In layman’s terms: 2A rights groups are suing to end New Jersey’s ban on hollowpoint ammo.
On Tuesday, February 4, Coalition of New Jersey Firearms Owners(CNJFO), Gun Owners of America (GOA) and Gun Owners Foundation (GOF) sued the State of New Jersey for its unlawful ban of hollowpoint ammunition.
New Jersey has many inane and unconstitutional gun laws, but the ban on hollowpoint ammunition (which it oddly calls “hollow nose or dum-dum” ammunition) is particularly unusual, applying to both handguns and long guns. Possession of such ammo is treated as being so egregious that a person is guilty of a crime of the fourth degree, punishable by up to 18 months imprisonment and a fine of up to $10,000.
The state offers a few, narrow allowances for possession (outlined in N.J.S.A. § 2C:39-6(f) and N.J.S.A. § 2C:39-3(g)(2)(a)) mostly limited to in one’s own home or on one’s own land, and while shooting at a rifle or pistol club. Transportation is a gray area.
Ultimately, because the state does not allow carry of long guns, the restriction puts residents who are carrying a concealed firearm at a massive disadvantage by removing the use of the most effective ammunition engineered for self defense. Naturally, in the three-tiered class system at work in New Jersey, law enforcement is exempt from this prohibition.
CNJFO board members made the following statement in a press release:
New Jersey heavily restricted the possession and transportation of hollow point ammunition, including bullets, in 1978 and is the only state with such a law in place which, we believe, clearly puts it at odds with the Second Amendment’s text “…the right of the people to keep and bear arms shall not be infringed.”
Erich Pratt, Senior Vice President of GOA, issued the following statement in a press release:
The government does not get to decide for Americans what kind of books they may read, what brands of firearms they may own, or what kind of ammunition they can use. New Jersey’s unconstitutional ban on hollow points for self-defense outside the home is yet another example of anti-gun politicians disarming law-abiding citizens while criminals ignore the law. Self-defense is an enumerated right, and GOA will fight to ensure that New Jerseyans are no longer left vulnerable due to senseless restrictions.
The case, known as Bergmann-Schoch v. Platkin, was filed in the United States District Court for the Court of New Jersey, on behalf of a private citizen, Heidi Bergmann-Schoch, joined by CNJFO, GOF and GOA. Also named in the lawsuit is the Superintendent of the New Jersey State Police, Colonel Patrick, J. Callahan.
The complaint points out the ahistorical nature of New Jersey’s ban:
While the hollow point was first introduced in the 1880s, New Jersey’s ban came nearly a century later in 1978. Today New Jersey remains the only state to criminalize the “bear[ing]” of hollow point ammunition.
Lacking historical precedent, the ban violates both the Second and Fourteenth Amendments to the United States Constitution. In such cases, it is the state’s burden to prove that any restrictions are based on Founding-era historical tradition.
The complaint sums up the situation quite succinctly, stating, “Consequently, New Jersey bans public possession of what is quintessential self-defense ammunition, in a handgun that is the ‘quintessential self-defense weapon.'” (Our readers will also remember that the Attorney General, Matthew Platkin is currently suing one of the most popular handgun makers, Glock.)
All of the major Second Amendment-related Supreme Court decisions are invoked in the complaint, including McDonald, Heller, Caetano, Bruen and Rahimi.
New Jersey is waging an all out war on law-abiding residents, attempting to disarm them by any means, including the ban of popular guns, effective self-defense ammunition, and banning carry in most public places. Continuing on the path to “the most disarmament we can achieve,” a bill was recently introduced in the legislature to require every member of a household be able to pass a background check in order for any member to be able to purchase a firearm.
