Possible Fud? CCW and Hollow Points

[Air]

First off, I don't carry concealed as I don't have a permit, so I am not asking this so I can break the law, it's basically a curiousity question....

I have a friend claiming that carrying a Concealed Weapon with Hollowpoints in California (without permit) is an automatic felony, but carrying with ball ammo would be considered a misdemeanor. I was under the impression that a first offense is a misdemeanor, after that the penalty is worse...regardless of the ammo.

He also claims that possesion of a non registered 'Assault Weapon' is a misdemeanor, and I was under the impression it is a felony.


Thanks in advance.

[liketoshoot]

IIRC he's wrong all the way around, there is nothing illegal about HP ammo in a licensed CCW holders gun, and an unregistered AW is a felony.

[Dr Rockso]

Possession of an unregistered AW is a wobbler; transporting it is a felony. The HP vs ball thing is totally wrong, and carrying concealed without a permit is also a wobbler.

[Hayashi Killian]

I have a friend claiming that carrying a Concealed Weapon with Hollowpoints in California (without permit) is an automatic felony

If you carry concealed, you can carry whatever sort of ammo you want in it as long as it's legal (so no AP handgun ammo). FMJ, ball, HP, SP...go wild.

He also claims that possesion of a non registered 'Assault Weapon' is a misdemeanor, and I was under the impression it is a felony.

If it is a wobbler as Dr Rockso claims, I guarantee a DA will treat you as if you just raped an entire family, tortured them, killed them, burned down their home, and blamed it on the dog. So yeah, they'll push for a felony and make your life hell. Don't even try it.

[Buck'emDown78]

This sounds like a pretty retarded discussion with your friend. If he is already breaking the law carrying a weapon without a permit, why would he even worry about the ammo?!?

Thats kind of like worrying about parking in a handicapped space while robbing a bank.

[U2BassAce]

Hollow points will have no bearing on how he would be charged.

The handgun being registered to him, or not registered to him would.

[Cokebottle]

There's been a fair amount of FUD spread on some of the biker forums lately due to cops cracking down (read harassing) some of the clubs. Even something as simple as one of those frilly whips attached to the handlebars has "wobbled" right into a 10 year felony charge because they're squeezing RICO for all it's worth whether it applies or not.
Most of the FUD (and some of it justified paranoia) is in relation to knives.

Even though a sheath knife is perfectly legal when OC, conventional wisdom among bikers who know their stuff is that it is screaming "arrest me for something".
There has even been cases where concealed folders have been charged as a felony.

[bwiese]

He also claims that possesion of a non registered
'Assault Weapon' is a misdemeanor, and I was under
the impression it is a felony.

Simple *possession* of an unregistered AW is a "wobbler": it can be charged as a felony, misdemeanor, or a civil nuisance.

Transport, manufacture and transfer of an unregistered AW has no wobbler and is a felony.

This is why someone finding himself in possession of an illegal AW should NOT try to move it out of state - he'll jump from the frying pan into the fire. It should be immediately disassembled down to the receiver level and a lawyer should be contacted to arrange for a surrender to LEO agency in exchange for no charges.

[HCz]

I have a friend claiming that carrying a Concealed Weapon with Hollowpoints in California (without permit) is an automatic felony, but carrying with ball ammo would be considered a misdemeanor. I was under the impression that a first offense is a misdemeanor, after that the penalty is worse...regardless of the ammo.

FUD. Type of ammo has no bearing on the charge. However, from what I heard somewhere, New Jersey does make the distinction.

[Cokebottle]

FUD. Type of ammo has no bearing on the charge. However, from what I heard somewhere, New Jersey does make the distinction.

Ya, type of ammo is only going to come into play in court. Definitely the civil case, possibly the criminal case depending on the DA.... especially if you're still using up your old stock of Black Talon "cop killer" bullets (you know, the ones that explode on impact and send shards of sharp plastic all over the target's body ).

But JHP is defensible, especially when backed up by departmental policy or CLEO guidelines regarding caliber and type of ammo. In researching CCW, one county's guidelines potentially make it less likely for issuance of CCW if the caliber/ammo is less than JHP in .38sp +p or 9mm +p, with .45 preferred.

That's reminds me... I need to order some more Speers

[Knauga]

HA HA! There was a time (not long ago) when the San Bernardino County Sheriff's Dept had you sign a form stating that you would only carry modern factory hollow point defensive rounds while you were carrying under a CCW issued by them. That has since gone by the wayside, but they still tell you that they expect that you will carry modern factory made defensive ammunition.

[Cokebottle]

defensive ammunition.

This reminds me of something I've encountered in several shops....

Why is it that shop employees/owners have a problem with the term "Hollow points"?
Any time I've used that term, they've gently corrected me that it is "defensive" or "personal defense".
A couple of times their eyes have gotten pretty big when I've asked for Federal Hydra-Shocks (but they sold them to me )

Heck... the freaking box says "JHP"... I would think I should be able to ask for JHP without having to use a PC term.

[leelaw]

Unless those HPs are also tracer ammo, it's no more illegal than unlawful carrying of a loaded concealed firearm.

In the case of lawful CCW, HP or ball doesn't matter, and are both legal (notwithstanding other ammunition restrictions, like pistol AP or any tracer).

In the case of lawful UOC, having the magazine loaded with HPs is also not a crime in and of itself.

[sirnonz]

FUD. unless the JHP's are armor piercing or tracer rounds

[evidens83]

Preference of ammo is all up to you wether it be FMJ or JHP!