Is it legal to purchase a non compliant rifle out of state and have it shipped to a NJ FFL , have the NJ FFL do the compliant work (i.e.: pin stock , permanently attach brake, etc) ,  and then do the transfer to me ,  assuming an out of state FFL is willing to ship a non compliant rifle to a NJ FFL.

I'm no expert, but as long as the rifle is to NJ spec when you take possession, you're GTG.

Yes.

Correct.  I couldn't find one, either.  There is an exemption for licensed dealers to possess machine guns, handguns, and rifles/shotguns without first having a machine gun license, a permit to carry a handgun, or an FID card.  But I see no exemption to 2C:39-5f (possession of assault firearms) for anyone licensed as a firearms dealer in NJ.

ETA:  Shooter_556 - can you explain how it's legal?  2C:39-5f says any person who knowingly possesses an assault firearm is guilty of a 3rd degree crime.  What makes that not apply to an FFL?

Which is why I elected to not address that part of the question.
Seriously, how could someone make it compliant if they cant possess it?

I really would like to start pee testing people who write laws......

When I opened I was told by the state police to enter non compliant firearms into an assault weapon log book. From there I could either sell them out of state or transfer them to the gunsmith log book where I would note what was done to make the firearm compliant. Once compliance work was complete the firearm then gets transferred to the A&D log book and is then ok to sell or transfer in NJ. I was also told I could take possession of high capacity magazines and make them NJ compliant. I passed inspection and no dogs were harmed.

I gave my license back long before this current circus came to town .

Yeah I don't think there actually is an exemption for dealers possessing assault weapons anywhere in 2C:39, although N.J.A.C. 13:54-5.1 acknowledges they can.

I dont know the actual law but Im just using common sense. Tons of FFLs in NJ advertise and do compliance work. Many manufactures and FFLs in other states send non compliant rifles here all the time. Unless they are all breaking the law, the FFLs here are legally able to accept them and modify them before they are transferred to us.

I see:

One of these days, I need to find someone to explain to me the difference between the NJ statutes and the Administrative code.  The NJSA contains the laws as enacted by the Legislature - it seems the NJAC is written by the Executive branch as their interpretation of the actual laws.  I don't understand how the NJAC can permit that which the NJSA prohibits.

is there anyone on the planet that can explain that? you'd have a better chance of cracking 256 bit encryption...........

I think (but may be wrong) that a rifle entering NJ must be compliant before it arrives here.

Ok, found this :

NJ Assault Firearms

Police officers may possess assault weapons for duty purposes and may possess personal assault weapons with recommendation by their agency. FFLs are also allowed to possess "assault firearms."


Magazine Capacity

In New Jersey, it is illegal to possess any magazine that is capable of accepting more than 15 rounds for rifles/pistols and 6 rounds for semi-automatic shotguns. Police officers may possess these magazines for both personal and official purposes. FFLs may also possess these magazines.[20]

Ok, found this :

NJ Assault Firearms

Police officers may possess assault weapons for duty purposes and may possess personal assault weapons with recommendation by their agency. FFLs are also allowed to possess "assault firearms."


Magazine Capacity

In New Jersey, it is illegal to possess any magazine that is capable of accepting more than 15 rounds for rifles/pistols and 6 rounds for semi-automatic shotguns. Police officers may possess these magazines for both personal and official purposes. FFLs may also possess these magazines.[20]

Found where?

Im very confused by this thread. Maybe I'm just reading it wrong.

OP asked if he can have a non-compliant rifle shipped to an FFL in NJ, undergo work to have it made compliant, and then transferred to his possession. The answer is yes. Do people really think that a huge number of FFLs in this state are openly violating NJ gun laws? You think in a state like this, the police wouldnt crack down on these dealers advertising they can make rifles compliant if it was illegal for them to have it in their possession? Hell no.  Now are some out of state dealers wary of sending rifles in like this? Sure, but its not illegal. I have had both an AK and AR shipped to reputable dealers here to be made compliant. They pinned some magazines for me as well.

See my post above. Sometimes I think I'm invisible on here.

Yea I saw it. Straight from the horses mouth so I thought that would end it but I guess not.

Probably lol. No worries, thanks .

I bought a 6920 thru my FFL , he did the compliance work in his shop , apparently an FFL can take possession of a non compliant rifle

I'm no expert either but I dont think anyone selling a firearm,like Buds Gun Shop for example wont sell you a non compliant firearm to begin with,and the FFL wont accept it because it is an illegal firearm,I spoke to someone at Shooters in south Jersey about doing the same thing and they said "no way"

You are conflating company policy with law. A lot of manufactures wont ship to NJ to avoid the headaches of having dealers send the rifle back because the customer didnt know better about the AWB  or maybe the FFL doesnt do compliance work. PSA, AIM, Larue, BCM, etc.. are on that list. They just want to avoid potential problems. My FFL received my AK in non-complaint form. He shaved the bayo lug, pinned the slant brake, and took the 30 rd mag and pinned it to 15rd no problem.

Half the time Im at a dealer, guys are picking up lowers after having the stocks pinned in place, or having muzzle brakes welded on. If it was illegal for FFLs to accept non-compliant rifles, no one openly advertising compliance work would be in business. They would be shut down and in jail.

He found that off the wikipedia page for NJ gun laws. The page states what he said but those words cant be found under 2C. 2C says we can possess high cap mags for duty use but im pretty sure theres nothing about owning personal "assault" weapons with recommendation from our agency. In fact, if any I want to use high cap mags for my CCW thats not a department issued gun, i need a department letter saying im allowed to buy them.

police officers CANNOT Possess hi cap mags that are not issued from the dept.. but most do.. And lets not forget this
officer arrested

All because of a TRO. Thats a surefire way to get fucked no matter who you are. A sheriffs officer in 2015 was arrested as well for "assault weapons" in Middlesex County. Such acts force the PD's by law to take your shit and charge you for illegal items no matter who you are.  

Gotta love the title too, "Newtown" style.

and you wouldnt see half the rifles you see on the shelves if they couldnt accept them bc its not like every company fixed us compliant rifles just for these states. That being said theres some companies that wont even ship it if your billing address is in NJ regardless if your shipping is in lets say PA. Ive never ran into that issue but i know a place that wont even ship mag base plates that add additional rounds to ban states if your billing or shipping address is NJ or whatever ban state.

My two cents, but I am nobody special.

Any NJ Dealer (01 or 07) can accept NJ "Assault Weapons" as stated above. They are exempt for possessing for distribution to LEAs, Military, and LEOs with a letter. Per ATF Rule 2010-10, the compliance work MUST BE DONE by a manufacturer, because the firearm is being modified.

To quote ATF, "a dealer-gunsmith may make or acquire his/her own firearms, and repair, modify, embellish, refurbish, or install parts in or on those firearms. If the dealer-gunsmith then sells or distributes those firearms for livelihood and profit, the dealer-gunsmith is engaged in his/her own business of manufacturing firearms."

Technically, the firearms would be logged into the NJ SAW Book, modified, logged out and into the regular book for resale to Joe Blow Citizen, BUT ONLY BY a manufacturer, per the ATF. And of course, new manufacturing markings need to be applied.

But in reality, here's how it works. Or rather, how it is "officially" done. The savvy NJ FFL01 takes possession of the evil weapon, does the modifications to make it NJ compliant, then logs it into his regular book, as it is no longer a NJ "Assault Weapon". Federal Law 478.125(e) allows firearms to be logged in by the end of the next day. So technically, the firearm is in limbo during the modification period.

In an Interstate Transfer, as is being discussed here, one may bring up the argument that the customer is the owner, and that the FFL01 is acting as a gunsmith, and is legally able to modify the firearm per the ATF Ruling. But where does ownership begin? Payment, approved NICS, or a completed 4473. This is a gray area IMO.

Sometimes it is best to let sleeping dogs lie.