Episode 208- Everything You Need To Know About Hollow Nose Ammo in NJ

Gun Lawyer

Episode 208-Everything You Need To Know About Hollow Nose Ammo in NJ

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Podcast Transcript

Gun Lawyer– Episode 208 Transcript

SUMMARY KEYWORDS

hollow nose bullets, New Jersey law, felony offense, possession exemptions, target shooting, hunting,

carry permit, dummy cartridge, false arrest, state police advice, ignorance defense, gun applications,

carry in vehicle, law enforcement guidance, gun rights

SPEAKERS

Evan Nappen, Speaker 3

Evan Nappen 00:16

I’m Evan Nappen, and welcome to Gun Lawyer. As you know, or should know, I’m a practicing attorney.

I’ve been at it in New Jersey for over 35 years, focused on gun law, and I see just so many people that

are constantly ignorant of the laws, making mistakes, etc. That’s why you, the listener, are ahead of

them. Because you’re learning and educating yourself, and I’m happy to be the one to help you do that.

Evan Nappen 00:59

One of the topics that comes up a lot, and I just want to deal with it in detail on the show is what is the

story with hollow nose bullets in New Jersey? Let me explain this thoroughly so you can fully

understand what you can and can’t do, and what’s regulated and how it’s regulated. So, you’ll have a

full and complete understanding of New Jersey’s hollow point, hollow nose bullet law. You see in New

Jersey, hollow nose ammunition is prohibited, except for certain exemptions. We’re going to talk about

the exemptions in detail in a moment. The prohibition on hollow nose makes it a felony level offense

with up to 18 months in State Prison for each bullet you have that is prohibited as a hollow nose bullet.

Evan Nappen 02:15

New Jersey has this absurd law. It’s nothing short of absurd because they have determined that they

want to mandate that you have high penetration ammo at all times. I guess they decided to impose the

Geneva Convention or something on New Jersey where you can’t have hollow nose. They want high

penetration ammo so that it goes through your target and hits some innocent bystander, or something

along those lines. I have no idea why. Because the idea with hollow nose ammunition, practically, is

energy transfer. No over penetration or less penetration. More stopping power to stop the threat, which

is the whole purpose of having a firearm to defend yourself.

Evan Nappen 03:14

So, New Jersey prohibits the possession of hollow nose and then creates exceptions to the ban. One of

the key exceptions to the ban is possession in your home. So, you can possess hollow nose

ammunition in your home, and you can possess it pursuant to the exemptions under N.J.S. 2C:39-3f. of

the gun laws. Those exemptions, the activities under those exemptions, include target shooting and

hunting. You can keep this ammo at your dwelling, or your premises or other land owned or possessed

by you. Those are the exemptions. You can buy it at the gun store. You can take it home. You canPage – 2 – of 7

possess it at home. You can take it to the target range. You can take it hunting. But you cannot have

hollow nose ammunition outside of those exempted places. If you do, you’re unlawfully in possession of

the hollow nose bullets.

Evan Nappen 04:32

This gets a lot of people into trouble because they think that they are able to lawfully possess it outside

those exemptions, and you’re not. You cannot even have hollow nose ammunition in your handgun with

a Carry Permit outside those exemptions. So, if you’re in your home with your carry gun, you can have

hollow nose. As soon as you step out of your home, you can’t have hollow nose. You’re unlawfully

possessing the hollow nose because your carry does not convey a privilege to carry hollow nose. So,

don’t get tricked into thinking that you can have hollow nose simply because you have a carry permit.

You cannot. I see that as a GOFU, by the way, at times. So, be careful of that.

Evan Nappen 05:29

Now, the interesting thing about this hollow nose bullet ban is that it is the bullet itself that is banned,

not the cartridge. So, I actually had a case where a guy went through a metal detector with his key ring,

and on his key ring was one of those dummy cartridges that had a hollow nose bullet. It was drilled

through. No powder, no primer, as one of those key rings. They arrested and indicted him for

possession of a hollow nose bullet on a dummy key ring. Insanity. I had another case where a guy was

delivering pizza. He had no guns in the car, nothing. Just delivering pie. He parks, I think, maybe

temporarily in front of a fire hydrant or something. Anyway, they grabbed his car, and they towed it

while he’s making the delivery. They searched his glove box, and at the bottom of his glove box was

one .22 hollow nose that had fallen out of a box of ammo when he had gone to the range. They indicted

him for possession of five cents worth of .22 ammo right there. Yeah, it is nuts on this.

Evan Nappen 06:54

I had another guy flying out to Nebraska. He worked at one of the top sporting goods stores in New

Jersey. He’s going hunting in Nebraska. He had his hunting license already set and had his gun already

out there. He was going to fly out and enjoy a great deer hunt in Nebraska. One of the folks, you know,

a distributor of his product line, whatever, gave him a box of fantastic deer hunting ammo. Just some

box of great stuff. Expensive. He said try this on your hunt, man. It’s the best. You may want to sell it,

you know? He takes the sample box, but it was hollow nose. He goes to what is euphemistically called

Liberty Airport in Newark, what a joke, and proceeds to declare that he’s bringing ammo, which you’re

allowed to do. But when they see that it’s hollow nose ammunition going through the airport, they arrest

him and charge him with unlawful possession of hollow nose. Now the funny thing about that is he was

100% legal, even under New Jersey law. Because why did he have the hollow nose? He was going

hunting pursuant to the activities of 39-6. So, it was an absolutely false arrest. It ruined his trip and cost

him having to go through the entire judicial process for obeying New Jersey law. That’s right. All over

this dumbass hollow nose law that New Jersey has.

Evan Nappen 08:51

Now, if you want to carry ammunition that performs like a hollow point or hollow nose that actually,

arguably, may even perform better in terms of feeding and functioning in your gun, the New Jersey

State Police in their “Frequently Asked Questions”. (https://www.nj.gov/njsp/firearms/firearms-Page – 3 – of 7

faqs.shtml – Number 13) It states that Hornady Critical Defense / Critical Duty, Cor-Bon PowRball /

Glaser Safety Slug and Nosler Inc. Defense Ammunition is not hollow nose ammunition. Because those

cartridges, those bullets themselves in those rounds, have inserts in the noses. Thereby no longer

making them hollow. So, if you want to carry a great round in your carry gun that will not over penetrate

and harm somebody unintended, then carry Hornady Critical Defense / Critical Duty, Cor-Bon PowRball

/ Glaser Safety Slug, etc. Carry the ammunition that the New Jersey State Police specifically say is

okay and not hollow nose.

Evan Nappen 10:22

Let me tell you something else about the State Police saying that. Even if the State Police are wrong in

their interpretation, New Jersey has a defense called “ignorance or mistake of law”. Yeah, you’ve

probably heard your whole life that ignorance of the law is no excuse. However, in New Jersey, it is.

Everything is counterintuitive in this wacko state. The way it works is it’s not just that you didn’t know

the law. It works in a way that if you follow the official statement of the agency empowered to make it,

or the individual empowered to make it, and you follow what that official says, that if it ends up that

official is wrong, you have the defense of ignorance or mistake of law. That can still be a defense for

you to not be convicted. So, we have that in New Jersey. This would be an official statement by the

firearms folks at the State Police, who are in charge of this very thing. So, that’s the ammo to carry if

you need to.

Evan Nappen 11:33

There’s no reason you can’t have that in your home as well. But if you want actual, traditional hollow

nose then you’re going to need to stay within the exemptions. This is extremely important. Don’t go

outside those exemptions. And if you do choose to carry what the State Police recommend, you should

also carry a little slip of paper with their advice, or at least a screenshot of their advice. Because I’ve

had cases where individuals were carrying Hornaday ammo. One of the most famous is Roosevelt

Twyne. They charged him with hollow nose when it wasn’t plainly. It was legal as per the State Police.

And it might prove helpful, if you find yourself in that situation, to show immediately for the officer to

read themselves that your ammo is legal. This is a continuing problem, continuing nuisance of absurdity

and silliness on the part of New Jersey. But look, I don’t want to see any of you become a victim of New

Jersey gun law, and your best defense is having this knowledge and staying within it. And that’s really

why I do this show. It’s the whole reason.

Evan Nappen 13:18

It’s also the reason why the Association of New Jersey Rifle & Pistol Clubs is a sponsor of this show.

They want their members to be safe. It’s our state Association that’s out there, fighting in the courts,

fighting in the legislature. Standing guard for real, with a full-time paid lobbyist, heavy litigation going

on. We just have been having victories with more victories to come as the fight continues to restore our

God-given rights in New Jersey to keep and bear arms. It’s an uphill fight, but we are winning, and the

association is behind that fully. So, make sure you join. Go to anjrpc.org and be part of the solution.

Evan Nappen 14:16

I also have to mention our good friends at WeShoot. WeShoot is the premier target range in Lakewood,

New Jersey. Right there in Central Jersey. Easy to get to from the Parkway. You can take advantage ofPage – 4 – of 7

a first rate facility, a great resource where you can utilize the indoor range facilities. You can get

phenomenal training. Get your certificate to get your New Jersey Permit to Carry or the courses you

need for your New York carry, and others. WeShoot offers them. Plus, you can get great training,

whether you’re a novice or advanced in shooting. A great pro shop. Just great people at WeShoot. Go

there. Take a friend, and just enjoy a day shooting at the range. It’s always one of my favorite times the

shooting at WeShoot, and it’s where I shoot personally. So, check out WeShootusa.com or pay a visit

to WeShoot and mention me. You’ll be glad you did. And watch what happens. They won’t throw you

out, I promise.

Evan Nappen 15:42

Let me also take this opportunity to remind you all to buy my book, that’s right, New Jersey Gun Law,

the Bible of New Jersey gun law. It’s over 500 pages with 120 topics, all in a question and answer

format. It has a chapter on hollow nose ammo right there, if you forget what I said, or need to read it, or

have it handy to show an officer. There it is, ready for you to use, with 120 other topics explaining the

insanity of New Jersey gun laws. It’ll help keep you safe, help keep you out of jail and help keep you

free. When you get the book, scan the QR in the front of it, the QR code, and subscribe to my free

subscriber base. I don’t distribute that list. It stays private, but I let you know if there’s updates, or any

changes in the law. You can get into the archives for free for any updates. So, your book will stay

current. That’s the idea. It’s my labor of love, because I love you all. So, buy my book and show me

how much you love me. Just kidding about that. But go to EvanNappen.com, www.evannappen.com.

That’s where you will find my book, New Jersey Gun Law, the Bible of Jersey gun law.

Evan Nappen 17:17

So, let’s take a look at some great questions that have been sent to me. I always enjoy getting these

questions. This one is from Lawrence, and Lawrence says, Dear Evan. I hope this message finds you

well. I wanted to share a recent experience I had, which I believe could provide useful insight for your

listeners, especially those who legally carry firearms and may find themselves in similar situations.

Recently, I was pulled over by a police officer in Warren, New Jersey, while legally carrying my

handgun. As the officer approached, I kept both hands visibly on the steering wheel. Before he could

ask for my license or registration, I clearly stated, “I am a concealed carry permit holder, and I’m

currently carrying a weapon. It’s on my right hip — a SIG, P365, with one in the chamber.” The officer

calmly acknowledged my statement and asked for my documentation. I handed over my driver’s

license, registration, and concealed carry permit. He seemed completely unfazed by the situation, even

expressing his appreciation for my transparency.

Evan Nappen 18:34

When he needed to return to the vehicle to run my information, the officer asked me to step out of the

car so he could safely remove the weapon. I believed it to be a legal request, and I complied without

hesitation. We were in a parking lot with people around, and the officer did it respectfully and discreetly.

He took the entire holster, leaving the weapon in it, and I once again reminded him that there was a

round chambered. After completing his checks, the officer returned my firearm, still holstered, without

issuing any citation. He even joked about how difficult it must have been to pass qualifications with

such a “whippy little gun”. I’m writing to highlight that while there may be some officers who,

unfortunately, overstep their authority with lawful carriers, this experience reaffirmed my belief thatPage – 5 – of 7

professionalism, transparency and respect go a long way. By clearly stating my intentions and following

the law to inform the officer, the encounter was calm and uneventful. The key takeaway for your

listeners are, 1) remain courteous, 2) communicate openly, and 3) follow both the law and the officer’s

instructions. In my case, doing so led to a safe and respectful outcome. Thank you for taking the time to

read this, and I hope the story can provide some value to those who may find themselves in a similar

situation.

Evan Nappen 19:57

So, what Lawrence said there is a lot of excellent advice. We have a Duty to Disclose, meaning you’re

required to tell the officer on that motor vehicle stop, or if you are detained at any time by an officer, that

you are carrying your concealed loaded firearm. You must produce your carry permit. Failure to

disclose to the officer is a crime of Fourth Degree, a felony level offense, with 18 months in State Prison

for not telling them. Failure to have your permit on you and show them is six months max on the

disorderly person’s offense. So, you need to do by law what Lawrence described that he did. It’s very

good to be respectful and be courteous and communicate openly and put both your hands on the

steering wheel. Remember, they have a tough job, our officers. We don’t want to make it worse. We

don’t want you to get shot because they see a gun, that’s for sure. So, let’s be practical and respectful.

That all makes sense.

Evan Nappen 21:16

Now, of course, you don’t have to give the detail necessarily about what gun you have and that there is

one in the chamber, or anything like that. But, you know, you do what you feel is appropriate. That’s

okay. But you do have to disclose that you are carrying, and you do have to show your permit. Always

be courteous and communicate openly and show respect. It does go a long way. Listen, gun owners

are pro-law enforcement. I’m pro-law enforcement. I don’t want to make their job any harder. All of us

together hate the bad guys. We do. We’re on the same page. So, show them that respect.

Evan Nappen 22:05

The problem in New Jersey is that there’s an agenda, and it’s normally not an agenda of the rank and

file. It’s an agenda from above, from the politics, the folks that are high level, either brass or

Prosecutors Offices, Attorney Generals Offices, which have an anti-gun agenda that they’re forcing

upon officers. Lots of times, there’s also straight-out misinformation taking place. So, as much as I

totally appreciate what Lawrence conveyed about what happened to him in Warren, New Jersey, and

my congratulations, not just to him, but to the officer, knowing the law, following it. This situation was

respectful and perfectly fine for all parties involved. That is not always the case, unfortunately.

Evan Nappen 23:22

Recently, I got a case which occurred in Central Jersey. My client, who is very well trained, knew the

Duty to Disclose law and knew his obligation. He got stopped for a minor, non-moving traffic matter. It

was just an expired registration sticker. He very courteously and respectfully immediately told the officer

under Duty to Disclose that he was carrying his firearm on his person and that he had a carry permit. At

which time, that officer placed him under arrest and proceeded to hold him for approximately half an

hour or more. The officer told him that under New Jersey law, you cannot transport your gun loaded onPage – 6 – of 7

your person, and that his entire department had been briefed about that. Not to allow individuals to

carry in their car. How nice.

Evan Nappen 24:41

One big problem. It’s absolutely not true. They are 100% wrong about the law. As a matter of fact, this

officer even foolishly said it’s the case law. Well, actually, it’s not the case law. The case law says that

the so-called Carjacker Protection bill, that’s what we called it, in the Carry Killer law, that the transport

of a loaded handgun on your person in a vehicle, was enjoined by Judge Renee Marie Bump, and that

injunction still holds, even on the appeal. You absolutely can carry loaded on your person. No problem.

This individual had his firearm taken, and it was unloaded. The officer said, we’re going to be so nice.

We’re just going to give you a warning. Aren’t we good? Great, great. Super. Great of us, huh? We’re

cutting you a break. We’re going to give you only a warning, and you have to lock your gun up in the

car. Do not carry it loaded again in your car. That is absolute garbage. He had no right to

disenfranchise this man of his right to self-defense, and he is completely wrong about the law – 100%.

Evan Nappen 26:18

It went the opposite of Lawrence’s story, and it was not because either Lawrence or this person was

disrespectful or was anything but courteous. No, no. So, what was the difference? What was the

distinction? What was the problem? The problem was ignorance of New Jersey gun law. And whose

fault is that ignorance? I’ll tell you whose fault it is – the Attorney General of New Jersey. Because the

Attorney General has not promulgated guidance to the law enforcement community and all the

departments, making it clear what was decided in the case law and advising officers throughout New

Jersey that carry in a vehicle is lawful now, that carrying on private property open to the public is lawful

now, and a host of other things that got determined in the litigation that causes innocent gun owners to

suffer. They need the guidance. It needs to be put out there. Then the lieutenants won’t advise

erroneously their men and women, and the men and women don’t enforce erroneously on law-abiding

citizens. Taking away their rights, and maybe even worse, and then possibly subjecting themselves to

civil rights actions, no less. So, let’s see the right thing here. Let’s see our great men and women in law

enforcement be given some solid guidance about how to properly handle these situations so that

everybody is safer and better served.

Evan Nappen 28:46

Now what about this week’s GOFU? Well, this week’s GOFU is something I’ve been seeing a lot of

,folks, and this one is really simple. Do not lie on gun applications. I have many cases where individuals

put the wrong answer down when applying for a Carry Permit, a Firearms ID Card, or a Pistol Purchase

Permit. Now, many times it’s not intentional. They didn’t understand the question, or they thought they

were somehow not covered by it. Do not guess. Find out for sure. Because if you fail to properly answer

truthfully any of those questions, not only will you face a denial of the license for falsification, and not

only does that harm your own reputation as painting you as a liar, but you also can face a criminal

charge for lying on the form, which carries up to five years in State Prison. This is, of course, a felony

level offense where you will lose your gun rights forever by that conviction. It’s extremely important that

you are extraordinarily careful when filling out these forms and that you do not lie even inadvertently or

misstate something. The consequences can run the gambit from denial of your ability to get that

particular license to facing Third Degree, felony level criminal charges. So, don’t be that GOFU. If youPage – 7 – of 7

have questions, contact an attorney that knows gun law. Buy my book at EvanNappen.com to help you

understand the questions and the answers that must be truthfully stated.

Evan Nappen 31:09

This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They

protect criminals from honest citizens.

Speaker 3 31:18

Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by

Cosmo Music, New York, New York. Reach us by emailing [e-mail]. The information and

opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.

Downloadable PDF Transcript

Gun Lawyer S3 E208_Trascript

About The Host

Evan Nappen, Esq.

Known as “America’s Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it’s no wonder he’s become the trusted, go-to expert for local, industry and national media outlets.

Regularly called on by radio, television and online news media for his commentary and expertise on breaking news Evan has appeared countless shows including Fox News – Judge Jeanine, CNN – Lou Dobbs, Court TV, Real Talk on WOR, It’s Your Call with Lyn Doyle, Tom Gresham’s Gun Talk, and Cam & Company/NRA News.

As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists.

He also provides expert testimony and consultations for defense attorneys across America.

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