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Captain38

Are Either of These Rounds Legal in New Jersey?

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Under federal law, as a "qualified RETIRED law enforcement officer," I can legally carry a concealed handgun in the state of New Jersey, but I am also aware of Garden State laws prohibiting the carrying of "hollow-nose" ammunition by other than ACTIVE officers.

 

I could, as I understand it, however, carry either Cor-Bon Pow'Rball or Federal Expanding Full Metal Jacket (EFMJ) ammo on any of my visits there.

 

Correct me IF I'm wrong!

 

http://www.dakotaammo.net/products/glaser/powrball.htm

 

http://www.federalpremium.com/products/ ... spx?id=403

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I'm a retired LEO also and heres what I think regarding NJ and guys like you and I carrying hollowpoints. The Law Enforcement Officer's Safety ACT (LEOSA aka HR218) addresses the carry of concealed firearms by qualified active and retired LEOs. It doesn't say anything about ammo or magazine capacity, both NJ issues. It goes on to say the only state laws that are in effect carrying under this act are those restricting the carry of firearms in goverment owned buildings or schools. There was a recent case in SD where off duty LEOs were charged with carrying in a bar which is not allowed if you have a SD carry permit. the charge was thrown out by a judge who stated the Federal law says goverment owned buildings and the state doesn't own the bar. Now that the case law has been established but eventually there will be some ruling finalizing this in SD.

 

Based on what the NJ State AG says is you can't carry hollowpoints (check under firearms on NJSP website). The ammo you show is not a hollowpoint but a bullet that is designed to expand which may be construed as a "dum dum" which is also illegal under NJ law.

 

The state law cannot trump the federal law. I would interpret LEOSA to say it over rules NJ law...however....I don't carry hollowpoints or expanding bullets. I don't think your chances of "getting caught" with hollowpoints is great. I don't think any prosecutor is going after you if you use hollowpoints or other expanding ammo in what is clearly a good shoot.

 

I am concerned that a retired or out of state LEO is going to get jammed up over the hollowpoint issue and it's going to cost him a heck of a lot of money in legal fees to prove he's correct. Yes, I won't be the test case. If I want a big bullet I carry a 45.

 

This is my take. I'm not a lawyer but in 31 years I lost only one case in trial (due to the 12 bumpkins on the jury).

 

I was a firearms instructor for almost 30 of those 31 years and if you'd like some ammo reccomendations let me know what you carry in a PM and I'll give you more opinions.

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I carry Federals Expanding Full Metal Jacket when I return to the state. To date no one has stated that the EFMJ's are considered a holowpoint. All it takes is a look at it. Powerball? anybodies guess. But considering Powerball is much more costly, I'll stay with Federal. The only down side is finding the EFMJ as some dealers don't stock it but the same can be said for Powerball.

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