New Jersey may have slipped up while defending its ammo ban
Attorneys for the state of New Jersey may have made a significant error while trying to fend off a Second Amendment challenge to the state’s ban on civilian possession of hollow-point ammunition in most circumstances.
The state prohibited civilians from carrying the rounds, which are almost universally used by law enforcement, in public as part of a 1978 overhaul of its criminal code, the only state to maintain such a restriction. In a lawsuit filed in February 2025 by Gun Owners of America (GOA) and other pro-Second Amendment organizations on behalf of Heidi Bergmann-Schoch in the United States District Court for the District of New Jersey, the groups sought to have that prohibition thrown out as a violation of the Second Amendment.
“New Jersey must show a broad and enduring historical tradition, circa 1791, denying Americans’ right to carry a firearm, loaded with ammunition used by all other Americans in other states, outside the home for self-defense,” the initial complaint said. “Because New Jersey cannot make such a showing, the challenged restrictions violate the Second Amendment.”
“By invoking the international law of war and the practices of the U.S. military, Defendants hoist themselves with their own petard,” a reply brief filed Thursday adds. “Defendants’ sources prove that HPBs do not cause ‘unnecessary suffering,’ nor are they restricted for use in warfare. Rather, HPBs were originally developed for hunting, and are widely used by military and police units, and tens of millions of American citizens – nationwide.”
Hollow-point ammunition has been widely used by law enforcement and civilians for personal protection and other lawful purposes for decades. In a 1994 video interview, Massad Ayoob, a police officer who was an expert witness in the use of lethal force in self-defense, explained why hollow-point rounds were preferred for personal protection.
“I think the history both of military battle and police gunfight shows us that hard ball round that is, jacketed round nose, for jacketed round nose round, the nine-millimeter is justly infamous as an impotent man stopper and the .45 [ACP] is justly famous as, eh, being a pretty good man stopper,” Ayoob said in the interview, going on to note that both rounds tended to “perforate” – that is to exit the body of the target and potentially harm bystanders.

