Hollow Point Ammunition Lawyer in Woodbridge, Middlesex County

Reviewed by William A. Proetta, Esq. · Updated October 2026

Knowingly possessing hollow nose or “dum-dum” bullets in New Jersey is a 4th-degree crime under N.J.S.A. 2C:39-3(f)(1), punishable by up to 18 months in prison and a fine of up to $10,000, unless one of the statute’s exemptions applies. It is not a Graves Act offense, but it often arrives alongside a gun charge that is, and holding a permit to carry a handgun does not create an exemption.

Because the charge is indictable, it is screened by the Middlesex County Prosecutor’s Office at 25 Kirkpatrick Street and heard in the Superior Court in New Brunswick, not in the municipal court of Woodbridge, Edison or wherever the stop happened. We defend ammunition and weapons charges from our Edison office. In a hollow-point case the purchase is rarely the issue; where the ammunition was carried usually is.

What the State Must Prove

1. The item is a hollow nose or dum-dum bullet. Usually this is obvious from the box or the rounds themselves, but the State must still prove it, and an officer’s description is not always enough when the projectile design is unusual.
2. Knowing possession. The defendant knew the ammunition was there and controlled it, alone or with others.
3. No exemption applies. The statute’s exceptions are part of how the case is decided, so their facts matter from the first day.

When Hollow Points Are Legal

The exemptions are narrow and location-based:

• Home and land. Under N.J.S.A. 2C:39-3(g)(2)(a), a person may keep hollow points at a dwelling, premises or other land he or she owns or possesses.
• From the store to home. The same paragraph allows carrying them from the place of purchase to that dwelling or land.
• Range, club, hunting and fishing activity. Subsection (f)(1) does not apply to people engaged in activities under N.J.S.A. 2C:39-6(f): members of qualifying rifle and pistol clubs going to and from target practice, licensed hunters and anglers in the field, and people traveling directly to or from a range or a hunting or fishing site, subject to the transport and hunting rules.
• Officers and dealers. Law enforcement officers and licensed dealers at their premises are excluded.

What the list does not include is everyday carry. The ammunition in a holstered handgun, a spare magazine in a jacket or a box in the glove compartment on a trip to the shore falls outside every exemption once it leaves the home and is not on its way to or from one of the listed activities.

Companion Charges and Penalties

Hollow points are rarely the only count. These are the charges we most often see with them, most serious first:

When a handgun count is in the case, the mandatory term and the waiver process control the outcome; our Graves Act guide explains both. Magazines holding more than 10 rounds are addressed on our large-capacity magazine page; that 10-round limit is being challenged in federal court, and its status can change quickly. For a standalone hollow-point count, a first offender has the presumption against imprisonment in N.J.S.A. 2C:44-1(e), and our overview of 4th-degree crimes explains the sentencing range.

Carry Permit Holders and Hollow Points

The carry permit law changed who may carry a handgun in public. It did not change 2C:39-3(f). The statute’s exceptions are tied to the home, the trip home from the store and the activities in 2C:39-6(f), and a permit to carry is not one of them. In Middlesex County, concealed carry permit holders are still charged with a 4th-degree crime when they carry hollow point ammunition. A holder stopped with a loaded, holstered handgun can therefore face this charge along with the conduct rules explained on our page on charges against carry permit holders.

A conviction for any crime, including this one, disqualifies the holder under N.J.S.A. 2C:58-3(c)(1) and voids both the carry permit and the firearms purchaser identification card.

Hollow Point Cases in Middlesex County

Most of these cases begin with a car stop: on the Turnpike or the Parkway through Woodbridge, on I-287 near Piscataway, or on Route 1 or Route 9. Sometimes the driver discloses a gun in the car, and the search that follows turns up a box of defensive ammunition in a range bag or a loaded magazine. Out-of-state drivers are especially exposed because hollow points are ordinary in most states; our page for out-of-state gun owners explains how the Prosecutor’s Office reviews those cases closely, including whether the gun and ammunition were being moved in a way that was lawful under the driver’s home-state law and federal safe-passage rules.

When a gun is part of the arrest, even a lawful owner is normally charged on a complaint-warrant, held at the Adult Correction Center in North Brunswick, and brought before a judge by video at the 2:30 p.m. first-appearance session that runs Monday through Saturday. After that, the assistant prosecutor screens the file and decides what goes to the grand jury. When hollow points are the only charge, or the remaining charge after the gun count is resolved, Pretrial Intervention is the natural goal; admission at 4th degree depends on the prosecutor’s recommendation, and the application must be filed no later than the Initial Case Disposition Conference. Whether the firearm and ammunition come back after PTI or a dismissal depends on the prosecutor’s office.

Defending a Hollow Point Charge

• The exemption fits. Was the driver going from the store to home, or directly to or from a range, club or hunting trip? Receipts, range records and a hunting license can prove it.
• Knowledge and control. In a borrowed car, a shared range bag or a vehicle with several occupants, the State must connect the ammunition to the defendant.
• The ammunition itself. We confirm what the rounds actually are rather than accepting a label in a police report.
• The search. A gun disclosure does not automatically justify a search of every bag in the car. If the search was unlawful, the ammunition can be suppressed; our guide to car searches explains the limits.

Immigration and expungement deserve a word. Federal immigration law treats many firearm and ammunition offenses seriously, so a non-citizen should get immigration advice before any plea. Weapons convictions are not barred from expungement and follow the ordinary waiting periods.

Talk to a Lawyer About an Ammunition Charge

Keep any receipts, range records or hunting license, and do not discuss where the ammunition came from with anyone but your lawyer. Call our Edison office at (732) 659-9600, day or night, or reach us online for a free case review.