NJ Ban On Hollow Point Ammo Challenged

A challenge to New Jersey’s prohibition on possession, transportation, and carrying of hollow point ammunition was filed yesterday in US District Court for the District of New Jersey. The lawsuit, Bergmann-Schoch et al v. Platkin et al, was filed on behalf of Heidi Bergmann-Schoch as the individual plaintiff along with institutional plaintiffs Coalition of New Jersey Firearms Owners (CNJFO), Gun Owners of America (GOA), and Gun Owners Foundation.

The suit alleges that New Jersey’s ban is “unconstitutional and ahistorical”. In particular, given Bruen and Heller decision held respectively the right to bear arms in public for self-defense and that the handgun is the most popular weapon “chosen by Americans for self-defense, to ban the most popular and effective self-defense ammo for a handgun is unconstitutional. Further, it is ahistorical in that there was never “an early American tradition of prohibiting the public carry of any type of ammunition, much less hollow point or self-defense ammunition.” New Jersey remains the only US state to ban hollow point ammunition for both handguns and rifles.

As we saw in the Brian Aitken case, New Jersey treats violations of the law regarding possession of hollow point ammunition very seriously. Aitken was sentenced to seven years in prison before having his sentence first commuted and then obtaining a pardon from then-NJ Gov. Chris Christie (R-NJ).

The lawsuit notes:

Making it a criminal offense to carry ordinary ammunition in ordinary handguns for self-defense, the “central component” of the Second Amendment, New Jersey’s ban operates to largely “confine the right … to the home[,] … nullify[ing] half of the Second Amendment’s operative protections,” even though “[m]any Americans hazard greater danger outside the home than in it.” Bruen, 597 U.S. at 29, 32, 33.

Heidi Bergmann-Schoch holds a valid New Jersey Permit to Carry a Handgun, is a firearms trainer and range safety officer, Second Amendment activist, and a coordinator for a chapter of The Well Armed Woman. Heidi had a guest post on this blog regarding the The Well Armed Woman program in June 2020. She is also a member of both CNJFO and GOA.

The suit argues that bullets and ammunition are arms under the plain text of the Second Amendment and that hollow point ammunition is in common use as defined by the Heller decision. It goes on to note that even in US v. Miller (1939) the Supreme Court held that “the possession of arms also implied the possession of ammunition.” They then go into an extensive discussion of the efficacy of hollow point ammunition versus ball or full metal jacket ammunition. It is noted that hollow point bullets are less likely to penetrate the body armor worn by law enforcement than FMJ ammo thus negating any argument that hollow point bullets are more injurious to law enforcement.

Count One says the ban on hollow point ammunition violates both the Second and Fourteenth Amendment to the Constitution and “conflicts with Bruen’s clear teachings.” Based on this, the court is asked to find N.J.S.A. § 2C:39-3(f)(1) unenforceable and unconstitutional. A permanent injunction enjoining the NJ Attorney General, the head of the State Police, and all other officials responsible for enforcing the ban on possession, transportation, and carrying of hollow point ammunition is sought along with attorney fees and court costs.

Representing the plaintiffs are Steven J. Harfenist of Lake Success, NY and noted 2A attorney Stephen Stamboulieh of Olive Branch, MS.

Mailing A Free Magazine Saves NRA Members Over $100,000

If you are a voting member of the NRA and get your magazine in the mail, you know that the February issue contained your official ballot to vote for the Board of Directors. However, if you normally subscribe to a digital edition on one of the official NRA magazines, you may have expected to receive your ballot by First Class Mail.

Not this year!

All voting members who subscribe to a digital version of the official NRA magazines will receive or have already received a paper copy of the February magazine. Don’t toss it aside as just another magazine that came in the mail as it contains your official ballot to vote for the Board of Directors!

NRA Publications staff did an analysis on the cost of sending ballots given the rise in USPS First Class postage. The cost of sending a 1 ounce letter has gone from 68 cents in February 2024 to the current 73 cents. This was a 7.3% increase from 2024. NRA staff found that by switching to mailing the ballot in a complimentary printed copy of the magazine that they would save over $100,000.

Kudos to the Publications staff for doing this analysis and saving members this significant amount of money. It is my hope that all other departments within the NRA are adopting this budget conscious approach to expenses. The more they save, the sooner the organization will be back on a sound financial footing.

To reiterate: all official ballots this year will come in a paper copy of the official NRA magazine regardless of how your normally subscribe to the magazine.

Some Lawyers Are Just Scum

Last night there was a mid-air collision between a US Army Blackhawk helicopter with three crewman onboard and an American Airlines commuter jet with 60 passengers and 4 crew onboard. It happened as the commuter jet flying from Wichita, KS was on final approach to Reagan DC National Airport. A number of the passengers on the commuter jet were figure skaters, their coaches, and family returning from a development camp following the US Figure Skating Nationals. The DC Fire and EMS Chief has said he didn’t believe there were any survivors for either aircraft.

This is a tragedy any way one looks at it. It is a time for prayer for the victims and their families and a time to begin the investigation so mishaps like this don’t happen again. As of now, we don’t know why one collided with the other but just that they did.

With this as background, you will understand my anger and disgust at receiving an email at 10:39PM yesterday from a public relations flack for a Chicago personal injury law firm. The email asked whether I wanted to interview or request a further statement from attorney Robert Clifford, a supposed aviation attorney, of the Clifford Law Firm. Clifford is identified as the lead counsel in pending litigation against Boeing concerning a crash from six years ago that left 157 dead. His bio states, “Mr. Clifford has represented those injured or killed in every major commercial airline crash in the U.S. in the last four decades.”

The firm’s website says the firm and its attorneys are “Recognized leaders in personal injury and wrongful death case litigation in medical malpractice, train, bus, construction, transportation, aviation litigation, and other matters.”

The email, other than stating the obvious that the NTSB will be involved, is a thinly veiled attempt to get in front of the victims’ families and sign them up as clients.

This is disgusting. I have heard of ambulance chasing but this takes it to another level. At 10:39PM last night, we were still holding out hope that rescuers might have found some passengers or crew alive.

As I said in the headline, some lawyers are just scum. They can pretty it up by saying how they do this or that for charity or the legal profession but that is just window dressing.

Endorsed By Tony Simon

I am honored to be endorsed for the NRA Board of Directors by my friend Tony Simon. He is one of the leaders in the 2A movement in New Jersey. His 2A4E Diversity Shoots bring new people into the fold and that is what is needed especially in a state like New Jersey.

I want to thank Tony for the endorsement!

Ballots have started to arrive in mailboxes around the country. I have heard from friends in Texas, Alabama, and New Jersey who have received their ballots. The Complementary Spouse and I are still waiting on our magazines with the attached ballots.

If you are a voting member of the NRA, vote! We cannot change the NRA from its old ways unless enough people who are eligible vote. In most years, the percentage of eligible voters is less than 5%. Even municipal elections for dogcatchers and coroners do better than that!

Vote YES On NRA Incorporation Amendment

A number of questions have been asked about the vote to amend the NRA’s incorporation to specify that it is a “non-charitable organization.” This has led to some confusion on what is the proper vote.

Sec. 201 of the New York Not-for-Profit Corporation Law defines a non-profit either as a charitable corporation or a non-charitable corporation. New York revised the law in 2014 and all previously incorporated non-profits were deemed charitable corporations. They previously had defined them as Type A, B, C, and D depending upon the purposes of the corporation. The NRA was considered a Type B non-profit as a social welfare organization. Under the Internal Revenue Code, the NRA is a 501(c)(4) organization which allows them to engage in political lobbying and other political activities. By contrast, a true charity is a 501(c)(3) organization and is forbidden to engage in those activities.

The Board of Directors voted to recommend the amendment as it brings the NRA federal and New York State statuses into agreement. Moreover, while not stated within the Board’s resolution, it also exempts the NRA from the requirement to have certain transactions including amendment of corporate purposes approved by the New York Attorney General or a New York court.

All things considered, a YES vote is called for in this case.

The Board’s resolution which gives more detail is below:

What To Do If You Don’t Receive Your NRA Ballot

Ballots for the 2025 NRA Board of Directors election should be arriving this week in the official journals (Am Hunter, Am Rifleman, Shooting Illustrated, and America’s First Freedom). For those who take the magazine in digital format, you should be receiving your ballot in the mail.

However, what should you do if neither the magazine or the ballot arrives? I asked NRA Secretary John Frazer this question and here is his answer.

Any issues involving damaged or potentially lost ballots should be reported to the regular Membership phone number at 1-800-672-3888. One of the staff there will take a full report so that we can assess each situation individually.

As you correctly note, especially early in the process, people should wait a couple of weeks before reporting their ballots as lost. The mail does get backed up from time to time. If the current run of weather continues, we can probably expect more delays.

The one thing to remember is that you can only vote for 28 candidates. This includes the two write-in candidates – Charles Brown and Paul Babaz. Any votes over that amount will spoil your ballot and cause it to not be counted.

We are encouraging voting members to vote the entire slate found at ElectANewNRA.com. The rationale has changed from bullet voting as has been urged in the past. The new rationale of voting a full ticket of 28 reformers is to close any opportunity for one of the old guard aka Friends of Wayne aka the cabal to slip back into office. If your conscience doesn’t allow you to vote for any one particular candidate on the reform slate, I might suggest Mark Shuell as an alternative candidate. I have spoken with Mark and his heart seems in the right place. He is not part of the cabal’s list of endorsed candidates.

Greg Buchel Of Big Horn Armory Gets It!

Greg Buchel is the president and owner of Big Horn Armory. His company makes some of the most interesting pistol caliber lever actions on the market. Want something in .500 S&W, you got it. Maybe something a little smaller such as .454 Casull but with a 16″ octagonal barrel and fancy wood? He’s got you covered.

Thus, I think it notable that he just sent out a letter to all his customers endorsing the Elect A New NRA slate of candidates. Greg is Benefactor Life Member who got tired like so many of us of supporting Wayne’s excesses and he wants those who supported that former status quo gone.

Here is his letter:


More Info on Candidates and Issues

Regards,

Greg Buchel
President
Big Horn Armory, Inc.

I want to thank Greg for taking this step. I doubt he will the only one within the firearms and shooting industry to say this but it takes fortitude to step up and put your company’s name behind it.

You should be getting your ballot in the mail this week with your magazine. If you subscribe digitally, it will be coming in the mail.

Olin Buys AMMO, Inc.’s Ammunition Manufacturing Assets

Olin Corporation, the parent company of Winchester Ammunition, announced today that they entered into an agreement with AMMO, Inc. to purchase AMMO’s small caliber ammunition manufacturing assets. The purchase price was $75 million.

From the announcement:

The acquisition includes AMMO’s brass shellcase capabilities and their world-class, 185,000 square foot production facility located in Manitowoc, Wisconsin, constructed in 2022. The Manitowoc facility and its employees will complement Winchester’s existing production capabilities, enabling greater specialization and broader participation across high-margin specialty calibers. Once fully integrated with Winchester’s industry-leading economies of scale and integration across the commercial ammunition value chain – from raw material sourcing, to projectiles, primers, and loading capabilities – the acquisition is anticipated to yield realized synergies of $40 million.

AMMO, Inc.’s 8-K filing with the Securities and Exchange Commission notes that after the completion of the sale of their ammo business the company will continue to operate their GunBroker.com online marketplace business.

The sale of the ammunition business to Olin is scheduled to be completed in the second quarter of 2025. Ken Lane, Olin’s President and CEO, said of the purchase, “We expect the Manitowoc assets to generate $15 million to $20 million of incremental adjusted EBITDA in the first year and, by the third year, we expect to have paid less than two times adjusted EBITDA.”

It sounds to me like Olin’s Winchester Ammunition just got themselves a bargain.

Insofar as AMMO, Inc. is concerned, their stock (POWW) closed up 12% today.

Battle For Permitless Concealed Carry In NC Starts Again

Grass Roots North Carolina is restarting the battle for permitless concealed carry in North Carolina again. It starts with a petition to the Republican leaders of the North Carolina House and Senate calling on them to start committee hearings and floor votes to bring this legislation forward. No bills have been filed as of yet as the House and Senate do not convene until January 29th.

People can also sign this petition electronically and it is actually much easier to do it that way. GRNC’s goal is a minimum of 1,000 petitions to present to the GOP leaders of the General Assembly. As I write this, they are 25% of the way to their goal.

You may remember that HR 189 – Freedom to Carry NC Act – had passed its first two readings in the NC House back in 2023 and was headed to a third and final reading when the bill got pulled. As I said at the time, you had your choice on who to blame for the bill being pulled. It could have been then-Speaker Tim Moore who insisted on a training component regarding the use of deadly force, it could have been Sen. President Pro-Tem Phil Berger who had said enough gun bills had been passed, or it could have been the NRA who objected to the bill at the last moment due to the training component.

Frankly, the NRA should never have objected to the bill even with the training component and that is one of the reasons I am running for the NRA Board of Directors. I am determined to see NRA-ILA “play nice” with other 2A organizations even on bills that didn’t originate with them. Objecting to the bill was a NRA v1.0 move and one that NRA 2.0 will hopefully never do.

USPS Expected Delivery Dates Are A Joke

I should have known better than to rely upon the USPS and their Priority Mail service.

I had some postcards printed up for my campaign for the NRA Board of Directors. As I have chosen to attend the Safari Club International Convention this coming week instead of the SHOT show, I asked a couple of friends who were going to the SHOT Show if they would distribute a handful of these postcards for me there. Being wonderful people they agreed.

Thus, I sent a handful of postcards to each of these friends by USPS Priority Mail on Wednesday, January 15th. The Postal Service says Priority Mail has a 1-3 business day delivery time. They even offer tracking on stuff sent by Priority Mail for no extra charge. One package was supposed to be delivered on Friday and the other on Saturday. I should have been covered even if one didn’t arrive on time.

I should have used something more reliable such a UPS, FedEx, or even the old Pony Express.

Neither package has been delivered to either of my friends and they both are now winging their way to Las Vegas. The kicker is that both packages arrived at the respective USPS regional facilities on Friday afternoon. Both regional facilities are less than 40 miles away from the final destination.

Monday is a Federal holiday for MLK Day so the earliest these will arrive now is Tuesday.

USPS delivery dates rank right up there with “I’ll respect you in the morning” and “I’m from the IRS and I’m here to help.”