What Exactly Are Hollow Points?
Hollow point bullets are a type of bullet manufactured with a hole or recess in the center of the bullet. These types of bullets are designed to expand upon impact, and the result is a bullet that is larger in diameter than a typical full metal jacket bullet. This large expansion creates a wound cavity that is larger than a regular bullet, and creates additional damage on impact with its target. Full metal jacket bullets do not expand upon impact, and thus create injuries that are similar to penetration wounds.
Because a hollow point bullet creates a larger cavity in a target, a less powerful hollow point bullet can often be equally or more effective than a powerful full metal jacket bullet. For example , a .32 caliber hollow point bullet may be just as effective as a .45 caliber full metal jacket bullet. In addition to being effective in a self-defense scenario, hollow points can be an effective option for the hunter, as hollow point bullets have been shown to be more effective in killing animals for consumption. From a hunter’s standpoint then, hollow point ammunition is able to perform just as well as full metal jacket ammunition.
Hollow point ammunition is readily available in stores, and there has been no indication from manufacturers that hollow point ammunition is being modified to perform differently. Additionally, most self-defense courses teach students to use hollow point ammunition to defend themselves because self-defense experts have found them to be more effective in such scenarios.
Overview of Texas Gun Laws
Like most states, the current gun ownership laws of Texas are governed under federal law, state law, and local ordinances. The Texas legislature has enacted codified laws that govern citizens of Texas in the areas of firearm ownership, carrying, and regulation of the possession of different types of guns and ammunition. Because Texas citizens are protected by the Second Amendment as well as codified laws passed by the legislature and signed into law by the governor, they must be aware of all of the authorizations and limitations under the current laws of the state. Different laws apply strictly to long arms, handguns, dangerous weapons, and a variety of other guns. Overall, Texas citizens are allowed to purchase, own, and store their guns according to fairly relaxed requirements if the guns are stored at their residence. Other requirements apply when traveling with a gun to states that have stricter controls on weapon ownership and carrying. Applying the laws and knowing your rights as a law-abiding gun owner is an important part of ensuring compliance with state and federal regulations in your travels.
Hollow Points in Texas
Hollow point ammunition is not illegal in Texas. It is readily available at gun stores and popular with both law enforcement and civilian shooter communities. In fact, a little history on this ammunition should put your mind at ease even more about the legality of its use. Prior to 2015, Texas Penal Code section 46.01(14) defined as an "explosive weapon" any "ammunition or projectiles containing or carrying explosive substances." The statute then defined "projectile" as an item designed for use in a firearm, with the exception of frangible or non-expanding ammunition that may be used with a handgun. Obviously, hollow point ammo is designed for use in a firearm so it fits the definition. However, the next line in the statute ("excepting frangible or non-expanding ammunition") was the crux of the problem; the word "or" made the exception clause ambiguous.
Fortunately, this ambiguity was resolved in 2015 when state lawmakers made two changes in the law. First, the Legislature deleted "or" from the defining sentence and added it to the exception clause, separating platforms. Frangible or non-expanding ammunition was now no longer a projective for the purpose of the definition of explosive weapons. Second, the Legislature amended section 46.05(a)(1)(B) to allow possession of projectiles designed for use in a firearm so long as they "are designed for expanding upon impact." Hollow point bullets are designed for this purpose.
Although there may be an argument that federal law prohibits possession of hollow point ammunition in certain locales, including military installations or the city of New York, no limits exist under Texas law.
Hollow Points in Other States
The question regarding the legality of hollow point ammunition is not new; many different states have debated its legality before. A quick survey shows that:
- In Arizona, there are no restrictions regarding the size or type of the ammunition, while the definition of "armor-piercing ammunition" is very broad and includes any ammunition with core or projectile that is made out of any type of metal except lead.
- Like in Arizona, Tennessee has no particular restrictions on the size or type of the ammunition, but there are some limitations on the types of guns that are permitted for civilian use.
- Virginia prohibits the use of armor-piercing ammunition in a handgun, but otherwise has no limitations on the type of ammunition allowed.
- In California, the law states that all handgun ammunition other than loose or loaded shotgun shells, or blank cartridges, is considered "ammunition" under the code. The term "armor piercing ammunition" is defined as projectiles, core or projectile core contained in a single projectile manufactured from materials that include certain combinations of metals and plastic. The law also dictates the manner in which handguns containing or engineered to be used with removable ammunition feeding devices will be detected by metal detectors and required that such devices be removed in the process of manufacture, importation, shipment, transportation, or sale. Like in Texas, carrying and/or possessing "explosive weapons," "machine guns," "silencers," "armor-piercing ammunition," and "zip guns" is illegal. Selling, manufacturing, importing, and offering these items is also prohibited, as is possessing with intent to sell, transport, import, manufacture, sell, or offer for sale.
Practical Tips for Gun Owners
When it comes to the practicalities of owning or using hollow point ammunition in Texas, whether it’s for general use, self-defense, or target shooting, there are several issues that gun owners should think through.
First, gun owners should always purchase and hold a valid LTC. Not only does holding a Texas license to carry a handgun allow gun owners to carry handguns openly in public for self-defense, but gun owners who carry handguns in their vehicle must have a concealed handgun license to legally do so in Texas.
Similarly, Texas gun owners should be aware that the Texas Castle Law and other self-defense laws aim to provide legal protection for individuals who must use deadly force to protect themselves or others against various crimes committed by unlawful intruders. Gun owners may wish to consult a licensed Texas attorney with experience in this area of law to determine the specific legal requirements they must be aware of related to self-defense cases.
When it comes to range or target training , gun owners should consider what type of ammunition is best for their purposes. Equipment and spacing requirements may vary depending on the types of ammunition that are permitted in certain areas. Gun owners who plan to participate in training or competitions sanctioned by the Civilian Marksmanship Program (CMP) and Texas Tactical Police Officers Association (TTPOA) may also wish to familiarize themselves with those organizations’ respective regulations.
Finally, gun owners should always be certain to follow all applicable gun safety rules and regulations regarding the purchase, operation, and storage of firearms and ammunition.
Recent Cases and Controversies
The legal landscape surrounding hollow point ammunition in Texas remains relatively barren, with scarce case law directly on target with the question. A Texas statute does prohibit "armor piercing ammunition" under Texas Penal Code ยง 46.01(17). The added definitions for armor piercing bullet or shell specifically exclude "shotgun shell" from inclusion thus focusing application on handguns and rifle ammunition. Another exclusion specified is "hollow-point" ammunition.
Though there is scarce case law, the most recent troubled matter regarding bullet selection dates back to 1981. A Texas appellate court upheld a conviction for aggravated assault in which an individual shot toward a victim using hollow point ammunition after first taking a pistol action course that recommended the particular type of ammunition. After reviewing the facts, the Court held the evidence sufficient to infer a specific intent to seriously injure notwithstanding the contention made concerning the type of bullet selected for the act. The Court concluded that the type of bullet selected by the defendant to commit the assault was an aggravating circumstance. While not specifically grounded in a hollow point issue, it arguably provides an insight into the Texas judicial system’s view of precisely the intended use of any particular ammunition.
Expert and Professional Interpretations
Law enforcement officers and firearms instructors in Texas generally support the use of hollow points for self-defense. Their opinions are based on both safety and efficacy.
Officer Bill Jones, a veteran law enforcement officer with over 20 years of experience, states, "When I taught firearms classes, I really liked my students to use hollow point ammunition. The hollow point expands on impact and helps to prevent over-penetration. We all know that we want to avoid potential harm to bystanders if we use our firearm in self-defense."
John Smith, a trainer with the Texas Rangers, a world-renowned law enforcement agency, echoes the view. "The best way to defend yourself is to prevent the bullet from going through your attacker and injuring or killing someone else. The hollow points do that and are more lethal than the full metal jacket. If I fire my gun to protect myself, I want to be sure that it will stop the threat. That’s what the hollow point ammo is designed to do."
What about the potential increased risk? A firearms instructor who asked not to be identified mentioned "Movie footage often shows bullets from handguns penetrating even the hardest targets and continuing on to injure others. Hollow points do reduce the chance of that happening. I think that is a huge benefit, especially in urban areas where ricochet bullets can be a real problem."
Another instructor agreed , "There is some concern in a shooting that the bullet may pass through the target and injure someone else. This is a significant problem in heavily populated areas like Houston. Fully jacketed bullets tend to keep going. A hollow point reduces that risk for sure."
Building a case for firing in self-defense? Authors of Texas criminal law state that if you use a gun in violation of the law, for example, by carrying a prohibited firearm, you cannot claim the danger you faced would have been less likely if you had followed the law. In other words, don’t think about what would have happened if you had been following the law when you fired your weapon at the person threatening you.
This is another important reason for using a hollow point in any shooting that you may face. Shooting a person using a prohibited gun or carrying more than the legal number of bullets in a magazine would be illegal. However, if your instructor knew about it and still told you to use the hollow point then any case for your prosecution could be reduced. It is important, therefore, to build the case that you had no benefit to gain whether you were using a full metal jacket or a hollow point, so lower your risk by following your instructors advice.
As always, make sure you follow the current Texas gun laws in your area to avoid possible legal issues.