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Pizza Bob

The (Hopefully) Definitive Post on Hollowpoint Transportation

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I decided that it would be best to start a separate thread to dispel any misinformation that arose from the earlier “Hollowpoint Transportation” thread. The main participants in the thread were Victor (vjf915), Dave (Smokin’ 50) and myself. After several hours of research, it turns out that we are all culpable – none of us intentionally meant to post bad info, it was just a by-product of trying to interpret the NJ statutes – we’ve all been there.

 

I’ll preface this by saying, put your mind at ease, transporation of hollowpoint ammunition is as we have always thought it was – with the recent, notable, added (or unrealized) prohibition of transporting HP ammo between residences when moving – which was the impetus for the initial thread. If that’s all you care about, you can stop reading now.

 

I have posted the relevant parts of the statutes below and in the body of this thread only refer to them by the callouts.

 

2C:39-3f is the statute that makes dum-dums, hollow nose and body armor penetrating bullets illegal. As we all know, NJ code is written in the reverse from most law, in that it prohibits everything and then grants exceptions to the prohibitions.

 

If we move further through the statutes we see that 2C39-3g is the statute that establishes exceptions to 2C:39-3f. However, the only exception listed relevant to civilians and transport is that we may possess said ammunition at our premises and we may transport same from point of purchase to our premises.

 

This is what has alarmed a number of people – myself included – that distinctly remember exceptions for transport to the range. To find the other exceptions, one must refer back to the original prohibitive statute (2C:39-3f), in which they refer you to another section of the statutes. I have highlighted that referral in red, in the statutes below.

 

It is in 2C:39-6 that we find the remaining exceptions.

 

Exception (1) is what gave Dave the impression he was covered, providing he belonged to a registered club. Partially true. It is not a blanket exception. It is only in force when he is transporting to or from said club for the purpose of target practice.

 

When you get further into these enumerated exceptions we see that (1) is really superfluous because it is included in the greater scope of exception (3)(b) – which is also highlighted in red below.

 

Taking these exceptions out of context is where the confusion (well some of it) entered the picture. Nowhere in those exceptions is ammunition mentioned. It is only when you refer to the original prohibitive statute (2C:39-3f) that we realize these exceptions are inclusive of the prohibited ammunition.

 

As an aside: This was probably why Nappen argued that the weapon transportation exceptions, which include an exception for moving between residences, should also apply to the ammunition. The judge felt otherwise.

 

Clear as mud, right? It gets real tricky when the exceptions aren’t listed consecutively to the statutes to which they apply, as was done in this case.

 

That is all.

 

Adios,

 

Pizza Bob

 

 

Relevant Statutes (to save you the trouble of finding them)

 

2C:39-3f

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, 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.

 

2C:39-3g

(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.

 

2C:39-6f

(1) A member of any rifle or pistol club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice, in going to or from a place of target practice, carrying such firearms as are necessary for said target practice, provided that the club has filed a copy of its charter with the superintendent and annually submits a list of its members to the superintendent and provided further that the firearms are carried in the manner specified in subsection g. of this section;

 

(2) A person carrying a firearm or knife in the woods or fields or upon the waters of this State for the purpose of hunting, target practice or fishing, provided that the firearm or knife is legal and appropriate for hunting or fishing purposes in this State and he has in his possession a valid hunting license, or, with respect to fresh water fishing, a valid fishing license;

 

(3) A person transporting any firearm or knife while traveling:

 

(a) Directly to or from any place for the purpose of hunting or fishing, provided the person has in his possession a valid hunting or fishing license; or

 

(b) Directly to or from any target range, or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions, provided in all cases that during the course of the travel all firearms are carried in the manner specified in subsection g. of this section and the person has complied with all the provisions and requirements of Title 23 of the Revised Statutes and any amendments thereto and all rules and regulations promulgated thereunder; or

 

© In the case of a firearm, directly to or from any exhibition or display of firearms which is sponsored by any law enforcement agency, any rifle or pistol club, or any firearms collectors club, for the purpose of displaying the firearms to the public or to the members of the organization or club, provided, however, that not less than 30 days prior to the exhibition or display, notice of the exhibition or display shall be given to the Superintendent of the State Police by the sponsoring organization or club, and the sponsor has complied with such reasonable safety regulations as the superintendent may promulgate. Any firearms transported pursuant to this section shall be transported in the manner specified in subsection g. of this section;

 

(4) A person from keeping or carrying about a private or commercial aircraft or any boat, or from transporting to or from such vessel for the purpose of installation or repair a visual distress signaling device approved by the United States Coast Guard.

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GREAT JOB! Let's make this a new Sticky!!!!!!!!!

 

These fricken laws are written deliberately so nobody can understand them! It's a darn shame! And we, the Taxpayers are paying for all of this legislation that nobody can understand!

 

Dave

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GREAT JOB! Let's make this a new Sticky!!!!!!!!!

 

These fricken laws are written deliberately so nobody can understand them! It's a darn shame! And we, the Taxpayers are paying for all of this legislation that nobody can understand!

 

Dave

 

Isn't that what NJ is about? Have legislators justify their existence by passing bullshiit laws? Then tax the crap out of us to pay for this mess? NJ is an example to the rest of the states of how not to do things. What a great thought process - make everything illegal, then legal through an exemption.

 

Nice job PB!

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A friend of mine has a farm in NJ and lawfully shoots on his property. I was talking to him about not being able to shoot steel anymore at EFGA and he said I am welcome to shoot at his place. I know I can bring long guns with me but I was curious about handguns and hollowpoint .22 ammo. Below it says "any target range". Would someones private property count or should I leave the handguns and .22 ammo at home?

 

 

(b) Directly to or from any target range, or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions, provided in all cases that during the course of the travel all firearms are carried in the manner specified in subsection g. of this section and the person has complied with all the provisions and requirements of Title 23 of the Revised Statutes and any amendments thereto and all rules and regulations promulgated thereunder

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"Or other authorized place for the purpose of practice." He owns the land and has authorized you to shoot there.

 

A friend of mine has a farm in NJ and lawfully shoots on his property. I was talking to him about not being able to shoot steel anymore at EFGA and he said I am welcome to shoot at his place. I know I can bring long guns with me but I was curious about handguns and hollowpoint .22 ammo. Below it says "any target range". Would someones private property count or should I leave the handguns and .22 ammo at home?

 

 

(b) Directly to or from any target range, or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions, provided in all cases that during the course of the travel all firearms are carried in the manner specified in subsection g. of this section and the person has complied with all the provisions and requirements of Title 23 of the Revised Statutes and any amendments thereto and all rules and regulations promulgated thereunder

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Or does it mean that some government body has authorized it as a place for shooting practice?  The law talks about the place being authorized, not the person shooting have been granted permission or authorization by the owner to shoot there. 

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An authorized place is a piece of land that does not have restrictions from the town through discharge laws.

 

This was brought up at the committee hearing in Trenton a few months ago when they were discussing "lending your weapon" to someone temporarily while on an authorized piece of land that is not a sanctioned club or shooting range.

 

Or does it mean that some government body has authorized it as a place for shooting practice?  The law talks about the place being authorized, not the person shooting have been granted permission or authorization by the owner to shoot there. 

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An authorized place is a piece of land that does not have restrictions from the town through discharge laws.

 

This was brought up at the committee hearing in Trenton a few months ago when they were discussing "lending your weapon" to someone temporarily while on an authorized piece of land that is not a sanctioned club or shooting range.

 

Thank you for the info. The town allows it so I should be good to go.

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Looks like this also applies to HP bullets, and not just HP ammunition, though the statute does wander a bit back and forth between use of 'bullets' and 'ammunition' in the text.

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