New Jersey Section 2C:58-10 – Incendiary or tracer ammunition

New Jersey’s Incendiary and Tracer Ammunition Law, 2C:58-10: What You Need to Know

New Jersey has a law, 2C:58-10[1], that prohibits the discharge of incendiary or tracer ammunition except for certain purposes. This law aims to promote public safety by restricting potentially dangerous types of ammunition. However, it does allow some exceptions.

What Does 2C:58-10 Prohibit?

The core of 2C:58-10 is this:

“No incendiary or tracer type ammunition shall be discharged anywhere in this State except for law enforcement purposes by law enforcement officers in the course of their official duties or by members of legally recognized military organizations during the actual course of their official duties in or upon military establishments or ranges constructed or maintained for such purposes.”

That’s a mouthful! Let’s break it down:

• It bans discharging incendiary or tracer ammunition in New Jersey, period.
• The only exceptions are for law enforcement officers doing their jobs, or military members on official duty at military facilities.

So in plain English, average folks can’t shoot incendiary or tracer rounds under 2C:58-10.

What Are Incendiary and Tracer Rounds?

• Incendiary ammunition contains chemicals that ignite upon impact. This allows it to set targets on fire.
• Tracer ammunition has pyrotechnic compounds in the base. When fired, these produce a trail of light so shooters can see the path of the bullet.

Both types are primarily military or law enforcement tools. For example, tracer rounds help soldiers visually confirm impacts on targets.

However, incendiary ammo especially raises public safety issues. Its ability to easily start fires makes it risky for civilian use.

Exceptions in 2C:58-10

While 2C:58-10 broadly bans discharging incendiary/tracer ammo, it does allow two exceptions:

1. Official Law Enforcement Use

Sworn law enforcement officers may use incendiary or tracer rounds while carrying out their duties. For example, an officer could load tracer rounds when responding to a barricaded gunman.

This exception lets police utilize special ammo for legitimate purposes like self-defense, while limiting risks to the public.

2. Shotgun Tracer Rounds on Shooting Ranges

The law also makes an exception for “nonincendiary shotgun tracer ammunition” on shooting ranges.

So for example, a skeet shooter could use shotgun shells with tracer elements to visually track their shot pattern. This may help them improve skills.

The “nonincendiary” part is key. Regular incendiary shotgun rounds would still be prohibited.

Reasoning Behind 2C:58-10

When looking at any law, it helps to understand the “why” behind it.

In the case of 2C:58-10, New Jersey has determined that unrestricted civilian use of incendiary/tracer ammo poses too much danger. Specifically:

• Fire hazard – Incendiary rounds can easily start accidental fires near homes/forests.
• Risk to people – Fragments from exploding incendiary rounds could injure bystanders.
• “Military” ammo – These technically advanced rounds are intended for combat, not civilian sport shooting.

So the logic is that by banning discharge outright, 2C:58-10 reduces chances of harm happening.

The included exceptions let certain trained personnel use tracer/incendiary ammo under controlled conditions.

Pros and Cons of 2C:58-10

As with any law, New Jersey’s approach has both beneficial and detrimental aspects.

Potential Pros

• Improved public/fire safety
• Less risk to innocent bystanders
• Still allows lawful use by police/military

Potential Cons

• Infringes on rights of lawful gun owners
• Difficult to enforce on private rural land
• Tracer rounds have legitimate sporting uses

So in an ideal world, perhaps there would be no need to restrict ammunition at all.

But in reality, New Jersey has decided the public safety benefits justify limiting incendiary and tracer rounds.

Penalties for Violating 2C:58-10

What happens if you break 2C:58-10 by illegally discharging tracer or incendiary ammo?

You could face prosecution under New Jersey’s unlawful possession of weapons and dangerous instruments law (2C:39-3).

Potential penalties include:

• Up to 18 months imprisonment
• Fines up to $10,000
• Mandatory minimum sentences

Fines and jail time would increase if convicted under other applicable laws too.

When Can You Lawfully Use Tracer or Incendiary Ammo?

Given the penalties, it’s vital to know when/how you can legally use restricted rounds under 2C:58-10.

Here are some key rules to avoid breaking the law:

• Never discharge incendiary ammo as a civilian, period.
• Only sworn law enforcement can use incendiary/tracer rounds on duty.
• The only exception for civilians is non-incendiary shotgun tracers on a skeet/trap range.
• You can legally possess restricted ammo, but cannot shoot it.

Stick to those guidelines and you’ll avoid issues with 2C:58-10.

Common Questions about New Jersey’s Tracer and Incendiary Ammo Law

Here are answers to some frequently asked questions about 2C:58-10:

Can I legally own incendiary or tracer ammunition?

Yes. 2C:58-10 only covers discharging or firing – you can legally buy and possess restricted ammo. But you cannot shoot it outside law enforcement/military duty.

What about flare guns or signaling devices?

There’s an exception allowing U.S. Coast Guard approved distress signal devices on boats/planes. So carrying a flare gun for emergencies is legal.

Could I hunt with incendiary shotgun slugs on private land?

No. Doesn’t matter if it’s public or private land – 2C:58-10 prohibits anyone except law enforcement/military from discharging any incendiary ammo period.

Do other states have similar incendiary ammunition laws?

Yes. Many other states like Texas, California, and New York also prohibit civilian use of incendiary and/or tracer ammunition.

What about online purchases of tracer/incendiary ammo?

It’s legal to buy restricted rounds online and have them shipped to New Jersey. But discharging them would still violate 2C:58-10.

The Bottom Line on New Jersey’s Incendiary & Tracer Ammo Law

While the legal jargon can make it confusing, the essence of New Jersey’s 2C:58-10 boils down to:

• Incendiary and tracer rounds are primarily for military/law enforcement use
• Discharging them as a civilian poses safety issues
• So there’s a near total ban on firing them outside official duties

The included exceptions let certain personnel use them on ranges or in their jobs.

Overall, 2C:58-10 aims to limit risky ammunition without imposing a blanket ban. Following the discharge restrictions keeps gun owners on the right side of the law.

Hopefully this overview gave you a better understanding of New Jersey’s approach! Let me know if you have any other questions on the incendiary and tracer ammo statute.