Legality of Hollow Points

[SBD]

I have a simple question but using the search engine on these forums netted me nothing that I was looking for so here it is (hopefully not a repeat):

I know hollow points and other expanding bullets (except those which have an explosive charge in them) are legal to use. However in the defensive (non-LEO) shootings that have occurred has anyone encountered or know of a prosecutor or department trying to hang them for using an expanding bullet instead of FMJ? If there is a chance that I could be persecuted (yes I meant to spell it that way) for using an expander I would sure like to know about it in advance. I hate political correctness but unfortunately the law and those who abuse it for personal ideals or gain are sometimes in charge.

 

[Rod Snell]

However in the defensive (non-LEO) shootings that have occurred has anyone encountered or know of a prosecutor or department trying to hang them for using an expanding bullet instead of FMJ?

Only in New Jersey, which prohibits carrying hollow points, and as a matter of fact, nearly prohibits personal carry (CHLs are severely limited). They do not recognize any other state's license, so you can't carry there anyway.
The closed-nosed Federal expanding bullets are legal there, even. IANAL

A common opinion is that using the same ammo as your police departments pretty much removes ammo as a subject of discussion in a shooting, although there certainly is no legal requirement to do so. The real concern in OK is whether you were shooting "in imminent danger of serious injury or death to you or yours."

 

[Stephen Cue]

There has been no civil case to set any precedence in Okla. regarding hp's.

As far as criminal, the law would have to change before anyone could be prosecuted for using them.

Maybe Mike will know of a related case

 

[SBD]

I figured as much but I just want to be cautious. I know New York only allows ball ammo which is stupid and dangerous. I really don't hold much by what folks up there think anyway. New York will wind up being one of the first to implode should something happen to infrastructure or food or anything for that matter....oops...I feel a rant coming on....got...to....stop. Anyway I only carry hollow points because as my CCW instructor said "You own those bullets until they stop". I want them to stop IN the threat and not hurt anyone else.

 

[SBD]

Just to clarify. I was asking for instances. I do use HPs but a relative won't due to fear of a persecutor using it against him in court. I recently became concerned about it because of an article I read about it in other states. There is a lot of good intentioned advice out there about defensive ammo and I have read good arguments for both expanding/frangible and ball but no evidence that either has resulted in some outcome in a DA decision or court (in Oklahoma). We do know with scientific certainty that HPs are more effective and less likely to cause collateral damage. Unfortunately the law isn't a physical thing, is sometimes subjective and at times completely ignores common sense.

 

[Michael Brown]

It will not be an issue in the vast majority of jurisdictions if the shooting itself was good.

By itself, it means absolutely nothing.

If you are going to be prosecuted, it won't be simply because of your ammunition choice unless that ammunition is illegal.

You can expect a prosecutor to raise any and all potential issues, valid or not, if you are going to be prosecuted but this should not stop anyone in Oklahoma from using hollow point ammunition.

I have never heard it raised as an issue in any criminal prosecution in Oklahoma.

Michael Brown

 

[338Shooter]

In OK, you can't be held criminally solely for the choice of legal bullets including hollow points. Also, if it is ruled a good shoot you are shielded from civil action as well. No reason not to carry HP ammo unless it is in a .380 or smaller pistol.

 

[jarhead983]

... Anyway I only carry hollow points because as my CCW instructor said "You own those bullets until they stop". I want them to stop IN the threat and not hurt anyone else.

I have read in the USCCA magazine where prosecutors have argued both sides of the HP/Ball argument. If they want you, they will try everything. The best advice is to insure you have a clear reason to shoot in the first place.

In regards to HP of Ball, I use both. My carry magazine holds HP’s, my extra mag is loaded with ball. I figure if I screw up the 1st shots the perp will be in cover. If I have to stay put and fight it out, I want to be able to punch through as much as my caliber will handle.

 

[SBD]

You are correct. It absolutely must be a legal shooting. Good advice. Excellent take on things guys. Thank you for the replies. I think I am done with this one unless someone has something else to add. Much appreciation.

 

[Michael Brown]

In regards to HP of Ball, I use both. My carry magazine holds HP’s, my extra mag is loaded with ball. I figure if I screw up the 1st shots the perp will be in cover. If I have to stay put and fight it out, I want to be able to punch through as much as my caliber will handle.

Depending on your caliber and jacket type in the ball ammo or hollow point, chances are that your ball ammo doesn't penetrate most physical CONCEALMENT any better that your JHP's do.

If your adversary is behind COVER, then it doesn't matter what you carry since bullets do not penetrate cover.

I believe that to be an important distinction and everyone should have some idea what common physical concealment items YOUR carry rounds will penetrate.

Michael Brown