A Quick Guide To Hollow Point Bullets
Hollow point bullets, also known as hollow points, are designed with a characteristic depression or pit in the bullet’s nose, which gives the round its name. This design serves a specific purpose: to help the bullet expand on impact. Unlike full metal jacket or FMJ bullets, hollow points are engineered to create a larger wound channel upon entering a target. The expansion of the hollow point bullet results in a larger diameter of the bullet and causes more damage to the body than a regular bullet.
The head of a hollow point is typically made from soft lead, while the surrounding metal casing is made from a harder material like brass or copper. The soft lead is designed to help the bullet expand on impact, while the harder casing ensures that the bullet retains its form as it travels through the barrel of a gun. Hollow point bullets are often touted as being more effective than other types of bullets because they are less likely to pass through a target and harm bystanders or cause collateral damage. The bullets energy transfer damage, however, is more localized .
Another advantage of hollow point ammunition is that they are less likely to clog, which can happen when a bullet passes through an object such as fabric or leather before reaching a target. When a hollow point bullet does hit a barrier, the hole at the tip of the bullet can become clogged with debris, reducing or eliminating its ability to expand on impact. Many ammunition companies have responded to this issue by creating "double-tap" ammo, which consists of two bullets attached end-to-end by a disc or doughnut. This design was created to ensure that even if one round gets clogged, the next one should be able to expand properly on impact.
Hollow point bullets, just like other types of bullets, come in a variety of shapes and sizes, although the designs can vary greatly between manufacturers. The first hollow point bullet was created in 1864 by Louis Navratil, however not everyone in the shooting community was a fan of the invention. The U.S. Army did not use hollow point bullets in combat until the end of the 20th century.
Firearm and Ammunition Laws in Florida
Florida’s firearm and ammunition laws are governed largely by the 1997 Florida Legislature’s efforts to preempt the field of firearm and ammunition regulation to the state legislature, rather than local governments. The preemptive legislation was concerned with a patchwork of local ordinances that varied "among various political subdivisions [and] it is substantially burdensome for firearms dealers … to comply with all the regulations imposed by the various political subdivisions."
Section 790.33 is the category heading for the various preemptive laws enacted by subsections (1)-(6) dealing with different aspects of gun or firearm regulation. The preemptive acts found in subsections (1)-(6) include: local government (1); regulation of firearms and ammunition explicitly authorized by the legislature (2); regulation of dangerous weapons (3); firearm purchase or transfer (4); waste or distribution of firearms or ammunition (5); and the regulation of local government buildings (6).
In subsection (1), entitled Regulation of Firearms and Ammunition, the legislature provides that "[a] political subdivision of the state may not enact …
(b) New or additional licensing or regulation with respect to the transfer, private sale, delivery, or other disposal of firearms or ammunition, unless required by federal law.
(c) Any regulation of firearms or ammunition at a location classified as a sensitive place pursuant to this section, unless specifically authorized by the state pursuant to law."
The term "political subdivision" is defined in subsection (2) to mean "a county, municipality, special district, school board, or other local governmental entity." The term "sensitive place" is also defined in subsection (2) to mean "any place owned or leased by a municipality or other governmental entity or attended by a person for the purpose of receiving services or carrying out official business, including, but not limited to, any location designated or officially utilized for the purpose of emergency management operations, public health or safety, public or private education, parks and recreation, libraries, or public transportation."
In subsection (4), the legislature sets out its prohibition on licensing or regulating certain aspects of firearm purchase or transfer.
In subsection (5), the legislature prohibits the "establishment of a dangerous weapons registry" and the government’s "requirement of the private keeping or home storage of firearms or ammunition." A variety of exceptions is listed in the subsection (b)(1)-(6). Exceptions to subsection (5)’s prohibition include: (1) The prosecution of any "criminal offense, including abuse of a spouse or child." There is no indication of what prohibits the prosecution of an otherwise criminal act like domestic abuse would entail. (2) Registration of firearms or ammunition "in connection with a criminal investigation." There is no indication of how this exception would not be the same as what subsection (5) prohibited in the first place but the exception seems to be consistent under Article I, section 23 of the Florida Constitution, the Florida Constitution’s counterpart to the Second Amendment. (3) The establishment of a database containing "the names of persons prohibited by law from purchasing or possessing firearms or ammunition." This means that the state legislature allows a prohibition of purchases or possession by certain persons, but does not allow the system creating the prohibition against those persons to remain in the state’s database. (4) "A nonprofit recreational shooting range" and its regulation by a local government. (5) "Regulations or prohibitions concerning the discharge of a firearm to protect public health or safety." (6) "Regulations concerning the use of firearms or ammunition within any portion of the real property of any state or local governmental agency specifically designed for training for or competition in hunting, fishing, trapping, or sport shooting."
Hollow Point Bullets and Their Legal Status in Florida
Hollow point bullets are defined as any projectile whose forward end is designed for expansion through impact. Its design is intended to increase the bullet’s diameter upon impact. It should be noted that there are multiple different designs for both hunting and self-defense hollow point projectiles. There are some who say that the hollow point is preferred because it gives you more stopping power.
In the 1990s, Florida based law enforcement agencies adopted a hollow point bullet called the Black Talon which was labeled as "cop killer" ammo. The media reported that these bullets were armor-piercing which made them illegal. But the truth is that it is only the steel core and only certain types of armor piercing rounds which are illegal under 18 U.S.C. Section 922.
A Florida Case, State v. Williams, 691 So.2d 555 (Fla. 1997), focused on the Black Talon and if they were illegal. The defendant claimed that they were illegal in Florida. Florida law, Section 790.221(1), states: "a person may not manufacture, sell, or possess for sale or for use in the state any type of metal or metal-jacketed bullet whose core is comprised of, or whose jacket is comprised of, any of the following materials: Popylar, Kynar, Psycho-polymer, or Teflon; or Teflon, plastic, polyethylene, nylon, or other nonmetallic substance.
What this means is that it is illegal to manufacture, sell, or possess a polymer-tipped bullet or any bullet jacketed with a polymer or plastic material. There is no law in Florida, such as Section 790.221(1), that bans the manufacture, sale, or possession of hollow point bullets.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives does not maintain a list of banned ammunition. The ATF is only aware of state laws and regulations governing armor piercing ammunition which are prohibited under 18 U.S.C. 922. State laws and regulations should be checked individually for any restrictions on ammunition.
How Florida Laws Compare to Other States
There is currently no national law regulating the types of bullets people can use. Accordingly, there is a good deal of variation from state to state. Let’s take a look at the current law in Florida as compared to other states.
Florida is essentially an outlier statewide as the only state where citizens can shoot and carry hollow points in the open. Massachusetts has some laws that are a bit restrictive on the books regarding carrying and possessing these types of bullets, but it does clearly state that residents cannot carry or shoot hollow points. Arizona also prohibits carrying these types of ammunition with a slight caveat . In Arizona, the law applies to certain groups of people, namely those who have either a valid concealed weapons permit or a valid "special permit" that allows those people to carry concealed weapons, including those who carry hollow point bullets.
In Texas, residents are prohibited from carrying hollow points if they are committing a crime. However, if a citizen is not committing a crime, Texas law does not restrict their use, so cartridges can be used and carried. In Tennessee, hollow point bullets are banned for open carry, but residents can carry them concealed. This is in alignment with California state law and state law in Florida, as both of these states allow residents to carry hollow points concealed and prohibit them from carrying them in the open.
Penalties for Having Them Illegally
The repercussions of possessing hollow point bullets in areas where they are forbidden can be severe. Those who are found in illegal possession can potentially face a variety of serious charges, as well as harsh penalties.
In most areas, the unlawful possession of a firearm or ammunition can lead to a charge of criminal possession of a firearm. This offense can be classified as either a misdemeanor or felony, depending on the circumstances of the situation, and usually carries with it a severe fine and/or a period of imprisonment. For a typical first offense, an individual may only be charged with a misdemeanor, but subsequent offenses can be categorized as felony offenses and may lead to harsher penalties upon conviction.
In Florida, a penalty of up to a year in jail and a fine of up to $1,000 may be imposed on someone convicted of a misdemeanor charge for the unlawful possession of a firearm. A felony charge, on the other hand, could lead to up to 15 years in prison and a fine of up to $5,000.
If a non-permanent resident is arrested on a criminal firearm charge, they may also be subject to deportation. This includes anyone who is not a United States citizen and who does not have an immigrant visa. Additionally, all individuals found guilty of any degree of firearm crime can expect to face significant restrictions on their civil rights after their sentence has been served.
Recent Updates and Legal Arguments
In recent years, the regulation of hollow point bullets in Florida has remained largely consistent, with no major legislative changes or landmark court decisions on impact. However, the topic continues to be a common source of discussion for residents, lawmakers, and interested legal scholars and lobbyists. Because of the complexity of the current statutes, as well as the unusual nature of considering bullets as a legal entity separate from a firearm, not only is it difficult for the general public to have a firm grasp on the subject, but lawmakers certainly have a difficult time securing a clear consensus on how to proceed. Politicians often take an interest in new laws regarding gun ownership as a way to score points with constituents who have strong opinions on the matter – conservative voters tend to be in favor of reducing regulations for gun ownership. However, even conservative politicians have found the matter of hollow point bullets to be a complex and convoluted debate. Detractors of the use of hollow point bullets by law-abiding citizens and law enforcement personnel alike argue that they serve no purpose other than to inflict maximum injury. Advocates for the use of hollow points, on the other hand, commonly argue that in any circumstance where a gun is drawn, there is a potential risk of injury or even death, and that all gun owners reserve the right to have the best shot possible to defend themselves and their families . The most recent move to alter the landscape of the current regulations was a proposal made by a local politician in South Florida to ban the possession of hollow point ammunition by everyone but law enforcement and military personnel. He claimed that shooting a target with a hollow point would leave too many identifying characteristics and implications, which, he said, would give juries an easy decision in how to apply the law. It met with firm resistance, however, in the form of a counter-proposal from a local Democratic politician. His proposal would have had the opposite result: banning all gun owners from using the ammunition except for in target shooting environments. The measure received substantial pushback, however, because of the potential modifying effect it could have on the Second Amendment rights of Florida residents. The fact that the issue remains one of popular debate even among the most well-meaning of politicians is indicative of the fact that there are a range of divergent opinions on the matter. In sum, the legality of hollow point ammunition in Florida is relatively unchanged in terms of any real recent development, but the discussions continue unabated.