NJ Possession of Ammunition Lawyer
Weapons Defense Attorneys for Clients Facing Ammunition Possession Charges in Bergen County, New Jersey
In New Jersey, the possession of certain forms of ammunition is illegal, while the purchase of handgun ammunition requires a valid Firearms Purchaser Identification Card, Permit to Purchase a Handgun, or Permit to Carry a Handgun. Understanding the legal requirements for ammunition possession and purchasing is essential to protecting yourself from unforeseen legal ramifications. You also must know which types of ammunition are outright illegal to possess in New Jersey unless you fall into one of the limited categories of exceptions. Otherwise, you may find yourself facing fourth degree criminal charges with a possible prison term if convicted. At The Tormey Law Firm, our attorneys are highly educated in New Jersey weapons laws and we regularly assist clients with issues ranging from firearms permit applications to criminal defense against weapons charges. Each and every year, we successfully defend clients in hundreds of weapons cases in counties across New Jersey, including those involving illegal possession of ammunition, unlawfully transporting ammunition, and possession of certain types of banned ammunition, such as body armor penetrating bullets and related charges like possession of high-capacity magazines.
Our legal team includes founder Travis J. Tormey, who was recently named among the top 10 Criminal Attorneys in New Jersey by the American Jurist Institute, as well as a former gun prosecutors and a former member of the Morris County Prosecutor’s Office’s Weapons Forfeiture Unit. We leverage our collective knowledge and experience to achieve the best possible results for clients charged with ammunition offenses across New Jersey, including in Bergen, Morris, Middlesex, Essex, and Hudson counties. Contact us today at (201)-614-2474 for a cost-free consultation.
Illegal Types of Ammunition in New Jersey
Body Armor Penetrating Bullets
New Jersey strictly prohibits the possession of body armor penetrating bullets if you are not a law enforcement officer or a member of the armed forces on active duty or traveling to or from a location of active duty. The possession of body armor penetrating bullets is considered a fourth degree crime, as explained in section N.J.S.A. 2C:39-3(f) of the New Jersey Criminal Code, which addresses Possession of Prohibited Weapons and Devices. Fourth degree crimes may result in a term of incarceration of up to 18 months for those convicted and a maximum fine of $10,000.
According to New Jersey law, the criteria for body armor breaching or penetrating ammunition are as follows:
- Ammunition primarily designed for use in a handgun, and
- Comprised of a bullet whose core or jacket, if the jacket is thicker than.025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale, and
- Therefore capable of breaching or penetrating body armor.
The severity of this charge is notable, as the state sees body armor as a crucial protective mechanism for law enforcement and others who serve and protect the public. The body armor they wear is intended to be bullet-resistant, offering additional protection against physical injuries and death. As such, bullets designed to penetrate body armor are seen as extremely dangerous.
Hollow Nose or Hollow Point Bullets
In New Jersey, it is also illegal to possess hollow nose or hollow point bullets unless you are engaged in one of the activities that are considered “exemptions.” These include: hunting, fishing, and target shooting. You may also possess hollow nose or hollow point bullets on your personal property or while traveling to or from a point of purchase. According to New Jersey law, a hollow point, hollow nose, or dum-dum bullet includes any caliber of cartridge whereby the projectile is designed to have an expanding front part that hits the target and then expands inside. Essentially, the whole bullet is not covered, allowing the nose area to be somewhat unenclosed by the metal jacket. This creates a “hollow” or groove in front of the nose. The intention behind the design is to maximize the damage inflicted upon the target. Possession of hollow nose or hollow point bullets is considered a fourth degree crime, punishable by a sentence to serve up to 18 months in New Jersey State Prison and a fine not to exceed $10,000.
Magazines Carrying Too Much Ammunition
New Jersey recently updated the law regarding how many rounds of ammunition may be contained in a single magazine. Previously, a high capacity magazine referred to a container with the capacity to hold more than 15 rounds of ammunition to be fed continuously and directly into a semi-automatic firearm. Per the changes applied in 2019, the number of rounds that an individual is allowed to legally possess within a single magazine has been reduced to 10. Possession of high capacity magazines constitutes a fourth degree crime, carrying a potential prison sentence of 18 months and a maximum fine of $10,000.
Purchasing Requirements for Ammunition in New Jersey
To purchase legal forms of ammunition in New Jersey, you may need a permit, depending on the specific type of ammunition that you intend to purchase. For instance, you do not need to display a permit if you are purchasing ammunition for a rifle, shotgun, blank gun, flare gun, nail gun, paint ball gun, or air gun. On the other hand, in order to purchase handgun ammunition, you must display a valid Firearms Purchaser Identification Card, Permit to Purchase a Handgun, or Permit to Carry a Handgun. Failure to do so is a fourth degree crime that may result in a NJ State Prison sentence of up to 18 months and a fine up to $10,000. Also, New Jersey strictly prohibits selling ammunition for handguns to anyone under the age of 21.
Laws for Ammo Storage while Transporting in NJ
If you plan to drive with ammunition in a vehicle in New Jersey, you must be sure to abide by the laws for legal storage during travel. Specifically, the ammunition must be kept out of the vehicle’s main cabin so as not to be readily accessed by the driver or any passengers. If there is not a separate part of the vehicle, like the trunk, then it must be kept in a locked case somewhere other than the center console or glove box. If you also have a firearm in the car at the time, the ammunition and the gun must be stored separately, with the gun also locked and unloaded in a separate gun case or secure container. An individual can be arrested and criminally charged for transporting their gun and ammunition magazines in the same gun bag or container. Any case must be locked and inaccessible to the vehicle’s occupants and any firearms and ammunition cannot be stored together. Violating the law in this regard could result in criminal charges and penalties.
First-Time Offenders Charged with Ammunition Offenses in New Jersey
First-time offenders charged with fourth degree crimes for violating New Jersey ammunition laws may be considered good candidates for Pre-Trial Intervention (PTI). This is a diversionary program for people with no prior convictions and offers a way to keep your record clear of convictions. If someone enters PTI, they are required to abide by the program’s conditions during a probationary period, after which the charges are dismissed. Keep in mind, the original charges and the arrest records are still accessible but these can be expunged six months after completing PTI. Then a person, can legally answer “no” when asked if they have ever been arrested on an application and can effectively pass a background check.
For those who are ineligible for PTI, probation may be another effective option to remain out of prison. Depending on the facts and circumstances of the case, a skilled criminal defense attorney may be able to negotiate for probation in lieu of prison. Probation terms are usually similar to PTI conditions, with the main difference being that a criminal conviction shows on your record, meaning you become a convicted felon. The benefits of probation include staying out of jail and being able to move on with your life without being derailed by a term of incarceration.
Contact our Hudson County Ammunition Defense Lawyers for Answers
If you have questions regarding ammunition in New Jersey or you are facing criminal charges related to illegal possession, purchasing, or transportation of ammunition, contact our New Jersey weapons attorneys for immediate answers. We always provide free consultations. Call (201)-614-2474 today.