Understanding Georgia’s Legislation on Hollow Point Bullets

Hollow Point Bullets Explained

Hollow point bullets are characterized by a "hollow" or bowl-shaped tip within the bullet. They differ from full metal jackets, which are fully coated and closed at the tip, in that the contents of the bullet are open to the air at the tip, rather than fully enclosed. Hollow points are a type of soft point bullet with an open tip, which expands upon impact. This design increases the amount of damage done to the intended target. They are designed to force the end of the bullet to expand into a mushroom shape on impact with the target’s tissue or another soft material. This expansion then forces the front part of the bullet, or its "mushroom," to exert pressure on the bullet’s rear so that the force of the object it is impacting, such as skin or tissue , is sufficient to equal the force of the bullet itself. The expansion increases surface area and creates more friction on impact, thereby increasing the amount of energy absorbed by the target. Thus, hollow points create somewhat more lethality than other bullet types, such as the full metal jacket, although full metal jackets tend to create more fatality by means of internal damage. However, due to the mechanics of the bullet’s construction, a hollow point will require a higher level of force to expand upon impact with tissue, that a full metal jacket may not. The construction of the hollow point allows it to be more easily deflected off bone and other hard tissue, thus exerting its full impact force on softer tissue. They are most commonly used by law enforcement and military for self-defense and other close-quarters applications.

Georgia’s Firearm Laws Overview

Firearm and ammunition ownership is treated as a birthright in Georgia. The U.S. is recognized as the most permissive country for gun ownership in the world. Though anti-gun control proponents often cite statistics that undermine the effectiveness of more permissive gun laws, it cannot be denied that the Second Amendment rights enshrined in the Constitution are without parallel.
In Georgia, all transactions involving firearms and firearm-related accessories, including ammunition, are governed by the official Code of Georgia. These laws, spanning from licenses to eligibility requirements for gun ownership, are broad in both scope and flexibility. Georgia appears to be a fairly liberal state with regard to its gun laws.
Key Georgia firearm laws include:
Ammunition is generally defined as only that managed, developed, designed or employed for use in shotguns, rifles and handguns. Unlike some states, there are no regulations requiring such ammunition to be regulated, licensed or otherwise controlled.

Are Hollow Points Illegal in Georgia?

In Georgia, the use of hollow point bullets is generally legal. However, there are some restrictions based on the type of gun you are using and the type of ammunition you are using.
Georgia law does not restrict the possession or sale of hollow point bullets. Generally, these types of bullets, as well as full-metal jacket bullets, round-nosed bullets, and wadcutters bullets are legal.
Some states have restrictions on hollow points, but so far, Georgia has none. In fact, the Georgia Department of Natural Resources Wildlife Resources Division even states that hollow points can fall under the category of "any projectile that expands in size upon impact or flattens out" in a short list of legal buckshot projectiles. Additionally, one county, Muscogee, has made it illegal to use a hollow point bullet when hunting deer.
Outside of hunting regulations, there aren’t any laws about the types of ammunition you can use for your handgun or gun. Of course, check with each gun’s manual and possibly a licensed gun store or dealer to insure that you are not violating a warranty or other conditions of use on a handgun by using a hollow point.
Different guns also work better with certain types of hollow points. Trying to find the best match up is a matter of trial and error.

Hollow Points Compared to Other States’ Laws

The legality of hollow point bullets in Georgia is comparable to many other states that permit their use for self-defense. States such as Florida, Texas, and North Carolina share similar regulations for the possession and carrying of hollow point rounds. These jurisdictions generally allow their use provided that a citizen is legally permitted to possess the firearm in which they are loaded, but they may impose restrictions on their use in certain public areas.
A noteworthy exception is Massachusetts. In this state, civilian possession of hollow points is prohibited. Massachusetts law leverages a strict interpretation of a 1991 statute that states, "No person shall sell, or deliver, to any person for any reason other than use in a pistol or revolver, a bullet … designed for use in a pistol or revolver which expands or flattens upon impact." The law is barely enforced, but it has been argued that possession for self-defense is a valid exception.
New York presents a similar conundrum. Like Massachusetts, the law’s language certainly seems to limit the use of hollow points in a handgun for self-defense, but the state has yet to prosecute any citizen for possession of the round – although there have been cases in which an arrest report will indicate that officers suspect that the accused was actually carrying full metal jacket rounds.
California, however, is a different story. There, owners of firearms are clearly told not to use expanding ammunition in their guns. The state defines bullets as "projectiles that exceed 40mm in overall length, and bullets designed to expand upon impact with a target by mushrooming or fragmenting" and forbids their use through two provisions of the California Penal Code: one that addresses the "sale, manufacture, importation, or transportation into this state, or (2) The sale, manufacture, importation, or transportation within this state of a barrel, cylinder, revolver or other device that is substantially identical to a .50 BMG caliber rifle or cartridge."

What Gun Users Should Know Under Georgia Law

The current state of the law is that hollow point ammunition is a legal bullet. Owning it, purchasing it, and carrying it concealed along with your handgun is all perfectly lawful so long as it is not otherwise illegal to do so.
For most gun owners, this appears to be all that the statute means; that there are no other implications. Yet the Georgia Legalizes Hollow Point Ammunition Act of 2010 has practical implications that all gun owners should be aware of when carrying firearms.
Firstly, the statute specifically amends O.C.G.A. § 16-11-131, which deals with the handgun carry law, and describes usage or possession of a firearm in a party to a crime. While this caselaw existed before, many officers had not been aware of it, and therefore, may not have explained to citizens their ability to carry such ammunition. By the legalizing hollow point bullets in its description, it is clear that this was an implication of the legislation.
Furthermore , while it is not currently illegal to carry a firearm concealed with hollow point ammunition in Georgia, it is specifically made illegal in several other states. For that reason, this act has also indirectly affected the travel habits of many gun owners in Georgia.
A prime example would be traveling to South Carolina. South Carolina specifically prohibits possession of hollow point ammunition in O.C.G.A. § 16-31-120(B). Therefore, gun owners who have concealed carry permits must be sure that they do not pack hollow point ammunition in their vehicle if they are planning on traveling through or into South Carolina.
Gun owners may want to be cautious about openly carrying firearms in Georgia, slightly because they are not required to have a concealed carry permit to do so, but also because of public perception. People in Georgia have been known to be more accepting of gun owners who openly carry, as opposed to those who carry concealed.

Hollow Points: Recent Changes and Trends

In January 2013, a pre-filed bill to the Georgia State Assembly proposed to remove the existence of "hollow point" bullets in its entirety. The bill also sought to change the language of O.C.G.A. 16-11-125.1, the statute that governs Georgia concealed carry laws, to include the legal means of carrying a firearm whether hollow point bullets or full metal jacket bullets were used. The bill, HB 22, was later killed in committee on March 6, 2013.
The author of HB 22, Rep. Jason Spencer (R) (who is also a contributor in the Project Appleseed rifleman program) stated in a press release that "the situation warrants an immediate response." He later went on to say, "[t]he only purpose for conceal carry of hollow point bullets is to fatally wound an adversary." Rep. Spencer’s bill was in direct response to a recent shooting incident in New York City where two officers were hit by errant bullets after an unarmed woman was killed by a police officer when she reached for a sliding door to let the police into her apartment during the initial moments of a domestic dispute.

Expert Analysis and Opinions on Hollow Point Legislation

Eminent authorities have weighed in on the legality of hollow point bullets in Georgia.
The NRA, in a position paper titled "The Truth About Illegal Ammunition," asserts that "the ‘illegal’ ammunition frequently cited by the gun ban industry is hollow-point or expanding bullets used to increase wounding effects on a target." The NRA goes on to assert that:
The claim that hollow-point ammunition is illegal is based on a poorly worded Georgia law that makes a crime of possession of ‘ammunition with a projectile that expands upon impact.’ … There is no clear consensus among prosecutors and courts in the state as to the intent of this law, and no group of law enforcement officials have delineated standards under which alleged hollow-point ammunition may be analyzed to determine its legality.
The Prosecuting Attorneys’ Council of Georgia addressed the issue in an article entitled "Bullet Development: The Georgia Law on Hollow Point Ammunition," written by Nathan Deal , the council’s legislative counsel at the time. In the article, Mr. Deal stated:
Under O.C.G.A. § 16-11-131, it is illegal to purchase, sell, manufacture, possess, or cause or permit the delivery of ammunition with a projectile that expands on impact. The question has arisen as to whether the hollow point bullet, often called full-jacket or full metal jacket ammo, is a projectile that expands on impact…. Experts differ on the question of whether the hollow point is a projectile with a projectile that expands upon impact. Some assert that the hollow point is a projectile that expands on impact. Other experts assert that the hollow point bullet is not a projectile that expands on impact, but rather that it collapses into a projectile. Under the statute, each of these definitions makes the ammunition illegal in Georgia. On the whole, there does not appear to be a consensus among experts as to the definition of a projectile that expands upon impact. For that reason, the law is very difficult to interpret.