definition.

And that ain’t always as easy as it sounds.

Independent ballistics testing is critical. The ATF will test your ammunition to determine the composition of the projectile core. But here’s the thing—ATF testing sometimes consumes the entire sample. If they use up all the ammunition in their testing, you don’t have anything left for your own expert to test. This is why your attorney needs to file a motion for preservation of evidence and for a sample to be set aside for defense testing immediately.

I’ve seen cases dismissed because the government consumed all the evidence and couldn’t provide a sample for defense examination.

Once you have you’re own ballistics expert test the ammunition, they might find that:

• The core doesn’t contain any of the restricted materials (its lead or copper, not steel or tungsten)
• The core contains restricted materials but they don’t make up more then 25% of the projectile weight (failing the weight requirement)
• The ammunition can’t be fired from a handgun (making it exempt as rifle ammunition)
• The ammunition qualifies for the sporting purposes exemption

Any one of these findings can defeat the charge entirely. And even if the testing confirms the ammunition technically meets the definition, the fact that you challenged it with expert testimony shows the jury (or judge) that this is a close call, not a clear-cut case of illegal ammunition.

Another technical defense involves the “designed for” versus “capable of” distinction. The statute requires that the ammunition be designed to penetrate armor, not just incidentally capable of penetrating it. Legislative history shows Congress was targeting handgun ammunition specifically marketed as “cop killers”—rounds designed with the intent of defeating law enforcement body armor.

Many rifle rounds can penetrate soft body armor, but they weren’t designed for that purpose—they were designed for hunting large game or for military applications where armor penetration was a secondary characteristic.

Expert testimony on the manufacturer’s design intent—what the ammunition was actually created for—can establish that it doesn’t meet the statutory definition even if testing shows it can penetrate armor. This defense has worked in several circuit courts.

Knowledge and Intent Defenses: You Didn’t Know the Ammunition Was Illegal

Federal firearms crimes typically require that you “knowingly” violated the law. With ammunition, this gets murky real fast.

Ammunition boxes aren’t labeled “THIS IS ARMOR-PIERCING AMMUNITION—ILLEGAL UNDER FEDERAL LAW.” Even experienced gun dealers sometimes don’t know what qualifies as armor-piercing under the specific statutory definition.

So how are regular gun owners supposed to know?

If you purchased the ammunition from a dealer who told you it was legal, if you inherited it from a family member, if you bought it at a gun show where the seller represented it as standard hunting ammunition—these facts support a lack of knowledge defense. You didn’t knowingly possess illegal ammunition; you thought you had legal sporting ammunition.

This defense is even stronger if the ammunition’s legal status was unclear at the time you acquired it. Remember how the ATF nearly banned M855 green tip in 2015 but then reversed course after public comment? If you purchased ammunition during a period when the exemption status was uncertain, how were you supposed to know whether it was legal? Good faith reliance on ATF guidance—or on the representations of a licensed dealer—can negate the willfulness element of the offense.

Prosecutors hate these cases because they know juries are sympathetic to the “I didn’t know” defense when the law is genuinely confusing.

This is why they often offer generous plea deals rather then take the risk at trial.

Possession Defenses: It Wasn’t Actually Yours

If the ammunition was found in a location you had access to but didn’t exclusively control—like a shared garage, a vehicle with multiple occupants, or a house where other people live—you can challenge whether the government can prove you knowingly possessed it. This is called constructive possession, and its harder for prosecutors to prove then actual possession.

The government has to show that you knew the ammunition was their and that you had dominion and control over it. If the ammunition was in a closet in a house with three other adults, whose was it? If there’s no fingerprints on the boxes or the ammunition itself, how do they prove it was yours?

If the ammunition was their when you moved into the residence (inherited from previous owner or discovered in the attic), can they really prove you knowingly possessed it?

In cases with multiple defendants, sometimes one person claims ownership of the ammunition to exonerate the others. This happens more then you’d think, especially in family situations where a father doesn’t want his kids charged.

Procedural and Constitutional Defenses

Their are also procedural defenses that challenge how the evidence was obtained or how the case is being prosecuted:

• Interstate commerce element not proven – Force the government to actually prove the ammunition traveled in interstate commerce. For old ammunition or ammunition inherited from family, this can be difficult for them to establish.
• Fourth Amendment search and seizure issues – If the ammunition was discovered during an illegal search, it should be suppressed. Was the search warrant valid? Did police exceed the scope of the warrant? Did they have probable cause?
• Chain of custody problems – If the ammunition was tested months after seizure and there’s gaps in the chain of custody, you can challenge whether the ammunition tested is actually the same ammunition seized from you.
• Post-Bruen Second Amendment challenges – This is cutting-edge and not yet resolved, but after the Supreme Court’s decision in New York State Rifle & Pistol Ass’n v. Bruen (2022), their are emerging challenges to ammunition restrictions based on historical tradition. The Bruen framework requires the government to show that ammunition regulations are consistent with the nation’s historical tradition of firearms regulation. Some defense attorneys are arguing that their weren’t comparable ammunition restrictions at the founding or during Reconstruction, which means modern restrictions may be unconstitutional. Even if this argument doesn’t win at trial, it preserves the issue for appeal and can influence plea negotiations.

Strategic Approaches to Plea Negotiations

Now lets talk strategy. Even if you have defenses, going to trial is expensive and risky. The government wins about 90% of federal criminal trials. So most cases end in plea agreements, and knowing how to negotiate effectively is crucial.

Here’s what prosecutors don’t want you to know: they hate losing “cop killer bullet” cases. The terminology is so inflammatory that if they lose at trial on a technicality—jury finds the ammunition didn’t meet the statutory definition, or finds you didn’t know it was illegal—it’s politically embarrassing. Local news might cover it as “Feds Lose Cop Killer Case on Technicality.”

That’s bad for the U.S. Attorney’s Office.

This creates leverage. If your attorney can show that the case is close on the technical definition, that you have a sympathetic story (collector, inherited ammunition, purchased from dealer who said it was legal), and that you’re willing to go to trial, prosecutors often offer generous plea deals to avoid the risk.

Common plea negotiations include:

• Reducing the armor-piercing charge to a generic 18 U.S.C. § 922 violation (possession of ammunition by prohibited person, or unlicensed dealer)
• Dismissing the ammunition charge in exchange for cooperation on a bigger investigation
• Offering probation or time-served if you’ve been in pretrial detention
• In border districts, offering “fast track” programs where pleading guilty immediately gets you a 3-level sentencing reduction

Another angle: prosecutorial economics. Federal prosecutions are expensive. Cases that require extensive ballistics testing, multiple expert witnesses, and complex legal briefing consume significant U.S. Attorney resources. If your case requires the government to test every single round individually (not just sampling), hire their own expert witnesses to rebut your experts, and brief complex constitutional issues, they might decide its not worth the resources for a simple possession case.

Your attorney can make the case more expensive for the government through aggressive discovery requests and motion practice, which creates pressure to resolve the case favorably.

When to Fight vs. When to Fold: Cost-Benefit Analysis

So when does it make sense to go to trial, and when should you accept a plea?

This is a personal decision, but here are some factors to consider:

Fight if:

• Your ammunition clearly doesn’t meet the statutory definition and you have expert testimony to prove it
• You have strong evidence you didn’t know it was illegal (purchased from dealer with receipt, inherited from family with documentation)
• The search that discovered the ammunition was probably illegal
• You’re facing stacked charges (felon in possession + AP ammo) and beating the ammo charge significantly reduces your exposure
• You have no criminal history and the worst case scenario at trial is probation or low guideline range
• The plea offer isn’t significantly better then what you’d get if convicted at trial

Consider pleading if:

• The ammunition clearly meets the definition and you don’t have strong defenses
• You’re getting a substantial reduction (AP charge dropped to lesser charge)
• You’re facing serious prison time if convicted but getting probation with the plea
• You have prior convictions that make trial incredibly risky
• The cost of trial (attorney fees, expert witnesses) would be financially devastating
• You’re in pretrial detention and the plea offer is time-served

And here’s something prosecutors won’t advertise: if your a first-time offender with no violence and the ammunition was clearly obtained innocently, sometimes the best strategy is to wait. Not every case that’s charged ends up being prosecuted.

U.S. Attorneys sometimes decline cases after initial charging if they realize the case is weak or not worth the resources. Your attorney can present a declination memo arguing why the case shouldn’t be prosecuted, and sometimes—not always, but sometimes—the government agrees.

The First 72 Hours: What You Must Do Right Now to Protect Yourself

Okay so lets say you’ve just been arrested, or you know charges are coming.

What do you do right now?

The first 72 hours are absolutely critical, and mistakes made in this window can destroy your case before it even starts. Here’s exactly what you need to do (and what not to do).

Immediate Steps After Arrest: Shut Up and Lawyer Up

Do not speak to ATF, FBI, or any federal agents without an attorney present. Period.

I don’t care how friendly they seem, I don’t care if they say cooperation will help you, I don’t care if they promise to “put in a good word” with the prosecutor.

Don’t. Talk. To. Them.

Federal agents are trained interrogators, and they’re very good at getting people to make incriminating statements. They’ll tell you things like “we just want to hear you’re side of the story” or “this will go better for you if you cooperate now.” They’re not lying exactly—cooperation can help—but you can’t evaluate whether cooperation makes sense without first talking to an attorney who understands the case against you.

When they approach you, here’s what you say: “I’m invoking my right to remain silent and my right to an attorney. I won’t answer any questions without my lawyer present.”

Say it clearly. Say it unambiguously.

Then—and this is the hard part—actually remain silent. Don’t explain why your invoking your rights. Don’t try to justify yourself. Don’t say “I didn’t do anything wrong.” Just invoke and stop talking.

Initial Appearance and Detention Hearing

If you’re arrested, you’ll have an initial appearance before a federal magistrate judge within 48 hours (usually within 24 hours). This is not a trial. This is where they read you your charges, inform you of your rights, and address detention.

The big question at initial appearance is whether you’ll be released on bond or detained pending trial. For firearms and ammunition cases, the government often argues for detention, claiming you’re a danger to the community. You’ll have a detention hearing within 3-5 days where the judge decides whether to release you and under what conditions.

At the detention hearing, factors the judge considers include:

• Your criminal history (or lack thereof)
• Ties to the community (job, family, how long you’ve lived their)
• Whether your a flight risk
• Whether you pose a danger to the community
• The nature of the charges

If you’re released, you’ll have conditions like surrendering any firearms, not leaving the district without permission, regular check-ins with pretrial services, and possibly electronic monitoring. Violating bond conditions can land you back in jail and make your case worse, so take them seriously.

Evidence Preservation: Don’t Touch Anything

If you haven’t been arrested yet but you know your under investigation, or if their’s still ammunition or evidence at your property: don’t touch it, don’t move it, and definitely don’t destroy it. Destruction of evidence is a separate federal crime, and even if you think your “cleaning up” or “disposing of illegal items,” it will be characterized as obstruction of justice.

Also—and this is important—jails record all phone calls except calls with your attorney. That means anything you say to your spouse, your friends, your parents on the phone from jail can and will be used against you.

I’ve seen cases where defendants essentially confessed during recorded jail calls because they didn’t realize they were being recorded. The recording even tells you “this call is being recorded,” but people forget in the moment.

Don’t discuss your case on the phone. Don’t ask people to move evidence or lie for you. Don’t talk about what happened. Wait until you can meet with your attorney in person.

Don’t post on social media. Anything you post can be subpoenaed and used against you. Don’t explain your side of the story on Facebook. Don’t complain about the charges on Twitter. Don’t post photos with guns or ammunition even if they’re unrelated to your case.

Just stay off social media entirely until the case is resolved.

Don’t talk to other inmates about your case. Jails are full of people who will try to befriend you to get information they can trade to prosecutors for leniency in their own cases. The guy in the cell next to you who seems really sympathetic might be taking notes to give to the government.

Trust no one except your attorney.

Attorney Selection: Get Someone Who Knows Federal Firearms Cases

You need an attorney with experience in federal criminal defense, and ideally someone who’s handled firearms or ammunition cases specifically. This is not a case for your cousin who handles DUIs or your real estate lawyer. Federal court is a completely different animal then state court, and the stakes are way higher.

Private attorneys for federal cases are expensive. You’re looking at $15,000 to $100,000+ depending on the complexity of the case, the attorney’s experience, and whether the case goes to trial. Most require a retainer up front—often $25,000 to $50,000—with additional fees if the case goes to trial.

If you can’t afford a private attorney, you may qualify for a federal public defender. And here’s something people don’t realize: federal public defenders are actually very good. They’re not overworked state public defenders handling 200 cases at once. Federal defenders typically have manageable caseloads, significant resources for investigators and experts, and extensive experience with federal firearms cases.

Don’t assume you need to scrape together money for private counsel if you qualify for a federal defender—they may actually be a better option then a private attorney who doesn’t specialize in federal criminal defense.

To qualify for a federal public defender, you’ll fill out a financial affidavit showing your income, assets, and expenses. The court will determine if you qualify based on federal poverty guidelines.

Timeline Your Facing: Federal Cases Move Fast

Federal cases move way faster then most people expect. Here’s the typical timeline:

• Arrest to Initial Appearance: 24-48 hours
• Detention Hearing: 3-5 days after arrest
• Indictment: Usually within 30 days (if you’re arrested on a complaint, the government has to indict within 30 days or release you)
• Arraignment: Within days of indictment (you’re formally charged and enter a plea)
• Plea Negotiations: Typically 30-45 days after indictment
• Trial: The Speedy Trial Act requires trial within 70 days of indictment (though this deadline is often waived to allow more time for defense preparation)

This means you have about 30-60 days to make critical decisions about your case. That might sound like alot, but its not when you factor in attorney selection, evidence review, expert consultations, and plea negotiations.

Don’t wait. Act immediately.

Real-World Outcomes: What Actually Happens in These Cases

So what actually happens to people charged with armor-piercing ammunition offenses?

The outcomes vary widely based on the facts, but lets look at some common patterns.

Simple Possession, No Criminal History, Small Quantity

If your a first-time offender with no criminal history, and you were found with a small quantity of ammunition (less then 100 rounds) in you’re home with no evidence of distribution or trafficking, the typical outcome is probation or a plea to a reduced charge. Many of these cases result in declinations (government decides not to prosecute) or pleas to generic firearms violations with probation.

I’ve seen cases where collectors with vintage military ammunition were allowed to plead to unlicensed possession of ammunition, received probation, and the ammunition was forfeited but no prison time.

The key is presenting yourself as a law-abiding person who made an honest mistake, not a criminal threat.

Prohibited Person + Armor Piercing Ammunition

If you’re a convicted felon (or otherwise prohibited from possessing firearms or ammunition) and you’re caught with armor-piercing ammunition, the outcome is typically prison time. The combination of being a prohibited person under 18 U.S.C. § 922(g) plus possessing armor-piercing ammunition makes this a serious case in the government’s eyes.

That said, even in these cases, plea deals happen. Prosecutors might offer to drop the armor-piercing charge in exchange for a guilty plea to the 922(g) charge, which has a lower guideline range. Or they might offer a sentence at the low end of the guideline range (2-3 years instead of 5-7 years) if you cooperate or accept responsibility.

Trafficking and Distribution Cases

If you’re charged with manufacturing, importing, selling, or distributing armor-piercing ammunition—especially in large quantities or connected to gang activity or drug trafficking—expect significant prison time. These cases are treated as serious threats to public safety and typically result in guideline sentences of 5-10 years or more.

However, even trafficking cases can be negotiated down if you cooperate with investigators, provide information about suppliers or customers, or plead guilty early. Federal prosecutors value cooperation highly, and substantial assistance departures can reduce sentences by 50% or more.

Inherited or Collector Scenarios

Cases involving inherited ammunition or legitimate collector activity often result in favorable outcomes. I’ve seen cases where defendants inherited ammunition from a deceased family member (often a veteran) and had no idea it was federally restricted. When this fact pattern is clearly documented—estate paperwork, testimony from family members, no evidence of criminal intent—prosecutors often decline to prosecute or offer non-prosecution agreements where the ammunition is forfeited but no charges are filed.

If charges are filed, these cases almost always plead out to reduced charges with probation. The key is documenting the innocent acquisition and presenting evidence of legitimate collector activity (membership in collector organizations, participation in gun shows as a collector, correspondence about the historical value of the ammunition).

Trial Outcomes

Going to trial is risky—the government wins about 90% of federal criminal trials. But that 10% matters.

Trials on armor-piercing ammunition charges usually involve technical disputes about whether the ammunition meets the statutory definition. If you have strong expert testimony that the ammunition doesn’t contain the restricted materials or doesn’t meet the weight requirements, juries sometimes acquit.

I’ve also seen partial verdicts—guilty on some counts, not guilty on others—where the jury finds the defendant guilty of possessing some ammunition that met the definition but not guilty on other ammunition that was in a gray area.

Prosecutorial Declinations: When Cases Get Dropped

Not every case charged ends up being prosecuted. U.S. Attorneys sometimes decline cases after review because:

• The ammunition’s legal status is too ambiguous and they don’t want to risk losing
• The defendant has no criminal history and the case isn’t a good use of resources
• The interstate commerce element is weak and might not be provable
• There’s a strong defense on knowledge or possession
• State charges are already proceeding and federal charges are duplicative

Your attorney can submit a declination memo arguing why the case shouldn’t be prosecuted. These don’t always work, but they’re worth trying, especially in marginal cases.

Why This Charge Doesn’t Define You

Look—I get it. Being charged with possessing “cop killer bullets” feels like being labeled a monster. It’s stigmatizing and scary, and it makes you feel like everyone’s going to think your some kind of violent criminal who wanted to kill police officers.

But thats not who you are, and thats not what this charge actually means in most cases.

The reality is that federal ammunition regulations are complex and confusing, and alot of law-abiding gun owners, collectors, and hunters end up facing these charges without any criminal intent. The system—despite its flaws—does differentiate between people who are genuinely dangerous and people who made an honest mistake or didn’t understand the law.

With proper legal defense, many of these cases result in outcomes far better then you probably fear right now. Collectors get probation. Inherited ammunition cases get declined. Technical defenses win at trial. Plea deals reduce charges to lesser offenses. First-time offenders avoid prison.

I’m not saying this isn’t serious—it absolutely is. Federal charges are no joke, and you need to take this situation seriously and act quickly. But I am saying that this charge doesn’t define who you are as a person, and with the right approach, you can get through this.

The most important thing you can do right now is contact an attorney with experience in federal firearms and ammunition cases. Don’t wait. Don’t try to handle this yourself. Don’t talk to investigators without counsel.

Get someone who knows what their doing and can evaluate you’re specific situation.

This is defensible. Take action now.