Hollow Points: Banned in War, Legal for Self-Defense — Here's Why

The Hague Convention

The Hague Convention of 1899, Declaration III (formally Declaration IV,3), was adopted on July 29, 1899. It prohibits the use of bullets "which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core, or is pierced with incisions."

The vote was 22–2, with the United States and Great Britain voting against. The U.S. delegation argued that expanding bullets were actually more humane than FMJ because they stopped combatants faster, reducing prolonged suffering. The irony: the convention banned the bullet type that most effectively stops threats, ensuring that military FMJ rounds overpenetrate and wound rather than incapacitate.

Why the U.S. Military Uses FMJ (Mostly)

Despite never signing the declaration, the U.S. military has generally adhered to its principles as customary international law. Standard-issue M882 9mm ball ammunition and M855 5.56 are both FMJ. The reasoning is partly legal caution, partly diplomatic: violating a widely observed norm invites criticism even if you're not technically bound by it.

The M1153 Exception

In 2017, the U.S. military adopted the M1153 Special Purpose round — a Winchester 147-grain JHP — as part of the Modular Handgun System program alongside the M17/M18 pistols. It is explicitly a hollow-point expanding round, designed for "situations where limited over-penetration is necessary."

Army lawyers determined its use does not violate the Hague Convention based on three arguments: the U.S. never signed Declaration III; the declaration only binds signatories in wars against other signatories; and modern conflicts are primarily against non-state actors not covered by the convention. The M1153 represents a significant policy shift — the first official U.S. military adoption of expanding pistol ammunition.

Civilian Legality: The New Jersey Problem

Hollow point ammunition is legal to purchase, possess, and carry in 49 states. The exception is New Jersey.

New Jersey (N.J.S.A. 2C:39-3(f)) prohibits possession of "hollow nose or dum-dum" bullets, with exceptions for home, target range, hunting, and direct transport to/from those locations. The penalty: up to 18 months imprisonment and $10,000 fine per cartridge.

Post-Bruen concealed carry permits have created evolving legal uncertainty in New Jersey. If you have a NJ concealed carry permit, the legal question of whether you can carry hollow points in public is actively being litigated. Consult a New Jersey firearms attorney before carrying JHP in public with a NJ permit.

Why Civilians SHOULD Use Hollow Points

The same properties that make hollow points controversial in warfare make them safer for civilian self-defense. Expanding bullets dump their energy into the target and stop, reducing the risk of overpenetration through walls, bystanders, and unintended targets. FMJ rounds — the "humanitarian" military option — penetrate 25–30 inches of gel and will go through multiple rooms of drywall.

Every major law enforcement agency in the United States uses hollow point ammunition for duty carry. The FBI carries Hornady Critical Duty 135gr +P. Most state and local agencies carry Federal HST or Speer Gold Dot. The consensus is universal: hollow points are the appropriate choice for any situation where overpenetration is a concern — which is every civilian self-defense scenario.

The Bottom Line