Hollow Points legal for SD in NJ?

[camxrr]

Hello,

I'm about to load up on alot of ammo for my 9mm and 45 this week and need help. I have been told by a PA State Trooper that hollow points are illegal to use in NJ for SD. You can purchase, own, transport (to the range only) and practice with them but not for use in SD.

Yet Efingers Sporting Goods' people say absolutely not illegal and said its what i should be using. (I agree)

I understand all the differences between HP and FMJ etc and would prefer to use HP. In the meantime I'm using Federals Expanding Personal Defense rounds just to be legally safe.

Anyone know the real deal here? I know, I know...NJ sux!

 

[Quiet]

NJ State Police
http://www.state.nj.us/njsp/about/fire_hollow.html

 

[Tom488]

Once again, some of the worst legal advice on firearms comes from those charged with upholding the law.

There is nothing in the state statutes that makes the use of HP ammo unlawful in a SD situation. The only mention of HP ammo is in 2C:39-3f, which makes possession illegal, and 2C:39-3g, which exempts one from 2C:39-3f if the possession is in the home (the only place where SD with a firearm would be legal, for the vast majority of the population).

The law will make no distinction between the use of FMJ or JHP in the use of deadly force in the defense of self or others. If the use of force is justified, it shouldn't matter the type of ammunition used.

 

[Creade]

I have been told by a PA State Trooper that hollow points are illegal to use

In my opinion, this brings into question if the Trooper really knew what you were asking.

I brought up hollow points to a gun store clerk one day and he thought I was asking about armor piercing rounds......

If people arent overly familiar, sometimes they are just confused.

 

[everallm]

This comes up about every 2 weeks.

To recap, for NJ

HP's and JHP's are legal to buy, own, possess at home and transport and shoot wherever it is legal to do so. It's even legal to bring 'em back home if unused.

The AMMUNITION is not illegal, location and context of use may be.

Outside of these areas it is illegal, so if you go to a range to shoot, police your vehicle afterwards as a single loose round in the trunk could lead to prosecution.

It is typically used as a charge multiplier in criminal prosecutions such as assault + illegally owned firearm + no Firearms ID card + illegal ammunition + etc etc etc.

In NJ there is an effective duty to retreat so if you should shoot a home invader a politically motivated prosecutor (is there any other kind) might try and leverage "evil-killer" HP's to get you to plead to a lesser criminal charge.

As stated earlier, if you are in a SD situation then the type of ammunition used should be further from your mind.

 

[Tom488]

In NJ there is an effective duty to retreat

2C:3-4b(2)(b)(i): The actor is not obliged to retreat from his dwelling, unless he was the initial aggressor

 

[HGUNHNTR]

UGH!! NJ and HP ammo I can't re-tell my horror story again, but the short of it is HP's are legal as stated above and for SD.

One funny aside: The bad guy however could be charged with illegal possesion of a HP bullet if you shoot him in your house, because he doesn't fall within any of the exceptions that make this round legal. It is the bullet that is illegal to carry around, not the loaded round, so forget any of those "bullet" keychains also as they may land you in Rahway for 1.5 yrs.

Also make sure your Twp. doesn't require the gun you use for SD to be registered with the Twp...MANY DO!

NJ makes my head hurt.

 

[everallm]

2C:3-4b(2)(b)(i): The actor is not obliged to retreat from his dwelling, unless he was the initial aggressor

The problem is the other piece

The same theory applies to the issue of retreat. Remember that the obligation of the defendant to retreat only arises if you find that the defendant resorts to the use of deadly force. If the defendant does not resort to the use of deadly force, one who is unlawfully attacked may hold (his/her) position and not retreat whether the attack upon (him/her) is by deadly force or some lesser force.
The burden of proof is upon the State to prove beyond a reasonable doubt that the defendant knew (he/she) could have retreated with complete safety.

 

[bdickens]

God, I love Texas!

 

[camxrr]

Thanks for all the info and opinions. I will now have HPs in my 1911 or XD-9 when i go to bed now.

I asked my friend the same question I posted and he emailed the NJ State Attorneys Office. Let's see what they say, IF they reply.

thanks again

 

[geekWithA.45]

Quote:
In NJ there is an effective duty to retreat
2C:3-4b(2)(b)(i): The actor is not obliged to retreat fromhis dwelling, unless he was the initial aggressor

Ah, the old "In NJ, the bad guy gets to chase you from your front door to your back door" clause.