While it may be more difficult for the DA to prove a case without the actual gun, it doesn't stop them from trying. First of all, depending on your state, ammunition charges usually do not require that someone have the gun to accompany it. If ammunition is prohibited, you can be charged for that alone. Ultimately, if you proceed to trial, a jury will decide whether there is enough evidence to prove the charges. Sometimes circumstantial evidence is enough to prove that to them even in the absence of a the gun. Of course, I'm speaking generally-- you should consult with a defense attorney in your state to discuss the specific law that may apply to your case.

It may be illegal in your State to own ammunition.