What Are Hollow Points?
Hollow point bullets are a type of ammunition distinct for their conical shape, which includes a recessed tip or a hollow point. The hallmark of this ammunition is that it expands upon impact. What sets these bullets apart from the simple full metal jacket variety commonly used in target practice or by novice marksmen? The design of a hollow point bullet is intended to minimize the risk of "over-penetration . " What this means is that when the bullet strike its target, its impact causes the bullet to expand and create a larger wound channel, thus keeping most of the energy of the round within the target. One of the basic reasons why this design is favored is that it reduces the risk of penetrating a secondary object, such as a wall or a harmless bystander. It is not uncommon for individuals to discharge a weapon in an indoor range or in a home for self-defense against an intruder, and the likelihood of the round remaining on target is usually a foregone conclusion.
Gun Laws in Pennsylvania
Pennsylvania has a complicated set of laws related to the use of firearms that every gun owner, shooter, and enthusiast should be aware of. At the federal level, firearms and ammunition are regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and bear the familiar markings found on most modern ammunition. State firearms laws only supplement federal laws; they do not replace them. Nevertheless, shooters should be aware of what is legal and illegal at the state level. In Pennsylvania, concealed carry firearms permits are issued by county sheriff’s offices. Pennsylvania does not recognize concealed carry permits from other states for reciprocal reasons.
While there are no restrictions on hollow-point ammunition for use and possession in Pennsylvania, there are restrictions on who may have possession of firearms. Although gun rights are often protected in state constitutions, certain individuals are prohibited from owning firearms. Under Pennsylvania law, these individuals include:
Penalities for violating these laws vary widely, but can include both prison sentences and monetary fines.
There are a number of requirements that state law places on firearm owners that go beyond federal regulations. Some of these requirements include:
Overall, though, these regulations place few restrictions on possession for Pennsylvania gun owners.
Legality of Hollow Points in Pennsylvania
In Pennsylvania or the City of Philadelphia, it is not illegal to own or possess hollow points. The Pennsylvania Uniform Firearms Act makes no distinction between ammunition types, covering all in a definition that states that the law applies to "all firearms and ammunition heretofore or hereafter made, whether or not such firearms are supplied by the United States government, and all parts thereof, and all ammunition therefor." 18 Pa.C.S. ยง 6101.
In Philadelphia, the Firearms Regulation Law of 2008 also does not mention hollow points. The Ordinance defines a firearm as "any pistol or revolver, any shotgun or rifle having a barrel or barrels of a length less than sixteen inches or, in the case of a shotgun, eighteen inches, or any weapon made from a shotgun, whether by alteration, any weapon prescribed by the Philadelphia Code in Chapter 10-1101, Firearms, or any handgun."
While Section 6120 of Title 18 (a preemption statute prohibiting local governments from "regulating the lawful ownership, possession, transfer, sale, transport, open carry or conceal carry of firearms", etc.) is applicable to ordinances or resolutions enacted after the effective date of the Pennsylvania Uniform Firearm Act, the Firearms Regulation Law of 2008 was passed prior to June 19, 1995. Commonwealth v. Bricker, 851 A.2d 210, 212-13 (Pa. Super. Ct. 2004).
The last reference to hollow points in Pennsylvania case law is a 2003 Superior Court decision, Commonwealth v. Serrano-Rivera, 829 A.2d 370, 373 (Pa. Super. Ct. 2003), which held that the deadly weapons definition contained in Section 908 of Title 18 for firearms encompassed shoulder weapons containing ammunition with a variety of projectiles, including hollow points. "Because the common understanding of the words ‘any projectile which expands or flattens upon impact’ includes any hollow point bullet, we hold that a hollow point bullet is a projectile which expands or flattens upon impact with a hard object," the court said.
Special Cases and Exceptions
A few exceptions exist, especially for those who want to carry in a public setting. The act of carrying a hollow point is subject to certain limitations when applied to the following:
– Philadelphia: It’s important to note that the city of Philadelphia maintains authority to establish its own specific ordinances concerning gun control and firearm laws. For instance, Philadelphia prohibits citizens from carrying hollow points in the city with a permit; the same goes for armor-piercing, incendiary or tracer rounds. Hence, the act of carrying a hollow-bullet weapon is a violation of city ordinance.
– Public parks and sidewalks: A public park does not permit the open-carrying of hollow bullets. The reason is that it is generally thought that there may be children or unguarded adults nearby during use.
The open-carrying of hollow bullets on sidewalks is prohibited because of the safety risks of firing a weapon in a busy place.
– Schools: No one with a valid license to carry a concealed weapon is permitted to carry either a ball or hollow-point bullet on a school premise or on preschool grounds. Some universities and colleges have passed policies banning the carrying of any type of bullet on campus. Thus, bullets are restricted inside a school, even if you’re licensed.
A Closer Look: Hollow Points Compared to Other States
When confronted with the often confusing wasteland of gun regulations, it is refreshing to note some common ground among states that may differ broadly in other areas of law. When it comes to hollow points, our neighboring states basically follow the same general policy as Pennsylvania.
Both New York and New Jersey have specific limitations on the use of hollow point bullets for hunting purposes. New York prohibits their use for deer, bear, turkey, and moose while New Jersey restricts them for deer, elk , and black bear. Both states categorically bar the use of hollow points with a muzzleloader but permit their use with a shotgun provided they do not exceed 1/2 ounce in weight for 20 gauge loads or 3/4 ounce in 12 gauge loads.
New York and New Jersey have similar restrictions on the use of hollow points for target shooting as well. New York allows a maximum of five hollow points per box while New Jersey limits their use as a local ordinance permits (not exceeding 1 full magazine).
Only Maryland specifically prohibits the use of hollow points in self-defense. The state of West Virginia has no restrictions on the use of hollow points and, like most of the Northern Tier, will honor a concealed carry license issued in Pennsylvania. Ohio, Virginia, and Connecticut will also do the same with a Pennsylvania license and have no restrictions on the use of hollow points. Maine, Vermont, and New Hampshire will also honor Pennsylvania licenses but have no regulations on the use of hollow points.
Safety Precautions and Ethical Implications
Hollow points, or expanding bullets, are designed to expand and mushroom open upon impact. The argument is that they will usually hit harder and cause more damage, and that they might prevent an attacker from continuing to charge at you. Some believe they remove the possibility of the bullet passing through the intended target to strike a person or object behind the intended target (the greatest danger in the home most would argue comes from an intruder as opposed to a neighbor or person on the street). Others argue that these bullets can cause a lot of pain to the person being shot, and that the pain adds unnecessary cruelty to the defensive shooting experience. Guns and ammo are still to be used as a tool of the last resort to stop a life-threatening force. If in a civilian exchange of gunfire with a home invader, it also carries the potential of impacting an innocent bystander, especially if on a location where you are in contact with other homes. The moral debate continues on.
Gun owners should consider the possible repercussions of using a hollow point in your home or business and use these bullets only when necessary. The law has a preference for the least damaging amount of force and ammunition that still accomplishes the goal. Hollow points can be lots of things: more damage to the person shot (creating doubt on your intent of self-defense), possibly missing the intended target and striking someone else (the suits for wrongful death of the neighbor will follow behind the emergency vehicles), and of course the fact that they cost more than non-expanding rounds.
Conclusion: Gun Responsibility in Pennsylvania
In conclusion, understanding the legality and implications of using hollow point bullets in Pennsylvania is essential for any gun owner or enthusiast in the state. As we have explored, hollow points, designed to expand upon impact to create a larger wound channel, are not inherently illegal in Pennsylvania. However, their legal use is strongly tied to the intent and circumstances of their application. In situations where self-defense may be necessary, having hollow point ammunition on hand, and being knowledgeable of the laws surrounding its use, can not only offer the advantage of effective self-protection, but it can also demonstrate preparedness and responsibility if defensive action is ever required . As with any legal matter, it is always wise to educate yourself on the regulations that pertain to your situation to avoid any possible legal ramifications. Although hollow points are permitted under Pennsylvania law, this does not mean that they are the optimal choice for every single purpose, which is why having a full range of ammunition types is important for any responsible gun owner in the Commonwealth. In addition, always keep abreast of the current applicable laws, as gun laws do change, and what might be permissible one day may not be the next. A great way to do this is to visit your local government’s website on gun ownership and to also consult resources from reputable firearms organizations.