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Gun Control & RKBA
In reply to the discussion: Gun Control has devolved to absolute fabrication [View all]benEzra
(12,148 posts)67. Hollowpoints aren't banned in NJ (or to my knowledge, anywhere else).
NJ bans many of the most popular civilian guns in the nation and largely restricts carry licenses to the rich and politically connected or their staff, but even NJ doesn't ban hollowpoint or softpoint ammunition. Some jurisdictions may give you extra hassle if you stop for lunch or to go to the bathroom on the way to/from a shooting range if you have hollowpoint ammunition in the trunk of your car, and accidentally leaving some in the trunk after your trip could land you in prison, but it's completely legal to purchase, shoot at a range, hunt with, or load your home-defense gun with.
NJ law is fixated on the term "sportsmen" like it's 1950, but if you can get past that, here's the law:
http://www.njsp.org/firearms/transport-hollowpoint.shtml
Provided certain conditions are met, a sportsman may transport and use hollow point ammunition. There are no restrictions preventing a sportsman from keeping such ammunition at his home.
N.J.S.A 2C:39-3f(1) limits the possession of hollow nose ammunition. However, there is a general exception that allows for the purchase of this ammunition but restricts the possession of it to specified locations. This exception provides that:
(2) Nothing is sub section f (1) shall be construed to prevent a person from keeping such ammunition at his dwelling, premises or other land owned or possessed by him, or from carrying such ammunition from the place of purchase to said dwelling or land . . . [N.J.S.A 26:39-3g (2)].
Thus a person may purchase this ammunition and keep it within the confines of his property. Sub section f (1) further exempts from the prohibited possession of hollow nose ammunition "persons engaged in activities pursuant to N.J.S.A 2C:39-6f. . . ."
N.J.S.A 26:39-3f. (1).
Activities contained in N.J.S.A 26:39-6f. can be broken down as follows:
A member of a rifle or pistol club organized under rules of the National Board for the Promotion of Rifle Practice and which filed its charter with the State Police;
1. A person engaged in hunting or target practice with a firearm legal for hunting in this State;
2. A person going directly to a target range, and;
3. A person going directly to an authorized place for "practice, match, target, trap or skeet shooting exhibitions."
As with other ammunition and firearms, a sportsman would have to comply with the provisions of N.J.S.A 2C:39-6f and g when transporting hollow nose ammunition to a target range. The ammunition should be stored in a closed and fastened container or locked in the trunk of the motor vehicle in which it is being transported. The course of travel should be as direct as possible when going to and leaving from the target range with "only such deviations as are reasonably necessary under the circumstances." N.J.S.A 2C:39-6g.
If the sportsman's club member plans to hunt with a rifle and use hollow nose ammunition in a state where this is permitted, he must comply with the provisions of U.S.C.A. 926A and N.J.S.A 2C:39-6(f) and (6)(g), which is consistent with the federal law, in transporting the firearm and ammunition. The firearm should be unloaded and neither the firearm nor the ammunition should be readily accessible from the passenger compartment. If the vehicle does not have a trunk, the firearm and the ammunition should be contained in a locked container other than the glove compartment or the console. 18 U.S.C.A. 926A.
In addition, the sportsman should have a valid hunting license in his possession from the state in which he plans to hunt and should be familiar with that state's gun laws. N.J.S.A 2C:39-6(f)(2) requires a person hunting in this State to have a valid hunting license in his possession while traveling to or from the hunting area. Hunting with hollow nose ammunition is permitted in New Jersey. In the case of a New Jersey resident traveling to another state to hunt, it logically would follow that the hunting license would be from the state where the hunter is going. Although the federal statute does not require possession of a hunting license, it does require that the person transporting the firearm be going to a state where possession of that object is lawful. A valid hunting license from that state effectively supplies the proof.
These conditions for use and transport of hollow nose ammunition are consistent with the legislative intent to restrict the use of such ammunition to a limited number of people. It is well established that in construing a statute exceptions are to be "strictly but reasonably construed, consistent with the manifest reason and purpose of the law." Service Armament Co. v. Hyland, 70 N.J. 550, 558-559 (1976). The State Supreme Court has "characterized the Gun Control Law as 'highly purposed and conscientiously designed toward preventing criminal and other unfit elements from acquiring firearms while enabling the fit elements of society to obtain them with minimal burdens.'" Id. at 559.
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A jury removed a post of mine because I stated that Bill Clinton signed major gun legislation
krispos42
Aug 2016
#2
Recounting the fact Bill Clinton signed a law they want reenacted is a RW smear?
Nuclear Unicorn
Aug 2016
#3
I don't want to get into the habit of doing what they do: Congratulating ourselves
Nuclear Unicorn
Aug 2016
#8
That entire Maddow rant was so chock-full of BS that it would take many pages
pablo_marmol
Aug 2016
#21
Yeah.......she truly is pathetic on the "gun control"/gun violence subject.
pablo_marmol
Sep 2016
#26
Yes, its BS. "cop-killer hollowpoints" is exactly the kind of absolute fabrication the OP refers to.
beevul
Sep 2016
#29
Because of people who were fed misinformation, which led them to support the proposed laws.
beevul
Sep 2016
#58
"There is even a complaint about the posting of articles discussing string theory in physics"
beergood
Sep 2016
#25
And I believe you, which is why its so disappointing to see you so determined to align with a group
Nuclear Unicorn
Sep 2016
#48
I'm going to say some things but don't take my word for it. Poll my fellow RKBA advocates.
Nuclear Unicorn
Sep 2016
#54
I understand that these are your personal views that may be shared. On that:
guillaumeb
Sep 2016
#66
It's difficult to demand people do anything with their private property.
Nuclear Unicorn
Sep 2016
#70
Training and testing might be something to subcontract to selected gun ranges
guillaumeb
Sep 2016
#76
To that crowd, they stopped being "Liberal" Criminologists when they published the research
DonP
Sep 2016
#63
Good enough for Jimmy Carter to hire, thrown under the bus by The Controllers.
pablo_marmol
Sep 2016
#65
We've just been handed a prime example of how "gun control" relies on fabrication.
pablo_marmol
Sep 2016
#46