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david8613

can someone clear up the issues with hollow points?

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Hollow points are illegal to possess unless they are possessed within certain exemptions in the law. Those exemptions are while hunting, at a shooting range, driving to and from home and the range, driving to and from home and hunting grounds, driving home from the store, or while moving.

 

Also, if you commit a crime while in posession of the hollow points, it becomes a tack-on charge.

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They would be "illegal" in a CCW weapon, except you rarely will find anyone with a CCW permit anyway. Perhaps Armored Car personnel while on duty would be one that comes to mind (or P.I.s) as not being able to use them in their weapons? But otherwise very legal to own, purchase, transport and have at home for home defense or transporting them to a range etc, or to back home etc.

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They would be "illegal" in a CCW weapon, except you rarely will find anyone with a CCW permit anyway. Perhaps Armored Car personnel while on duty would be one that comes to mind (or P.I.s) as not being able to use them in their weapons? But otherwise very legal to own, purchase, transport and have at home for home defense or transporting them to a range etc, or to back home etc.

 

Well not exactly. They are illegal except.........

 

Not legal in all cases except. Big difference.

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Hollow points are illegal to possess unless they are possessed within certain exemptions in the law. Those exemptions are while hunting, at a shooting range, driving to and from home and the range, driving to and from home and hunting grounds, driving home from the store, or while moving.

 

Also, if you commit a crime while in posession of the hollow points, it becomes a tack-on charge.

 

While not explicitly listed in the above (but can be inferred by the driving/to items)... they are also legal to have at home, and can be used in home defense... just don't step outside your home.... (other than as mentioned above)

 

TheWombat

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Doesn't that go for any gun and any ammo in NJ? The whole "castle" law, or lack of it here in NJ?

 

No, because Long guns are different in NJ. You can, by law, just drive around with an unloaded long gun as long as you have an FID. How practical it is, is a different story.

 

As far as ammo, there are no laws that say you cannot drive around with 100 boxes of 9mm in your car, same as loaded magazines.

 

Hollow point ammo is different in that it is illegal except for.... (as described above). Regular FMJ, Plated, etc is perfectly legal to have and do as you please.

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2C:39-3 Prohibited weapons and Devices

 

f.tab.gifDum-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, or (2) any person, other than a collector of firearms or ammunition as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) and has in his possession a valid Collector of Curios and Relics License issued by the Bureau of Alcohol, Tobacco and Firearms, who knowingly has in his possession any body armor breaching or penetrating ammunition, which means: (a) ammunition primarily designed for use in a handgun, and (b) which is comprised of a bullet whose core or jacket, if the jacket is thicker than.025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale, and © is therefore capable of breaching or penetrating body armor, is guilty of a crime of the fourth degree. For purposes of this section, a collector may possess not more than three examples of each distinctive variation of the ammunition described above. A distinctive variation includes a different head stamp, composition, design, or color.

 

g. Exceptions

(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, nor shall subsection f. (1) be construed to prevent any licensed retail or wholesale firearms dealer from possessing such ammunition at its licensed premises, provided that the seller of any such ammunition shall maintain a record of the name, age and place of residence of any purchaser who is not a licensed dealer, together with the date of sale and quantity of ammunition sold.

 

Hollowpoints are good to go on any land owned by you, in your home or otherwise, or while being transported between any land owned by you (2C:39-3g). They are also good to go anywhere handguns are good (2C:39-3f).

 

Note, 2C:39-3f(2) is NOT exempted and AP handgun ammo is illegal everywhere except military/LEO, when explicitly authorized to possess said ammo. But then again AP handgun ammo is illegal under federal law too, so that's a non-issue.

 

 

Insert standard not legal advice clause here.

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While not explicitly listed in the above (but can be inferred by the driving/to items)... they are also legal to have at home, and can be used in home defense... just don't step outside your home.... (other than as mentioned above)

 

TheWombat

 

I don't believe thats an accurate statement. If I am allowed to carry a handgun on my own property, outside my home yet still on my property, wouldn't that also apply to hollowpoints too? We had another thread (that I started) just about this subject, and everyone agreed it was totally legal to posess and carry on your own property.

 

g. Exceptions

(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,

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Hollow points may be possessed in the same places you may possess a handgun. Think of them as tiny little boxes of handguns and treat them the same way you treat your handguns.

Excellent and simple way to describe and remember it.

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No, because Long guns are different in NJ. You can, by law, just drive around with an unloaded long gun as long as you have an FID. How practical it is, is a different story.

 

As far as ammo, there are no laws that say you cannot drive around with 100 boxes of 9mm in your car, same as loaded magazines.

 

Hollow point ammo is different in that it is illegal except for.... (as described above). Regular FMJ, Plated, etc is perfectly legal to have and do as you please.

 

This is something I never knew. So if I understand correctly... I could keep an unloaded long gun in my trunk say on the way to work or on a joy ride? And by unloaded clearly that means the gun itself isn't loaded, but could I have ammo secured seperately from the long gun in the trunk? (i.e. the same way I would transport a handgun and ammo to the range)

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This is something I never knew. So if I understand correctly... I could keep an unloaded long gun in my trunk say on the way to work or on a joy ride? And by unloaded clearly that means the gun itself isn't loaded, but could I have ammo secured separately from the long gun in the trunk? (i.e. the same way I would transport a handgun and ammo to the range)

 

This is correct, however the gun just needs to be unloaded, there is no need for the ammo to be "secured" separately from the gun.

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It's called "Plan B" and is practiced by an ever-growing number of PRNJ residents.

Empty mags eliminate the chance of being charged with a "loaded gun(part)"

(Stripper clips are the quickest way to load AR-type mags.)

 

The legal situation changes when G-d forbid you find yourself in need of Plan B and load the mags and ready the weapon.

But if it comes to a choice between life or death, I'll choose life and deal with the legal issues afterwards.

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I can see you've never been to the PRNJ School of Creative Prosecution

 

According to Evan Nappen, a mag is a gun part.

Ammo in a mag could be construed (for arrest purposes) as ammo in a gun

 

In contrast, stripper clips are never part of the gun

Same with speed loaders

 

Rule of thumb:

Give a PRNJ Prosecutor an inch and he'll stick it up your a$$

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I can see you've never been to the PRNJ School of Creative Prosecution

 

According to Evan Nappen, a mag is a gun part.

Ammo in a mag could be construed (for arrest purposes) as ammo in a gun

 

In contrast, stripper clips are never part of the gun

Same with speed loaders

 

Rule of thumb:

Give a PRNJ Prosecutor an inch and he'll stick it up your a$$

 

Wrong, wrong, wrong. Please stop furthering this MYTH.

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I travel to the range with my speedloaders, moon clips, and magazines loaded, in a seperate case from my handguns. Both cases are side by side in the trunk of my car, or the handgun case is in the tool box (locked) in the bed of my pickup and the ammo case is in the back seat. if that isn't sufficient please bring me cookies and visit me in jail, I'm not changing that routine!

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It's called "Plan B" and is practiced by an ever-growing number of PRNJ residents.

Empty mags eliminate the chance of being charged with a "loaded gun(part)"

(Stripper clips are the quickest way to load AR-type mags.)

 

The legal situation changes when G-d forbid you find yourself in need of Plan B and load the mags and ready the weapon.

But if it comes to a choice between life or death, I'll choose life and deal with the legal issues afterwards.

Oh for God's sake... not this myth again. at the risk of repeating the obvious...... Sir, please find,print,quote one documented instance where a resident on NJ has been arrested,charged and/or prosecuted for transporting a loaded mag apart from the firearm....take your time we'll wait.

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njJoniGuy was explaining what Nappen has said. I also can concur what he has said. It is up to the individual whether he wants to load his mags or not. The law does not say that a loaded magazine is a loaded gun, nor did njJoniGuy.

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first time I went the range with my new pistol I had loaded mags and I was scolded by the range master, never did it again... I look at it this way, if I load my mags at the range, more time at the range... no biggie to me.

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While not explicitly listed in the above (but can be inferred by the driving/to items)... they are also legal to have at home, and can be used in home defense... just don't step outside your home.... (other than as mentioned above)

 

TheWombat

 

Or get caught illegally protecting yourself in your own home...

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