All Copper Bullets - Restricted Ammo in VA?
Posted: Mon, 11 Apr 2011 12:26:14
This subject came up in another thread and I thought I would expand upon it for discussion here. VA Law classifies a bullet that's wholly comprised of a metal or metal alloy other than lead as restricted firearm ammunition when used in the commission or attempted commission of a crime. The penalty is a felony. See cite below:
http://www.barnesbullets.com/products/rifle/tsx-bullet/
http://www.shopcorbon.com/DPX-Handgun/200/200/dept
Now, you may be thinking that this is a non issue because this restriction and it's associated penalty only apply to use in conjunction with committing or attempting to commit a crime. Well, consider what could be a crime in VA and a simple scenario. First the crime - shooting on or across a road. The cite:
This bad law remains on the books. It should be expunged!
All copper bullets are pretty popular for both self defense and hunting in both rifle and handgun cartridges as well as stand alone products for reloading. For example:§ 18.2-308.3. Use or attempted use of restricted ammunition in commission or attempted commission of crimes prohibited; penalty.
A. When used in this section:
"Restricted firearm ammunition" applies to bullets, projectiles or other types of ammunition that are: (i) coated with or contain, in whole or in part, polytetrafluorethylene or a similar product, (ii) commonly known as "KTW" bullets or "French Arcanes," or (iii) any cartridges containing bullets coated with a plastic substance with other than lead or lead alloy cores, jacketed bullets with other than lead or lead alloy cores, or cartridges of which the bullet itself is wholly comprised of a metal or metal alloy other than lead. This definition shall not be construed to include shotgun shells or solid plastic bullets.
B. It shall be unlawful for any person to knowingly use or attempt to use restricted firearm ammunition while committing or attempting to commit a crime. Violation of this section shall constitute a separate and distinct felony and any person found guilty thereof shall be guilty of a Class 5 felony.
http://www.barnesbullets.com/products/rifle/tsx-bullet/
http://www.shopcorbon.com/DPX-Handgun/200/200/dept
Now, you may be thinking that this is a non issue because this restriction and it's associated penalty only apply to use in conjunction with committing or attempting to commit a crime. Well, consider what could be a crime in VA and a simple scenario. First the crime - shooting on or across a road. The cite:
A possible scenario: You have your handgun loaded with Corbon DPX ammo and are at your roadside mailbox retrieving your mail when a unleashed pit bull charges you with his teeth bared. You shoot. You may win in court with self defense, but you could be charged with a violation of the above as you shot within the right-of-way of the road. You could also be changed with a felony for using restricted ammunition during the commission of a crime (shooting in or across road or in street).§ 18.2-286. Shooting in or across road or in street.
If any person discharges a firearm, crossbow or bow and arrow in or across any road, or within the right-of-way thereof, or in a street of any city or town, he shall, for each offense, be guilty of a Class 4 misdemeanor.
The provisions of this section shall not apply to firing ranges or shooting matches maintained, and supervised or approved, by law-enforcement officers and military personnel in performance of their lawful duties.
This bad law remains on the books. It should be expunged!