NJ FOPA and Hollowpoint Ammo

Discussion in 'Carry Issues' started by Porter, Feb 22, 2013.

  1. Porter

    Porter Millennium Member

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    As I'm planning a driving vacation from my home in NC to VT, NH and ME this summer, I may pass through NJ on the way. As I'm familiar with the hollowpoint restrictions in NJ, I checked the NJ Attorney General, and State Police websites concerning any info on hollowpoints under FOPA.

    Here's the link for the FOPA references on state police website: http://www.njsp.org/about/fire_trans.html

    I sent an email question, here's the cut and paste of my conversation with a Sergeant in the Firearms Investigation Unit(my email was evidently forwarded to him, even though I sent question to the Office of the Attorney General)...

    --------------------------------------------------------
    SERGEANT ....I received your e-mail regarding the transportation of Hollow Point bullets through our state. I am unaware what FOPA statutes are. Please contact me directly regarding this question.

    PORTER......Goodmorning and thanks for the response.
    I'm referring to the Firearm Owners Protection Act (FOPA), 18 U.S.C. s. 926A. Below is a link to the NJ OAG website that refers to FOPA and ammunition- I couldn't find this info earlier when I sent the email to your office. It's a technicality, but there are many individuals besides myself who want to ensure that when traveling through New Jersey that hollowpoint ammunition (regulated in New Jersey) is covered under FOPA. In other words, can I legally possess locked and secured hollowpoint ammunition as I travel protected under the FOPA statute through New Jersey?
    Thank you for your time in addressing this.

    SERGEANT.. .In response to your question, no you can not possess hollow point bullets in the state of New Jersey. I would recommend securing legal (under New Jesey standards) ammunition for you r weapon. Your method of transport for your weapon and ammo is proper as you previously stated. Hollow points are to
    be possessed by Law Enforcement only in New Jersey.

    ----------------------------------------------------
    Understand that this is just a response to an email, having no legal binding, from a Sergeant in the Investigations unit. I plan to send a snail mail of the same nature to the Office of the Attorney General in NJ. ( I actually received a direct response from the AG in Maryland several years ago on a FOPA question, so hopefully NJ can be as responsive.)

    We're all aware the FOPA may be an "affirmative defense" perhaps after an arrest, etc. It is interesting that the word "ammunition" as used in FOPA is wide open, so I would expect that my hollowpoints should be construed as ammunition and protected. I don't intend to find out, but these issues should be clarified. I also requested that NJ update their website FAQ to specify restrictions on hollowpoints under FOPA, hmm, we'll see if that happens.

    I of course will possess only FMJ on my trip north, and will avoid NJ altogether. And, yes, my ME non resident carry permit is in process, while NH and VT are friendly territory.
     
  2. HerrGlock

    HerrGlock Scouts Out CLM

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    NJ is gun hostile. Yes, you may very well be legally allowed to carry hollowpoints but is it worth the risk to find out the person you're talking to on a traffic stop doesn't know that and you end up having to explain yourself to an overanxious DA.

    No, having a badge doesn't help in NJ.
     

  3. KevinFACE

    KevinFACE

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    What idiot came up with making HP's illegal?
     
  4. WT

    WT Millennium Member

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    Sirhan Sirhan.
     
  5. Gunnut 45/454

    Gunnut 45/454

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    KevinFACE
    A gun grabbing Liberal Progressive who else!

    And OP to get where you going you have to pass through NYS as well! If you stop for other then gas you'd be in violation of there laws as well. And any crimes they charge you with there are felonies with long jail terms!
     
  6. HerrGlock

    HerrGlock Scouts Out CLM

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    Personally, I'd seriously consider EFMJ of some sort. Federal Guard Dog comes to mind.
     
  7. Steve in PA

    Steve in PA

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    If a person is covered by LEOSA, then they can legally carry HP ammo in NJ.
     
  8. Ducowti

    Ducowti

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    Doesn't help with what - carrying HP ammo? If a badge carrier is covered by LEOSA then HP is a go.



    Posted using Outdoor Hub Campfire
     
    Last edited: Feb 22, 2013
  9. wprebeck

    wprebeck Have you seen me?

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    When LEOSA was amended a couple of years ago, ammunition was included in the definition of "firearm". So, officers covered by LEOSA are now OK with HP ammo.

    You are correct, however, that the original version of LEOSA did not cover ammunition and that out of state officers were not exempt from the retardedness that is NJ law.
     
  10. jthrelf

    jthrelf

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    I am so sick of the gray area there. I've been told in the past by state police hollow points are fine but just add an extra charge if used to commit a crime.

    Please update us when you hear from the AG's office
     
  11. lethal tupperwa

    lethal tupperwa

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    didn't I read that NY Officers had to change ammo or mags before going home to Jersey?
     
  12. Scott30

    Scott30

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    Just avoid NJ and drive up through PA to get to NY. Problem solved.
     
  13. CA Escapee

    CA Escapee Finally!

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    Or, Hornady Critical Defense. Isn't New Joisey the reason why ammo companies made these rounds in the first place?

    Bill
     
    Last edited: Feb 24, 2013
  14. SCmasterblaster

    SCmasterblaster G17 carrier since 1989 Millennium Member

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    Good idea - just go around NJ.
     
  15. Steve in PA

    Steve in PA

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    The 2010 change to LEOSA declared that ammo not restricted by NFA was legal to carry by anyone covered by LEOSA.

    In other words, hollow point ammo is good to go for those covered by LEOSA.

    (e) As used in this section, the term ‘firearm’—
    (2) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act;
     
  16. Sheepdog689

    Sheepdog689 NRA Life Member

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    It will only take an hour or two longer if you head north from Baltimore or Philly and run up the eastern side of PA to Milford, then across the Delaware River into New York. From New York take I84 through Connecticut where you can either pick up 91 to head north or stay on 84 until it runs into the Mass Pike at Sturbridge.

    The ride is much more scenic, you don't have to deal with the lovely smells of northern NJ, the traffic around NYC or the tolls.
     
  17. SCmasterblaster

    SCmasterblaster G17 carrier since 1989 Millennium Member

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    A worthwhile detour, for sure. :cool:
     
  18. SouthernBoyVA

    SouthernBoyVA

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    Better yet, stay in the South. There's nothing up there a Southern man needs, anyway.
     
  19. SCmasterblaster

    SCmasterblaster G17 carrier since 1989 Millennium Member

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    Great idea! :cool: