New jersey law on ammo - definitive!

[njlawman]

So much has been said (and assumed) on this board and others that I felt compelled to register for a membership and post about hollow point/dum dum restrictions in NJ. Hopefully this will answer questions you may have. The source is New Jersey State Police Ballistics Unit, any questions, give a call:
(609) 584-5051 ext 5815

-It is legal to own and store hollow point ammunition in your home
-It is legal to purchase hollow point ammunition in a store
-It is legal to transport hollow point ammunition to range for sporting use (and for that matter in most hunting situations)
-It is legal to purchase, own and use Corbon Powerball, Hornady Critical Defense and Federal EFMJ (including Federal LE EFMJ +P loads) at range and in personal defense situations in home pursuant to NJ state law on use of force in home defense situation
-NJSP ballistics unit does not consider the rounds mentioned above as hollow point or dum dum bullets and will testify as such if required

-It *may* be illegal to *use* hollow point bullets in a home defense situation, however, this is a gray area. NJSP will not make an arrest higher than 4th degree in this circumstance and if not associated with another unlawlful act will likely not make an arrest at all. However, should criminal or civil charges be pursued by gunshot victim at later date, you may be liable and charged with use.

Recommendation for home defense rounds are the 3 bullets aforementioned. Furthermore, for what it is worth, ballistics expansion tests (for size and consistency each time), penetration results (to FBI guidelines at least 12") and feed reliability suggest the Federal EFMJ 124 +P (for 9mm) be the round of choice. The Corbon Powerball often is seen breaking up and separating and the Critical Defense round is simply too light (along with Federal EFMJ 105-115gr)

 

[mljdeckard]

That's....a whole lot of grey area. I think it's appallingly poor law. A lot of 'maybes' don't give citizens a lot of assurance. And those maybes are only as solid as the court it is in front of.

 

[Murphy4570]

As a NJ resident, that law is the reason why I have nothing but regular ball ammo.

Can't charge me with a felony for each bullet if I don't have any hollowpoints.

 

[NavyLCDR]

Thank you, njlawman for the informative post. I do have one question.... how can the answer be definitive with no reference to any actual statute given?

 

[NG VI]

How can it be definitive if it doesn't definitively answer people's most important question- Will I be charged with a crime for using the best available conventional ammunition to protect my own life during a violent event, in which I otherwise committed no crime?

Another variant on that, why and would I be charged with a crime for owning and using ordinary ammunition?

 

[NavyLCDR]

-It *may* be illegal to *use* hollow point bullets in a home defense situation, however, this is a gray area. NJSP will not make an arrest higher than 4th degree in this circumstance and if not associated with another unlawlful act will likely not make an arrest at all. However, should criminal or civil charges be pursued by gunshot victim at later date, you may be liable and charged with use

And that meets the definition of definitive?!? How about the statute:

2C:39-3. Prohibited weapons and devices
2C:39-3. Prohibited Weapons and Devices.
f.Dum-dum or body armor penetrating bullets. (1) Any person, other than a law enforcement officer or persons engaged in activities pursuant to subsection f. of N.J.S.2C:39-6, who knowingly has in his possession any hollow nose or dum-dum bullet

(2) a. Nothing in subsection f. (1) shall be construed to prevent a person from keeping such ammunition at his dwelling, premises or other land owned or possessed by him, or from carrying such ammunition from the place of purchase to said dwelling or land

FIRST - exactly where in the statute is "using" hollow point ammunition prohibited? The statute only prohibits possession, not using. Show me the statute that prohibits "using."

SECOND - possession of hollow point ammunition is specifically allowed at a person's dwelling, premises or other land owned or possessed by him.

So... exactly what statute could a person possibly be convicted of if he lawfully uses hollow point ammunition at his dwelling, premises or other land owned or possessed by him?!? There is no statute making it illegal to use hollow point ammunition, and there is a specific exemption for possessing the ammunition if you are on your own land.

 

[NG VI]

LCDR. With the truly definitive win.

 

[Bonesinium]

And that meets the definition of definitive?!? How about the statute:



FIRST - exactly where in the statute is "using" hollow point ammunition prohibited? The statute only prohibits possession, not using. Show me the statute that prohibits "using."

SECOND - possession of hollow point ammunition is specifically allowed at a person's dwelling, premises or other land owned or possessed by him.

So... exactly what statute could a person possibly be convicted of if he lawfully uses hollow point ammunition at his dwelling, premises or other land owned or possessed by him?!? There is no statute making it illegal to use hollow point ammunition, and there is a specific exemption for possessing the ammunition if you are on your own land.

What the statues say and what a prosecutor in NJ is likely to do are two different things. What I believe the OP is trying to say, is that if you follow what the NJSP firearms division says, then they may be willing to testify on your behalf. If you do use hollow points, you have less defense. Certainly it is not definitive. He also said "-It *may* be illegal to *use* hollow point bullets in a home defense situation, however, this is a gray area", asterisks and all. So sure, saying it was "definitive!" was misleading, but that doesn't mean his post didn't have value.

 

[njlawman]

gang, let me clarify...

the first part of post was supposed to be the definitive part: the 3 types of ammo I mentioned CAN be USED IN HOME DEFENSE SITUATION, are NOT considered hollow point or dum dums and comply with the statutes...these have been the points of debate in the past for fellow NJ gun owners as most people do not want to use FMJ. i myself agree our laws are nuts when it comes to ammo and guns in general. from a ballistics point of view in NJ, the 3 loads i mentioned comply says head of ballistics NJSP.


i added the part about hollow points as an FYI since people usually complain about this area. you can own, store, transport and shoot in sports settings. home use more gray - but NOT gray for above alternative forms of ammo--which has been debated in the past.

this post was meant to end debate for questions about the decent HP alternatives...

also, even found using HP in an unlawful setting, max is 4th degree.

you can call the numnber listed or i'll be happy to PMbadge # if you like.

 

[Strykervet]

Wow, do they tell you what kind of cereal to have with your milk, or by law does it have to be the milk that goes with your cereal and the other way around...

I'm kind of confused, the Hornady round IS a hollowpoint, it is basically an XTP with a plastic plug. But I guess this is what you get when you let the anti's write your laws for you. I'm guessing you have capacity laws too.

 

[guyfromohio]

New Jersey hollowpoints will kill you 96% deader than ball ammo. And have been proven to cause more discomfort during the dying process.

 

[NG VI]

I'm kind of confused, the Hornady round IS a hollowpoint, it is basically an XTP with a plastic plug. But I guess this is what you get when you let the anti's write your laws for you. I'm guessing you have capacity laws too.

So is the Pow'rball.

 

[Birch Knoll]

Wow, do they tell you what kind of cereal to have with your milk, or by law does it have to be the milk that goes with your cereal and the other way around...

Actually, New Jersey did institute a regulation banning runny eggs. And self-service gas pumps are not permitted.

 

[bushmaster1313]

Wow, do they tell you what kind of cereal to have with your milk

They let us have cereal?

 

[bhesler]

NJ has a different way of classifying crimes, (not using Felony or Misdemeanor). As far as I can tell, a "crime" in NJ is equal to a felony, and a "disorderly persons offense" is equal to a misdemeanor.

From http://www.nj-defense-lawyer.com/njcriminalcharges.htm

"If you are found guilty of a fourth/4th degree criminal offense in NJ, the range of possible penalties is from non-custodial probation to up to 18 months in prison."

So, you can buy, own, hunt with, and shoot paper targets with hollow point ammunition, but if you use it for self defense in your home, you might a have committed a felony.

 

[mortablunt]

Quote:
I'm kind of confused, the Hornady round IS a hollowpoint, it is basically an XTP with a plastic plug. But I guess this is what you get when you let the anti's write your laws for you. I'm guessing you have capacity laws too.

So is the Pow'rball.

The only firearms thing they can do which is not regulated is think about firearms.

 

[hermannr]

Thank you very much njlawman. Having been stationed at Ft Monmouth years ago, I know NJ law is much different than what I am used to out here in WA. It is interesting to hear this.

However, because of the "very strange to me" laws in NY, NJ and MA, I do my utmost to keep any travel through those states at an absolute miminum. too bad too, I think NJ is a very pretty state, that just does not want me to stop and spend my tourist dollars.

 

[Loosedhorse]

-It is legal to purchase, own and use Corbon Powerball, Hornady Critical Defense and Federal EFMJ (including Federal LE EFMJ +P loads) at range and in personal defense situations in home pursuant to NJ state law on use of force in home defense situation
-NJSP ballistics unit does not consider the rounds mentioned above as hollow point or dum dum bullets and will testify as such if required

Interesting. The statute, as you know says that the law applies to "any hollow nose or dum-dum bullet." I was in a gun store in NJ. Didn't look at the ammo too closely, but I did see a lot of Critical Defense boxes (not sure about Pow'rball and EFMJ), so I guess now I know why.

What about rifles? Is a .223 HP illegal in the same situations a handgun HP would be illegal, but a .223 polymer-tip HP okay? (Or is it, who the heck knows?)

 

[natman]

Sounds like it's time for a 12 ga with 00 buck. I presume that's OK.

 

[Loosedhorse]

Maybe make that 00 copper-plated?

 

[IMTHDUKE]

They let us have cereal?

Absolutely not!!!!!!!! Not in NJ.....too many cereal killers out there.

 

[Dain Bramage]

So, this illustrates the folly of asking cops what is legal. Anyone think about asking the NJ AG?

 

[Colonel]

NJ's view of the two basic types of rifle/handgun ammunition:

Expanding/SP/HP: "Omigawd this stuff EXPLODES when it hits and will SEVER LIMBS if fired within two zip codes!!!!! OUTLAWR IT!!!!!!!!!!!"

Non-expanding/FMJ/AP: "Omigawd this stuff shoots through TANKS at 3 miles ... COP KILLER!!!!!! OUTLAWR IT!!!!!!!!!!"

 

[Keb]

Gotta tell a NJ story. It was 1998. Drove from Denver to Princeton and had trap shotguns in the trunk.
We went to a nearby shooting range and shot trap. I think we might have purchased 2 boxes of eight shot.

Upon leaving, the club attendant insisted on collecting back any unused shotgun shells!

 

[RatDrall]

NJSP ballistics unit does not consider the rounds mentioned above as hollow point or dum dum bullets and will testify as such if required

Good luck with that?