Hollow Point Bullet Charges Lawyer in Jersey City & Hudson County

Reviewed by William A. Proetta, Esq. · Updated

Possessing hollow point bullets is a fourth-degree crime in New Jersey under N.J.S.A. 2C:39-3(f)(1), even though the same ammunition is sold legally in most other states and in New Jersey gun shops. A conviction carries up to 18 months in prison and a fine of up to $10,000. The law does not ban buying or owning hollow points; it limits where you can have them. They are lawful at your home and on your own land, on the trip home from the store, and while traveling directly to a range or a hunt, but not in your pocket, your glove box or your carry gun. Charges filed in Jersey City are heard in the Hudson County Superior Court at the Frank J. Guarini Justice Complex near Journal Square. William Proetta Criminal Law defends gun owners, permit holders and travelers charged with hollow point possession from our Jersey City office, with over 15 years of criminal trial experience. Call (201) 793-8018, 24/7. Se habla español.

Hudson County

Hollow Point and Ammunition Charges

ChargeStatuteUsual gradeWhere it is heard
Hollow nose or dum-dum bullets outside an exempt place or activity2C:39-3(f)(1)4th degreeSuperior Court
Armor piercing (body armor penetrating) ammunition2C:39-3(f)(2)4th degreeSuperior Court
Buying or selling handgun ammunition without the required FID card or permit2C:58-3.34th degreeSuperior Court
Large capacity magazine2C:39-3(j)4th degreeSuperior Court
Handgun without a permit to carry (often charged with hollow points)2C:39-5(b)(1)2nd degreeSuperior Court
Hollow point possession is not a Graves Act offense. A handgun count filed with it usually is.

Where Hollow Points Are Legal and Where They Are Not

The statute is built around location and activity rather than ownership. Under 2C:39-3(g)(2), you may keep hollow nose ammunition at your dwelling, premises or other land you own or possess, and you may carry it from the place of purchase to that dwelling or land. Subsection (f)(1) also exempts law enforcement officers and the activities listed in 2C:39-6(f): members of a qualifying rifle or pistol club going to or from target practice, licensed hunters and anglers, and people traveling directly to or from a hunt, a range or an authorized shooting match.

The State Police guidance for sportsmen adds practical rules. When you take hollow points to a range, they should be in a closed and fastened container or locked in the trunk, and the trip should be as direct as possible, with only the deviations reasonably necessary under the circumstances. Outside those situations, a box of hollow points on the back seat, loose rounds in a jacket or a magazine loaded with them is enough for a charge.

Permit to Carry Holders and Hollow Points

Since the 2022 carry law, many more New Jersey residents hold a permit to carry a handgun, and many of them load their carry gun with the same defensive ammunition they use at home. The hollow point statute was not changed by that law, and neither the offense nor its exceptions mention permit holders. A permit makes the handgun lawful to carry; it does not, on the face of the statute, make the hollow points in it lawful outside the exempt places. Permit holders who have been stopped with hollow points should take that seriously, because a conviction can also put the permit itself at risk.

What the State Must Prove

The model jury charge reduces the offense to two elements: the item is a hollow nose or dum-dum bullet, meaning a projectile whose front is designed to expand on entering a target, and you knowingly possessed it. If the defense raises an exemption, such as transport from the store or travel to a range, the State must disprove it beyond a reasonable doubt. That burden matters. A receipt from a sporting goods store, a range membership or a hunting license, backed by proof that you were actually on your way home, to the range or to the hunt, can turn an apparently simple case into a defensible one.

Penalties, PTI and Expungement

A hollow point count is a fourth-degree crime, so the exposure is up to 18 months and a fine of up to $10,000. It is not on the Graves Act list, carries no mandatory parole bar and, for a first offender, is subject to the presumption against imprisonment for third- and fourth-degree crimes. On its own, it does not trigger the prosecutor-consent rule that blocks PTI on Graves charges, which makes Pretrial Intervention a realistic goal for a person with no record. A conviction for this offense is generally eligible for expungement after the waiting period. When a handgun charge is filed alongside it, the handgun count controls the negotiation, and the hollow point count is often dismissed as part of the plea.

Hollow Point Cases in Jersey City and Hudson County

Many Hudson County hollow point cases begin as traffic stops on the Turnpike extension, Route 440 or the approaches to the Holland Tunnel and Bayonne Bridge, where a box of ammunition is seen during a search of the car. Others come from a domestic violence call in Bayonne or Kearny that leads to the removal of firearms and ammunition from a home, and hollow points found outside the house, in a vehicle or a storage unit, can be charged separately. Permit holders in Jersey City and Hoboken can also be charged when an unrelated stop reveals that their carry gun is loaded with hollow points. See our Jersey City gun charges page and our court guides for Jersey City, Hoboken, Kearny, Union City and Bayonne.

Arrest and Pretrial Release

A hollow point charge standing alone is usually handled on a summons, and the person goes home the same day. When it accompanies a handgun or other Graves charge, the arrest typically proceeds on a complaint-warrant with a first appearance through CJP. See our pretrial release and detention guide and our page on Central Judicial Processing in Hudson County.

Immigration Consequences

Ammunition is defined separately from firearms in federal law, and the firearms deportation ground refers to firearms and destructive devices. For that reason, a plea limited to a hollow point count is generally a safer outcome for a noncitizen than a plea to a gun count, though immigration counsel should confirm the analysis for the specific judgment. We review the immigration side before any plea; see our immigration consequences and immigration-safe plea strategy pages.

Defenses to a Hollow Point Charge

  • An exemption applies. Carrying the ammunition home from the store, keeping it on your own property or traveling directly to a range or hunt are all lawful.
  • Not a hollow nose bullet. The State must prove the projectile is actually designed to expand. Lab or expert testimony may be required, and some modern ammunition is mislabeled in police reports.
  • No knowing possession. Ammunition left in a borrowed car, a shared closet or an old range bag does not prove that you knew it was there.
  • The search. Hollow points are usually found during a car or home search, and an unlawful stop, an invalid consent or a defective warrant can suppress them.
  • Diversion. For a first offender, PTI is often the most practical resolution, ending in a dismissal.

Hollow Point Bullet FAQs

Is it illegal to own hollow point bullets in New Jersey?

No. They can be bought legally, with the FID card or permit New Jersey requires for handgun ammunition, and kept at home. Possession is a fourth-degree crime only outside the exempt places and activities, such as your home or land, the trip home from the store, or direct travel to a range or hunt.

Can I carry hollow points in my carry gun with a New Jersey permit to carry?

The hollow point statute contains no exemption for permit holders, and the 2022 carry law did not add one. Carrying them outside the exempt places risks a fourth-degree charge.

How do I transport hollow points to the range?

Travel directly, with the ammunition in a closed and fastened container or locked in the trunk, and only the deviations reasonably necessary under the circumstances.

Is a hollow point charge a Graves Act offense?

No. Hollow point possession under 2C:39-3(f) carries no mandatory parole bar. A handgun charge filed in the same case may be a Graves offense.

Where is a hollow point charge from a Bayonne traffic stop heard?

It is an indictable crime, so it is prosecuted in the Hudson County Superior Court in Jersey City rather than in Bayonne Municipal Court, unless it is amended to a lesser offense and sent back to municipal court.

Can I get PTI for hollow point possession?

Often, yes. A standalone hollow point charge does not make you presumptively ineligible, so your application is considered without the prosecutor first having to consent, although the prosecutor still decides whether to admit you. First offenders with a lawful reason for owning the ammunition are good candidates.

Talk to a Jersey City Hollow Point Defense Lawyer

A box of ammunition that is legal almost everywhere else should not end in a criminal record here. Call our Jersey City office at (201) 793-8018 for a free, confidential case review, 24/7. Se habla español.