Are Hollow Points Illegal? Federal Law, NJ Rules, and Carry

Hollow point ammunition is legal to own, buy, and use in 49 of the 50 states, and no federal law bans or restricts it. So if you’re asking whether hollow points are illegal, the short answer for almost everyone is no. New Jersey is the single state that criminalizes civilian possession outside of specific exemptions, and a small number of cities restrict local sales. Everywhere else, buying hollow points works the same as buying any other ammunition.

What Federal Law Says

No federal statute prohibits civilians from owning, buying, or using hollow points. The Gun Control Act of 1968 governs firearm and ammunition sales through licensed dealers and bars sales to prohibited people, but it draws no distinction between hollow points and any other bullet.1Bureau of Alcohol, Tobacco, Firearms and Explosives. Gun Control Act (GCA)

The one ammunition category federal law does regulate is armor-piercing rounds. Under 18 U.S.C. § 921(a)(17), armor-piercing ammunition is defined by construction from hard metals like tungsten, steel, or depleted uranium, or by a full-jacket handgun projectile larger than .22 caliber whose jacket exceeds 25 percent of its weight.2Office of the Law Revision Counsel. 18 US Code 921 – Definitions Hollow points are designed to expand on impact rather than punch through hard material, and the ATF has never classified them as armor-piercing.3Bureau of Alcohol, Tobacco, Firearms and Explosives. Armor Piercing Ammunition – ATF

People Who Cannot Possess Any Ammunition

Hollow points face no federal restriction, but certain people cannot legally possess ammunition of any kind. Under 18 U.S.C. § 922(g), the following individuals are barred from possessing firearms or ammunition:4Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts

  • Anyone convicted of a crime punishable by more than one year in prison
  • Fugitives from justice
  • Unlawful users of, or people addicted to, a controlled substance
  • Anyone adjudicated as mentally defective or committed to a mental institution
  • Noncitizens unlawfully present in the U.S., or those admitted on a nonimmigrant visa (with limited exceptions)
  • Anyone discharged from the military under dishonorable conditions
  • Anyone who has renounced U.S. citizenship
  • Anyone subject to a qualifying domestic violence restraining order
  • Anyone convicted of a misdemeanor crime of domestic violence

If you fall into any of these categories, possessing hollow points is a federal offense, but so is possessing any other ammunition or any firearm. The bullet design is not what triggers the prohibition.

Age Requirements to Buy

Federal law sets two age thresholds for ammunition purchases from licensed dealers: 21 for handgun ammunition and 18 for rifle or shotgun ammunition.4Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts These rules apply to hollow points the same as any other round, and a separate provision makes it unlawful for anyone under 18 to possess ammunition suitable only for a handgun.

A handful of states layer on their own rules, requiring a background check or a state-issued permit to buy any ammunition. If you’re in one of those states, expect to show ID or a permit at the counter regardless of what bullet you’re buying.

New Jersey’s Hollow Point Law

New Jersey is the only state that criminalizes civilian possession of hollow points. Under N.J.S.A. 2C:39-3(f), knowingly possessing a hollow nose or dum-dum bullet is a fourth-degree crime and can carry up to 18 months in prison.5Justia Law. New Jersey Revised Statutes Section 2C-39-3 – Prohibited Weapons and Devices

The statute has meaningful exemptions. You can keep hollow points at your home or on property you own, and you can transport them directly from the point of purchase to your home. Law enforcement officers are fully exempt, and so are people covered by N.J.S.A. 2C:39-6, which includes travel to and from shooting ranges and hunting areas.5Justia Law. New Jersey Revised Statutes Section 2C-39-3 – Prohibited Weapons and Devices Licensed dealers may stock and sell them at their business premises, and collectors with a valid federal Curios and Relics license may possess limited quantities.

In practice, a New Jersey resident can own hollow points for home defense and shoot them at the range. Carrying them loaded in a firearm outside those specific contexts is where people get charged.

Retired Officers and LEOSA

The federal Law Enforcement Officers Safety Act adds one more carve-out. LEOSA defines “firearm” to include “ammunition not expressly prohibited by Federal law,” and because hollow points are not federally banned, the Third Circuit has held that LEOSA preempts New Jersey’s ban for qualified retired officers carrying the required identification.6Office of the Law Revision Counsel. 18 USC 926C – Carrying of Concealed Firearms by Qualified Retired Law Enforcement Officers Active-duty officers were already exempt under state law.

City Ordinances and Range Rules

Even in states where hollow points are fully legal, a few cities restrict local sales. San Francisco, for example, prohibits the sale and possession of ammunition it classifies as “prohibited,” which includes hollow points. A federal appeals court upheld the sales ban under intermediate scrutiny, reasoning that the city had a legitimate interest in reducing lethality and that residents could obtain hollow points outside city limits. Ordinances like this are uncommon, but they can catch visitors and new arrivals off guard.

Some private shooting ranges also restrict hollow points for practical reasons. Certain indoor ranges prohibit expanding ammunition because it can fragment against their backstop materials and create ricochet or airborne lead problems. These are business policies, not laws. Check with a range before you show up with hollow points for practice.

Driving or Flying With Hollow Points

If you drive through multiple states, the Firearm Owners Protection Act gives you a federal safe-passage right. Under 18 U.S.C. § 926A, you can transport a firearm and ammunition through any state as long as you can legally possess them at both your origin and destination. The firearm must be unloaded, and neither it nor the ammunition can be readily accessible from the passenger compartment. Use the trunk if you have one. If you don’t, both must go in a locked container other than the glove compartment or center console.7Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms

The protection has limits. FOPA covers uninterrupted travel through a state, not extended stops. Checking into a New Jersey hotel overnight with hollow points in your bag may fall outside the safe-passage window, and some states read FOPA narrowly. Storing ammunition in a separate locked container from the firearm is the safest approach in restrictive jurisdictions.

Flying is different. TSA allows ammunition in checked baggage only. It must be packed in a container designed for ammunition, such as the original cardboard box or a plastic ammo case, and you must declare it to the airline at the ticket counter. Loaded magazines must be securely enclosed. Individual airlines set their own quantity limits, so check before you fly.8Transportation Security Administration. Transporting Firearms and Ammunition

How Ammunition Choice Plays in a Self-Defense Case

In most states, using hollow points in a lawful self-defense shooting creates no extra legal exposure. Police carry them for the same reasons homeowners buy them: they stop threats effectively and are less likely to pass through a target and hit someone else.

Prosecutors and plaintiff’s attorneys have sometimes tried to characterize a defendant’s ammunition choice as evidence of aggressive intent. A box with a provocative brand name can become a prop in an argument that you were looking for trouble rather than defending yourself. No law penalizes ammunition branding, but jurors are human. Carrying the same standard hollow point loads local law enforcement uses is the most defensible choice, because it removes the argument.

When to Call an Attorney

For most residents of most states, owning hollow points needs no legal advice beyond the standard ammunition purchase rules. The complicated situations are travel through New Jersey, relocation to a city with local restrictions, and any self-defense incident involving a firearm. If you’re facing charges tied to ammunition possession, an attorney familiar with your state’s firearms laws can identify the exemptions and defenses that fit your facts. Most people who get in trouble here didn’t own the wrong bullet. They crossed a state line without knowing the rules had changed.