Any lawyers out there... Does this citation means Hollow points are illegal in NJ? The exception in red below - does it say it is LEGAL to keep hollow ammo at home?

 

link:

http://www.njsp.org/about/fire_hollow.html

 

N.J.S.A 2C:39-3f(1) limits the possession of hollow nose ammunition. However, there is a general exception that allows for the purchase of this ammunition but restricts the possession of it to specified locations. This exception provides that:

(2) Nothing is sub section 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

. . . [

N.J.S.A

 26:39-3g (2)].

Thus a person may purchase this ammunition and keep it within the confines of his property. Sub section f (1) further exempts from the prohibited possession of hollow nose ammunition "persons engaged in activities pursuant to 

N.J.S.A

 2C:39-6f. . . ."

N.J.S.A

 26:39-3f. (1).

Activities contained in N.J.S.A 26:39-6f. can be broken down as follows:

1.A member of a rifle or pistol club organized under rules of the National Board for the Promotion of Rifle Practice and which filed its charter with the State Police;

2.A person engaged in hunting or target practice with a firearm legal for hunting in this State;

3.A person going directly to a target range, and;

4.A person going directly to an authorized place for "practice, match, target, trap or skeet shooting exhibitions."

As with other ammunition and firearms, a sportsman would have to comply with the provisions ofN.J.S.A 2C:39-6f and g when transporting hollow nose ammunition to a target range. The ammunition should be stored in a closed and fastened container or locked in the trunk of the motor vehicle in which it is being transported. The course of travel should be as direct as possible when going to and leaving from the target range with "only such deviations as are reasonably necessary under the circumstances." N.J.S.A 2C:39-6g.

http://njgunforums.com/forum/index.php/topic/56572-hollow-point-transport-question/?hl=%2Bhollow+%2Bpoint

 

http://njgunforums.com/forum/index.php/topic/56300-man-charged-with-fourth-degree-possession-of-hollow-point-bullets/?hl=%2Bhollow+%2Bpoint

 

http://njgunforums.com/forum/index.php/topic/54346-transport-law/?hl=%2Bhollow+%2Bpoint#entry701109

 

http://njgunforums.com/forum/index.php/topic/52478-hollow-points/?hl=%2Bhollow+%2Bpoint#entry679990

 

http://njgunforums.com/forum/index.php/topic/51709-home-defense-ammo/?hl=%2Bhollow+%2Bpoint#entry672339

 

http://njgunforums.com/forum/index.php/topic/49313-which-type-of-round-for-self-defense/?hl=%2Bhollow+%2Bpoint

Nearly everything gun related is "illegal" in NJ, save for the "exemptions". 

Everything you need to know is in the statute you posted.

Most posts say its legal to own at home.

 

Where does the sitation fits into the picture?

The citation is a specific exemption that allows you to take it from place of purchase to your home [and keeping it there].

So if someone getting charged with 4th degree offense for having hollow ammo at home - judge should dismiss the charges once this link is provided?

So if someone getting charged with 4th degree offense for having hollow ammo at home - judge should dismiss the charges once this link is provided?

No you don't show a judge a link on the internet. The red part of your original post is your answer. You quote or show the judge the statute.

THe general rule with HPs is that they are legal to possess under the same circumstances as a handgun. (one's home/business, shooting range, traveling to/from same).

 

If someone's been charged with any firearms related crime, they should contact an attorney who speicalizes in such matters.

 

Additionally, a 4th degree offense = indictable charge in Superior Court. You're going to need an attorney no matter what.

THe general rule with HPs is that they are legal to possess under the same circumstances as a handgun. (one's home/business, shooting range, traveling to/from same).

 

If someone's been charged with any firearms related crime, they should contact an attorney who speicalizes in such matters.

 

Additionally, a 4th degree offense = indictable charge in Superior Court. You're going to need an attorney no matter what.

 

Does the law prohibit prohibited persons from possession of hollow points?

Is this person also being charged with possession of crack cocain?

Does the law prohibit prohibited persons from possession of hollow points?

 

Yes, indirectly.

Almost* all of the exemptions are for people who are engaged in activities that "certain person not to possess weapons" cannot engage in. Therefore, prohibited persons do not qualify for any of those exemptions.

 

 

*Concievably, one could argue that a person who possessed HPs before becoming a felon, wife-beater, loco or druggie, should still be legal to possess, even though he's no longer able to purchase ammo or possess a firearm. 

I wouldn't want to be the test case...

What other charges were filed..

What other charges were filed..

 

uh huh.  What is the whole story here?

without being personal he provided me a little more info privately.... and I think he understands the answer to his question... the rest of the story is far less eventful than anyone would like to believe.. no high speed chase... no police shootout... so I am going to close this for now since there is really no more info needed... 

 

if for some reason you want this back open just let me know... 

good luck...