A cadre of gun-rights organizations has set its sights on New Jersey’s ban on the possession of common hollow-point ammunition outside the home for self-defense.
The Gun Owners of America (GOA), Gun Owners Foundation (GOF) and the Coalition of New Jersey Firearm Owners, alongside plaintiff Heidi Bergmann-Schoch, on February 5 filed a lawsuit challenging New Jersey’s unconstitutional ban on the purpose-made self-defense ammo. Bergmann-Schoch v. Platkin, filed in the U.S. District Court for the District of New Jersey, argues that the state’s restrictions violate the Second and Fourteenth Amendments by preventing law-abiding citizens from possessing and carrying the most effective forms of self-defense ammunition available.
“Despite being widely used by law enforcement and civilians across the country for personal protection, New Jersey’s draconian laws prohibit the possession of commonly used hollow-point ammunition outside the home, leaving residents to carry substandard full metal jacket ammunition instead,” GOA said in a press release announcing the action. “The plaintiffs argue that there is no historical precedent for such a ban and cite Heller and Bruen as key Supreme Court decisions affirming their constitutional rights.”
The complaint states: “New Jersey’s law operates to deprive ‘the people’ of their Second Amendment rights while outside the home, notwithstanding the Second Amendment’s protections. This Court’s intervention is necessary to make it clear to New Jersey that it is not free to thumb its nose at the text of the Second Amendment or the opinions of the Supreme Court and that the Second Amendment is neither a ‘constitutional orphan’ nor a ‘second-class right.’”
Erich Pratt, GOA senior vice president, said New Jersey politicians shouldn’t be involved in deciding what ammunition citizens of the state should be able to use for self-defense purposes.
“The government does not get to decide for Americans what kind of books they may read, what brands of firearms they may own, or what kind of ammunition they can use,” Pratt said. “New Jersey’s unconstitutional ban on hollow points for self-defense outside the home is yet another example of anti-gun politicians disarming law-abiding citizens while criminals ignore the law. Self-defense is an enumerated right, and GOA will fight to ensure that New Jerseyans are no longer left vulnerable due to senseless restrictions.”
Sam Paredes with GOF echoed Pratt’s thoughts, also pointing out that the restriction is actually dangerous for New Jersey’s lawful gun owners.
“This lawsuit is about holding New Jersey accountable for trampling on the Second Amendment,” he said. “Hollow-point ammunition is the gold standard for self-defense, and restricting it to usage only in the home does nothing to prevent crime—it only endangers law-abiding citizens. The state has no authority to pick and choose which tools Americans can use to protect themselves.”
Ultimately, the lawsuit requests that the court declare the contested provisions unenforceable, unconstitutional, and in violation of the Second and Fourteenth Amendments, as well as to permanently prevent enforcement of the law.
“A contrary conclusion—that the Second Amendment protects firearms but not ammunition—is akin to holding that the First Amendment protects paper, but not ink,” the lawsuit states.
