User Panel
Posted: 9/22/2015 12:58:46 PM EDT
This is majorly fucked up...
A New Jersey court told a man last week he cannot possess a vintage M1 Carbine handed down from his grandfather as it was an illegal assault weapon. The case involves Danny Burt, a Cumberland County resident who had his firearm collection impounded by the New Jersey State Police in April 2013 in conjunction with a temporary protective order as reported by NJ.com. Court documents show that Burt had a total of 21 guns and his firearms identification card picked up by authorities over two years ago. However, although the restraining order against him was dropped a month later and Burt moved to get the guns back, the courts found “that the M-1 carbine is an illegal weapon and is therefore improper to possess.” Burt argued the gun, acquired legally in 2006 from his grandfather who served in World War II, had considerable sentimental value to him and, in fact, he didn’t even know if it was in working condition, as he had never shot it. Nevertheless, prosecutors argued, “the weapon is contraband [which] can never be returned to [Burt].” Further, they moved to keep his entire collection over the M1 and revoke his FID, citing possession of the .30 caliber carbine was a second-degree felony in New Jersey, which would bar him from firearms ownership under the state’s gun laws. Although the court expressed sympathy for his plight and admitted Burt had no prior criminal history, they noted, “the gun in question is an illegal weapon under current New Jersey law,” giving the court “no alternative” but to grant the prosecutor’s request to forfeit Burt’s guns to the state over the M1. View Quote http://www.guns.com/2015/09/22/man-told-cant-have-gramps-m1-as-its-an-assault-firearm/ |
|
Fuck New Jersey.
I don't even want to drive there, much less want to live there. |
|
If it is legal for NJ to do this it is legal for any state or the federal government to do this. Free country my ass.
|
|
|
Although the court expressed sympathy for his plight... View Quote Yeah, I'm sure they were all torn up about it. |
|
View Quote FCC |
|
So they steal his other 20 guns over one that he hasn't been charged with having.
He should get Christie Kream to help him. |
|
|
Quoted:
This is majorly fucked up... A New Jersey court told a man last week he cannot possess a vintage M1 Carbine handed down from his grandfather as it was an illegal assault weapon. The case involves Danny Burt, a Cumberland County resident who had his firearm collection impounded by the New Jersey State Police in April 2013 in conjunction with a temporary protective order as reported by NJ.com. Court documents show that Burt had a total of 21 guns and his firearms identification card picked up by authorities over two years ago. However, although the restraining order against him was dropped a month later and Burt moved to get the guns back, the courts found “that the M-1 carbine is an illegal weapon and is therefore improper to possess.” Burt argued the gun, acquired legally in 2006 from his grandfather who served in World War II, had considerable sentimental value to him and, in fact, he didn’t even know if it was in working condition, as he had never shot it. Nevertheless, prosecutors argued, “the weapon is contraband [which] can never be returned to [Burt].” Further, they moved to keep his entire collection over the M1 and revoke his FID, citing possession of the .30 caliber carbine was a second-degree felony in New Jersey, which would bar him from firearms ownership under the state’s gun laws. Although the court expressed sympathy for his plight and admitted Burt had no prior criminal history, they noted, “the gun in question is an illegal weapon under current New Jersey law,” giving the court “no alternative” but to grant the prosecutor’s request to forfeit Burt’s guns to the state over the M1. View Quote http://www.guns.com/2015/09/22/man-told-cant-have-gramps-m1-as-its-an-assault-firearm/ View Quote No alternative my ass. The mental gyrations that I have personally witnessed a court jump through, in order to justify bad decisions is proof that they can do any god damn thing they please. I hope he learned his lesson about supporting democrats. |
|
|
Quoted:
But but but, Chrispy Creme assured us he is pro 2a View Quote If that dude was smart, he would appeal to Christie. If Christie were smart, he would take this up as a campaign cred. I'm willing to bet it's been brought up and quashed, though. I wonder if the court would still give the guy the gun if he offered to move. |
|
Quoted: Yeah, I'm sure they were all torn up about it. View Quote View All Quotes View All Quotes Quoted: Although the court expressed sympathy for his plight... Yeah, I'm sure they were all torn up about it. Saying "I'm sorry" while actively ass raping someone tends to looks insincere. |
|
How about KillDozers? Are they illegal? ETA: 21 #%$&@&$ seconds |
|
Reason #121354896347 as to why I want to get back out of NJ!
FNJ FCC FBHO |
|
Governor Fat bastard could fix this, if he wanted to.
But he doesn't because he's an anti-gun, un-american piece of fucking shit. |
|
This case looks like a good one for the Heller Foundation to me!
|
|
Quoted:
People's Republic of New Jersey strikes again. View Quote The People's Republic Of New Jersey struck in 1990 when they passed the Florio ugly gun ban and the M1 Carbine was on the list. Danny Burt is an extremely lucky individual if this is all that's going to happen. If they want, they can charge him for it. He'll still lose all the guns plus legal fees, plus a felony conviction that prevents him from voting or ever owning another gun. If he moves to Pennsylvania, he can buy all the guns he wants as long as this is the end of it. The wise strategy here is to STFU before they change their minds. |
|
Quoted:
If that dude was smart, he would appeal to Christie. If Christie were smart, he would take this up as a campaign cred. I'm willing to bet it's been brought up and quashed, though. I wonder if the court would still give the guy the gun if he offered to move. View Quote View All Quotes View All Quotes Quoted:
Quoted:
But but but, Chrispy Creme assured us he is pro 2a If that dude was smart, he would appeal to Christie. If Christie were smart, he would take this up as a campaign cred. I'm willing to bet it's been brought up and quashed, though. I wonder if the court would still give the guy the gun if he offered to move. In CA we had a recent court case that basically says if you can't legally own the gun you can transfer it to an FFL to sell it. |
|
|
Fuck New Jersey
Fuck Chris Christie Fuck the ATF FUCK OBAMA FUCK NEW JERSEY Oh yeah and FUCK NEW JERSEY!!! I can't wait to get out of this shithole. |
|
|
Take a lesson from the fundamentalist Christians.
EVERY TIME this happens several thousand protesters should show up at the courthouse to let the judges and politicians know they are wrong. It also works for the Occupy and BLM protesters, who have the Police and politicians too scared to move against them. |
|
|
Appellate court opinion here:
http://www.leagle.com/decision/In%20NJCO%2020150915252/STATE,%20IN%20THE%20INTEREST%20OF%20DANNY%20BURT'S%20WEAPONS Sounds like he stipulated in the trial court that he was in possession of an illegal weapon. Doesn't sound like a smart move, because once he agreed to that, the court's hands were tied at that point. It's a shitty law, but it was a pretty straightforward application of the law by the courts. |
|
Blow up his twitter:
https://twitter.com/ChrisChristie?ref_src=twsrc^google|twcamp^serp|twgr^author |
|
Quoted:
Take a lesson from the fundamentalist Christians. EVERY TIME this happens several thousand protesters should show up at the courthouse to let the judges and politicians know they are wrong. It also works for the Occupy and BLM protesters, who have the Police and politicians too scared to move against them. View Quote What, and lose every court case in the last 15 years? |
|
|
What part of NJ law does it violate?
Ah found it: N.J.S.A. 2C:39-1w which is a by-name listing. Algimec AGM1 type Any shotgun with a revolving cylinder such as the "Street Sweeper" or "Striker 12" Armalite AR-180 type Australian Automatic Arms SAR Avtomat Kalashnikov type semi-automatic firearms Beretta AR-70 and BM59 semi-automatic firearms Bushmaster Assault Rifle Calico M-900 Assault carbine and M-900 CETME G3 Chartered Industries of Singapore SR-88 type Colt AR-15 and CAR-15 series Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types Demro TAC-1 carbine type Encom MP-9 and MP-45 carbine types FAMAS MAS223 types FN-FAL, FN-LAR, or FN-FNC type semi-automatic firearms Franchi SPAS 12 and LAW 12 shotguns G3SA type Galil type Heckler and Koch HK91, HK93, HK94, MP5, PSG-1 Intratec TEC 9 and 22 semi-automatic firearms M1 carbine type M14S type MAC 10, MAC 11, MAC 11-9 mm carbine type firearms PJK M-68 carbine type Plainfield Machine Company Carbine Ruger K-Mini-14/5 F and Mini-14/5 RF SIG AMT, SIG 550SP, SIG 551SP, SIG PE-57 types SKS with detachable magazine type Spectre Auto carbine type Springfield Armory BM59 and SAR-48 type Sterling MK-6, MK-7 and SAR types Steyr A.U.G. semi-automatic firearms USAS 12 semi-automatic type shotgun Uzi type semi-automatic firearms Valmet M62, M71S, M76, or M78 type semi-automatic firearms Weaver Arm Nighthawk; |
|
|
|
How the fuck does an M1 carbine violate NJs scary looking guns ban?
|
|
Quoted:
Quoted:
What part of NJ law does it violate? The downside to state's righrs, eh? But states rights don't count when it's a 'right' NOT specifically spelled out in the constitution (ghey marriage) |
|
Here is the criteria for New Jersey. http://www.state.nj.us/lps/dcj/agguide/assltf.htm A semi-automatic firearm should be considered to be "substantially identical," that is, identical in all material respects, to a named assault weapon if it meets the below listed criteria: A. semi-automatic rifle that has the ability to accept a detachable magazine and has at least 2 of the following: 1.a folding or telescoping stock; 2.a pistol grip that protrudes conspicuously beneath the action of the weapon; 3.a bayonet mount; 4.a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and 5.a grenade launcher; B. a semi-automatic pistol that has an ability to accept a detachable magazine and has at least 2 of the following: 1.an ammunition magazine that attaches to the pistol outside of the pistol grip; 2.a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer; 3.a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned; 4.manufactured weight of 50 ounces or more when the pistol is unloaded; and 5.a semi-automatic version of an automatic firearm; and, C. a semi-automatic shotgun that has at least 2 of the following: 1.a folding or telescoping stock; 2.a pistol grip that protrudes conspicuously beneath the action of the weapon; 3.a fixed magazine capacity in excess of 5 rounds; and 4.an ability to accept a detachable magazine |
|
|
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.