What Is A Hollow Point Bullet?
Hollowpoint bullets are bullets that are characterized by a pit, or depression, in their tip. The cavity of the bullet may be filled or unfilled. Typically, a fuller depression will increase the expansion of the bullet on impact, causing greater damage. In law enforcement, the most common hollow point bullets are the jacketed hollowpoint. This type essentially involves wrapping a thin jacket of metal around the bullet, as opposed to coating the bullet with it.
Hollow point bullets are often used by hunters or sportsmen , for whom killing animals is the only goal. The hollow point bullets are tailored for taking game and disperses energy across a wide area.
Its most important use, however, is in defensive handguns. These bullets spread out upon impact, resulting in a bigger wound channel. This causes more damage to the body than a full metal jacket bullet, which usually enters and exits the body with little damage to the surrounding tissue.
Hollow point ammunition is not designed for every gun. In addition, some guns do not cycle hollow point bullets properly. For this reason, using hollow point bullets in revolvers is generally ineffective.
Guide To Firearm Laws In New Jersey
As part of a general overview of firearm legislation in New Jersey, it is important to take an in depth look at how the laws apply to ammunition and their intended uses. New Jersey criminal law defines a hollow point bullet as: "hollow point ammunition" means a projectile containing an interior cavity which expands or displaces upon impact with a target and which is designed and intended for use with a handgun or other firearm weapon; The cases on this issue, both at the state level and from the 3rd Circuit, indicate that even though the state has a legitimate purpose in regulating hollow points, there is no supporting law stating that they are necessarily illegal. In fact, New Jersey State v. Riddick, 131 N.J. 1 (1993) held as follows: A review of the legislative history of the statute convinces us that the objective of the Legislature is to prohibit the carrying of a hollow-point bullet in a firearm that is subsequently carried on a public road or to an automobile in which it is under the control or possession of the actor, without immediate, lawful defensive purpose. We agree with the reasoning of Judge Haber in holding that the "circular disclosure of the state’s purpose indicates that the Legislature intended to regulate the possession of hollow-nosed bullets in circumstances where there is only the potential for immediate harm by their discharge and to prevent the reckless or irresponsible use of a handgun with hollow-nosed bullets" (Slip op 9). An individual who possesses hollow-point bullets in a handgun for self-defense or other protective purpose is not engaged in unlawful conduct. Such a person may not possess the hollow-point bullets in an unlawful manner or for an unlawful purpose. Riddick is relevant because it highlighted the defensive, everyday purpose of hollow point bullets – self-defense. Any prosecution for possession of a handgun must be based on a possession that is illegal because the weapon itself is illegal. In spite of any intent to make hollow points illegal in the state of New Jersey, prohibition and even regulation of ammunition is prohibited in our state.
Restrictions Applicable To Hollow Point Bullets
Apart from the recognized general right to possess hollow point bullets for a variety of hunting or target practice purposes, the law in New Jersey’s legal system is littered with exceptions that restrict the use of hollow point bullets in many other contexts. To begin with, N.J.S. 2C:39-3(f), part of the New Jersey criminal code, defines a "hollow-nose bullet" as follows: "Hollow-nose bullet means any projectile containing an explosive substance and having a hollowed-out or partially hollowed-out tip."
Pursuant to N.J.S. 2C:39-5(f), possession of a weapon of this type is a third degree offense unless the possession meets certain exceptions. The following are some of those exceptions:
- (1) Occasions when a law enforcement officer ("LEO"), forester, or special agent of the State Division of Fish, Game and Wildlife, in the normal course of his/her duties as such, may possess hollow nose bullets.
- (2) Permits LEOs, including county sheriff and municipal police officers, members of the State Police, and members of the Federal Bureau of Investigation ("FBI") while actually on duty, entirely within the State of New Jersey, to carry hollow point bullets and hollow nose bullets in the firearms they are issued.
- (3) Permits a forester or special agent of the Division of Fish, Game, and Wildlife to use hollow point projectiles while engaged in investigating game law violations when the use of such projectiles is necessary to effectively enforce game laws.
- (4) Law enforcement and correctional facility personnel may use, for training purposes only, hollow point projectiles which shall not be, nor shall ever be, used in live fire exercises, in any other situations in which there is a possibility of jeopardizing public safety.
Hollow Point Bullet and Handgun Permits
A different set of rules regarding permit for permitting the use of hollow point bullets is set forth at N.J.S. 2C:58-3c, which states as follows:
Except as otherwise provided by law, the applicant for a Firearms Purchaser Identification Card or permit to carry a handgun shall not be required to demonstrate a justifiable need for the issuance of the permit but shall state whether or not he is seeking the license or handgun or handgun ammunition to carry hollow-nosed or dum-dum ammunition specifically designed to expand upon impact. No applicant shall be denied the license or permit to carry a handgun if the application shows a need to carry such ammunition.
The effect of this provision, however, is that if you apply for a gun permit or concealed carry permit, you may actually be required to provide sufficient proof that the hollowed type of bullet you plan to carry has some necessity to be used for the purposes described above, so that you will not be prevented from being issued such a permit.
Penalties Arising From A Violation Of The Statute
Federal law provides that the manufacture of hollow point bullets, as well as their importation into the country are legal. As such, the possession of hollow point bullets under federal law is generally permitted. Here in New Jersey, however, we have state laws that prohibit the possession and transfer of hollow point bullets. N.J.S. 2C:39-3(f) makes it a third degree felony to possess hollow point or dum dum bullets. The only exception to this rule is where the hollow points are being used for authorized target shooting or hunting activities. If you are caught possessing hollow point bullets, the penalty is three to five years in state prison.
It is important to note that the state does not care how many rounds you possess. If you are caught with any amount of hollow point bullets, you will be charged with a felony that carries a penalty of three to five years in prison.
The illegal possession of hollow point bullets is also a crime of the fourth degree. This incentivizes many judges to provide a downgrade to the charges if you have had no prior criminal history. As a crime of the fourth degree, you will not face more than eighteen (18) months in prison. This can sometimes be a benefit to you as if the case is eventually pursued by the U.S. Attorney´s Office for a violation of federal law, they do not prosecute crimes of the fourth degree in a federal court. Since it is a crime of the fourth degree, the case can be treated as a disorderly persons offense so long as you fall within the court treatment guidelines.
What Could Be A Legitimate Use Of A Hollow Point Bullet
There are several circumstances under which hollow point or dum dum bullets may be possessed in New Jersey – all but one of which are specific to law enforcement personnel. A person who is a duly appointed member of any of the following may possess or use dum dum bullets when on official business: (1) The Division of State Police and the State County Police officers; (2) Police officers of a municipality having a population of more than 250,000; (3) Sheriffs, undersheriffs, deputies of sheriffs and county detectives of counties of the first class of the State; (4) County College police officers of counties of the first class of the State; (5) County detectives of counties of the first class having more than 425,000 inhabitants of the State; (6) The chief of police, lieutenant, and captain of any municipality in this State having a population of over 95 , 000; and (7) The chief of police and one captain of police in a municipality in the State having a population of not less than 65,000 and not more than 70,000, at the effective date of this act. In addition, a person who is a duly appointed member of the police force of any county or municipality or of the police force of any State institution of higher education or State or local correctional police force may possess or use dum dum bullets for official purposes only when on official business. There is a provision for firearms training within law enforcement agencies that would also allow for possession of hollow point bullets during the training sessions. A duly appointed member of the State police or those of a municipality having a population in excess of 150,000 and officers of State and local correction facilities are authorized to use dum dum bullets in firearms training sessions.
Comparison To Similar States
When considering the legality of hollow point bullets within the context of New Jersey, its important to take into consideration the laws of other states as well. In fact, your attorney may be able to use the regulations of other states as leverage when defending you against NJ gun charges. So how do the rules within our state compare to those in other parts of the country or in the region?
The state of New York is similar to New Jersey in that it bans the possession of hollow point bullets outright, outside of very restrictive exemptions. New York Penal Law 265.20(2) states "[e]very person who shall manufacture, transport, dispose of or deal in armored piercing projectiles, hollow point projectiles or dum-dum projectiles, except as provided in this section, shall be guilty of a class D felony." A class D felony in New York is punishable by a period of 2-7 years in prison at the state level. The court may also impose a fine of up to $5000. On a practical level, the law in New York has been loosened a bit because "The New York State Division of Criminal Justice Services (DCJS) does not include handgun ammunition on the list of items prohibited from possession by New York State Corrections Law Section 400.00." Thus, in many cases, for purposes of criminal liability, the state of New York may simply treat hollow point bullets as restricted.
In contrast, Connecticut has much more liberal laws on the subject. Indeed, perorityous 53-202d, "A hollow point bullet or a dum-dum bullet" is included in the definition of a "machine gun" and is "any weapon or device capable of shooting more than one shot automatically without manual reloading, by a single function of the trigger." Furthermore, "a firearm or ammunition capable of discharging a ball [.36 inch] or larger caliber round with explosive or incendiary projectile, a bullet the shell of which contains explosive substance or incendiary agent, or a projectile containing armor-piercing materials" is included in the definition of a "semiautomatic firearm. Connecticut does ban armor piercing projectiles, but there would only be criminal liability on these grounds if it could be shown that the defendant possessed the bullets "for the purpose of using them for an unlawful purpose".
The Law As It Applies To You
When contemplating the legality of possessing or transporting bullets in New Jersey, one should first consider whether they are legally permitted to possess or transport a firearm. The possession of a firearm in the state of New Jersey without a proper permit is a serious criminal offense. In general, when it comes to possessing a Firearm in New Jersey, one of two things must happen. A person who is not a permitted FID cardholder must either possess a Handgun carry permit or a Permit to Purchase a Handgun in NJ. If the person wishes to carry a handgun legally, they are issued a carry permit for that purpose and they may also be allowed to purchase a handgun.
When it comes to transporting handguns and ammunitions such as Hollow Point Bullets , the individual must be in legal possession of the firearm and the ammunition. Further he or she must also be in possession of a valid NJ Firearms Purchaser Identification Card or a Permit to Carry Handgun. Exceptions to this law include (a) If the individual is not a permitted FID cardholder, and has the gun and hollow points only in transit from one location to another, in a closed container such as a travel case or gun range bag (b) where there is a need to possess hollow points in order to hunt or fish and the sportsman should have the valid permits and licenses necessary to do so. In general the best practice is to maintain your possession of all valid permits at all times. This would include your carry permit, the FID card and purchases permits.