Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Arrow Left Previous Page
Page / 2
Posted: 4/21/2019 8:27:10 AM EDT
Asking for a friend. But really asking for a friend. Ha.

AR, with brace, VFG and OAL of 26 or more.

Not a rifle. Not a pistol. Not an SBR even if the barrel is less than 16".

So in NY it can have all the evil features. Including detachable mag.

Legal in NY...but NJ?
Link Posted: 4/21/2019 8:53:39 AM EDT
[#1]
If the barrel is rifled, it is a pistol.
Link Posted: 4/21/2019 7:39:25 PM EDT
[#2]
With a 16 inch barrel it's a pistol?
Link Posted: 4/21/2019 8:31:22 PM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
With a 16 inch barrel it's a pistol?
View Quote
"Originally manufactured to be fired with one hand".  Your installation of an aftermarket AFG wouldn't change that.
Link Posted: 4/21/2019 8:57:31 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
"Originally manufactured to be fired with one hand".  Your installation of an aftermarket AFG wouldn't change that.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
With a 16 inch barrel it's a pistol?
"Originally manufactured to be fired with one hand".  Your installation of an aftermarket AFG wouldn't change that.
Uh no. An AR lower is purchased / manufacturered as an Other. A lower is not designed to be fired from the shoulder...or with one hand. Adding a VFG'd upper and a brace make it...nothing covered by AWB laws in NY.

Wondering about NJ.
Link Posted: 4/21/2019 11:47:14 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Uh no. An AR lower is purchased / manufacturered as an Other. A lower is not designed to be fired from the shoulder...or with one hand. Adding a VFG'd upper and a brace make it...nothing covered by AWB laws in NY.

Wondering about NJ.
View Quote
I'm telling you how it would be interpreted in NJ.  My quote was directly from the NJ statutory definition of "handgun".  NJ gun laws are purposefully vague, to allow for the widest possible interpretation by the prosecutors and judges.

I understand your argument, and I agree with it.  A judge would not.
Link Posted: 4/22/2019 8:09:52 AM EDT
[#6]
Well that sucks. Not sure how a gun with a brace and a VFG can be considered "originally manufacturered to be fired with one hand"...when the VFG is clearly meant to be gripped with a 2nd hand to support the weight of the heavy gun...but ok.

I understand the fear, and I am no NJ law expert...but you can't let an incorrect interpretation scare you away. And nothing quoted so far has proven these illegal.
Link Posted: 4/22/2019 9:24:16 AM EDT
[#7]
https://www.thefirearmblog.com/blog/2016/10/18/aow/
Link Posted: 4/22/2019 9:48:20 AM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
https://www.thefirearmblog.com/blog/2016/10/18/aow/
View Quote
What we are talking about is not an AOW that costs $5 for the tax stamp. That would be a braced AR, LESS than 26" OAL, with a Vertical foregrip.

This is a true Other...a non category. It is a braced gun, 26" oal or MORE..and a vertical foregrip.

Not meant to be fired with one hand so not a pistol. Not meant to be shouldered so not a rifle. Not less than 26 inches so not an AOW/concealable weapon.
Link Posted: 4/22/2019 12:16:33 PM EDT
[#9]
Okay. Got it now.

You're talking about building a "Franklin Armory XO-26" type firearm, and asking if it would be legal in NJ, despite the fact that it is Federally legal.

Well, the "Shockwave" type firearms were given the okay. I don't see why these would not be. I suggest your friend get it in writing.

Of course, it would have to be made in another state, unless he is a manufacturer.
Link Posted: 4/22/2019 2:35:40 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Okay. Got it now.

You're talking about building a "Franklin Armory XO-26" type firearm, and asking if it would be legal in NJ, despite the fact that it is Federally legal.

Well, the "Shockwave" type firearms were given the okay. I don't see why these would not be. I suggest your friend get it in writing.

Of course, it would have to be made in another state, unless he is a manufacturer.
View Quote
Yes...same thing as the X0-26.

And yes, if the Shockwave shotgun is legal in NJ, then so are these AR15 "others." Same exact principle.

Regarding manufacturing...Buying a stripped AR lower in NJ and making it into "something" is not allowed? I know people in NJ who have made ARs from stripped receivers...is that a no go anymore?
Link Posted: 4/22/2019 2:55:38 PM EDT
[#11]
Brain fart again. Assembly is still allowed, so far.

ETA: So, theoretically, the assault weapon ban on rifles, pistol and shotguns would not apply, as this is neither of those.
Link Posted: 4/22/2019 3:26:49 PM EDT
[#12]
Yeah that is what I was asking...

Does NJ have some strange law that bans a gun that is not a rifle, not a pistol, and not an AOW?

Unless NJ has a law that says "a device that uses the energy of chemical propellant to force a bullet down a barrel, that has an arm brace and a vertical foregrip meant to be held by the non-trigger finger hand, and is 26" or more, is banned"
Link Posted: 4/22/2019 5:15:16 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Unless NJ has a law that says "a device that uses the energy of chemical propellant to force a bullet down a barrel, that has an arm brace and a vertical foregrip meant to be held by the non-trigger finger hand, and is 26" or more, is banned"
View Quote
don't give them any ideas LOL
Link Posted: 4/23/2019 8:18:00 AM EDT
[#14]
So legal in NJ or what?
Link Posted: 4/23/2019 9:00:02 AM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
So legal in NJ or what?
View Quote
You have my permission. I'm behind you all the way. Do it.
Link Posted: 4/23/2019 9:10:47 AM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You have my permission. I'm behind you all the way. Do it.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
So legal in NJ or what?
You have my permission. I'm behind you all the way. Do it.
Ha. I am not a NJ resident. So I'm good.

Was hoping it would help you guys too since it's legal in NY. For now.
Link Posted: 4/24/2019 8:01:08 AM EDT
[#17]
I have a story, I was talking to a guy who had one of those Bushmaster carbon pistols, you know the ones that are under 50oz. It was transferred legally in NJ by a dealer. How the story goes, he went to the range and someone called the state police that his weapon was illegal, the weapon was confiscated and he was charged, after 2 years he got the weapon back and the charges were dropped, but his legal expenses were close to 70K, and he told me he paid $699 originally for it. So how I see it even it was transferred legally and is legal, it might cost you big bucks to defend yourself.

some self important person will probably complain and then post "back on ignore"
Link Posted: 4/24/2019 12:08:35 PM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I have a story, I was talking to a guy who had one of those Bushmaster carbon pistols, you know the ones that are under 50oz. It was transferred legally in NJ by a dealer. How the story goes, he went to the range and someone called the state police that his weapon was illegal, the weapon was confiscated and he was charged, after 2 years he got the weapon back and the charges were dropped, but his legal expenses were close to 70K, and he told me he paid $699 originally for it. So how I see it even it was transferred legally and is legal, it might cost you big bucks to defend yourself.

some self important person will probably complain and then post "back on ignore"
View Quote
So the state of NJ (taxpayers) paid his legal fees? Right?

If you don't exercise the few gun rights you have left in NJ, what is the point in having gun rights at all? Do you not build NJ compliant ARs for fear of arrest?

These appear to be NJ legal...if you don't want to make a legal gun, that is your choice I guess!
Link Posted: 6/18/2019 2:18:15 PM EDT
[#19]
Sounding like I was right about these being legal?
Link Posted: 6/18/2019 5:39:04 PM EDT
[#20]
SHOW ME THE LETTERRRRRR!!!!!
Link Posted: 6/18/2019 7:14:06 PM EDT
[#21]
yea answer you will get is goto the store...
Link Posted: 6/18/2019 9:09:53 PM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
SHOW ME THE LETTERRRRRR!!!!!
View Quote
https://www.scribd.com/document/413788783/Redacted-Troy-Letter
Link Posted: 6/19/2019 9:49:56 AM EDT
[#23]
Link Posted: 6/19/2019 12:36:09 PM EDT
[#24]
Gun stores are saying it isnt legal to build your own from a lower, and it has be assembled as a “firearm” from the factory. Yet some people here seem to think its ok. So what is the verdict?
Link Posted: 6/19/2019 12:58:33 PM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Gun stores are saying it isnt legal to build your own from a lower, and it has be assembled as a “firearm” from the factory. Yet some people here seem to think its ok. So what is the verdict?
View Quote
It's legal to assemble from a stripped lower under federal law. I can't think of any NJ law that would prohibit it.
Link Posted: 6/19/2019 2:26:02 PM EDT
[#26]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
It's legal to assemble from a stripped lower under federal law. I can't think of any NJ law that would prohibit it.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Gun stores are saying it isnt legal to build your own from a lower, and it has be assembled as a “firearm” from the factory. Yet some people here seem to think its ok. So what is the verdict?
It's legal to assemble from a stripped lower under federal law. I can't think of any NJ law that would prohibit it.
They are trying to make you buy their $1,200 one that's the same as the one you could build yourself for $500.

As long as you buy a stripped lower (not one with a stock or transferred as a pistol), and you build it into this OTHER, it is perfectly legal federally (and I assume in NJ as well).
Link Posted: 6/19/2019 8:52:06 PM EDT
[#27]
I agree, can't see why it would be illegal. The only catch is that at one point in your build if you had an extra stock lying around you would theoretically have the parts to build an illegal rifle for NJ purposes, which is specifically mentioned as illegal in NJ. So build your complete lower first with the brace, then slap the upper on it and you are good to go.
Link Posted: 6/20/2019 3:43:16 AM EDT
[#28]
Interesting. So this was legal all along, just now theres a state approval letter saying it so now companies are making them for sale.
Link Posted: 6/25/2019 7:13:13 PM EDT
[#29]
So the letter posted above was passed around at my department (LEO) today. I'm not sure who or how it was brought to our attention. This is the first I or any of my LEO friends have heard of it.

All I know is that I'm going to retire my HD 14.5 for a braced 10.5 immediately!
Link Posted: 6/26/2019 10:16:56 AM EDT
[#30]
I am so confused.......all that is different is the barrel is a smooth bore?
Link Posted: 6/26/2019 2:56:19 PM EDT
[#31]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I am so confused.......all that is different is the barrel is a smooth bore?
View Quote
As said in the other thread...this is not smoothbore. It's a regular rifled barrel. Just has a brace and a vfg and an oak of 26" or more...so not a rifle not a pistol not an aow. Not covered.
Link Posted: 6/26/2019 3:48:55 PM EDT
[#32]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
So the letter posted above was passed around at my department (LEO) today. I'm not sure who or how it was brought to our attention. This is the first I or any of my LEO friends have heard of it.

All I know is that I'm going to retire my HD 14.5 for a braced 10.5 immediately!
View Quote
Be careful, a 10.5" will likely be under 26" OAL so it would not be legal. 11.5 should make it though.
Link Posted: 6/26/2019 4:37:13 PM EDT
[#33]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Be careful, a 10.5" will likely be under 26" OAL so it would not be legal. 11.5 should make it though.
View Quote
Yes. If the NJSP makes up their own rules against how ATF says to measure the OAL. If you follow the Federal Law, the OAL is measured with the brace extended, which means that you could use a 9" barrel and still be legal.
Link Posted: 6/26/2019 5:15:06 PM EDT
[#34]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Yes. If the NJSP makes up their own rules against how ATF says to measure the OAL. If you follow the Federal Law, the OAL is measured with the brace extended, which means that you could use a 9" barrel and still be legal.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:

Be careful, a 10.5" will likely be under 26" OAL so it would not be legal. 11.5 should make it though.
Yes. If the NJSP makes up their own rules against how ATF says to measure the OAL. If you follow the Federal Law, the OAL is measured with the brace extended, which means that you could use a 9" barrel and still be legal.
Has there ever been an ATF letter specifying how to correctly measure OAL on an adjustable brace? I do recall seeing the letter that the brace is included in the OAL measurement but that was for a non adjustable one. Without one it's probably best to play it safe and just measure from the end of buffer tube. Logically since they measure a stock fully extended the same should apply to a brace, but this is the ATF we're talking about here so who the hell knows.
Link Posted: 6/27/2019 6:05:53 AM EDT
[#35]
I don't know, starting to think

Link Posted: 6/27/2019 8:20:41 AM EDT
[#36]
Discussion ForumsJump to Quoted PostQuote History
View Quote
No. Anti gunners are just clueless. And they aren't that smart.

Exercise what few rights you have left in NJ.
Link Posted: 6/27/2019 11:57:46 AM EDT
[#37]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Has there ever been an ATF letter specifying how to correctly measure OAL on an adjustable brace? I do recall seeing the letter that the brace is included in the OAL measurement but that was for a non adjustable one. Without one it's probably best to play it safe and just measure from the end of buffer tube. Logically since they measure a stock fully extended the same should apply to a brace, but this is the ATF we're talking about here so who the hell knows.
View Quote
The closest I could find was in an email shown here >
https://www.ar15.com/forums/AR-15/-ARCHIVED-THREAD-26in-OAL-question/122-717662/?page=1
Link Posted: 7/1/2019 6:55:49 AM EDT
[#38]
So when do you think a "show me yours, I'll show you mine" thread appears in the hometown forum for these supposedly legal other firearms?
Link Posted: 7/1/2019 11:47:34 AM EDT
[#39]
Quoted:
So when do you think a "show me yours, I'll show you mine" thread appears in the hometown forum for these supposedly legal other firearms?
View Quote
Ill show mine once its done. They are perfectly legal. What are you scared of?
Link Posted: 7/4/2019 7:14:34 AM EDT
[#40]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
So the letter posted above was passed around at my department (LEO) today. I'm not sure who or how it was brought to our attention. This is the first I or any of my LEO friends have heard of it.

All I know is that I'm going to retire my HD 14.5 for a braced 10.5 immediately!
View Quote
Can you give us a consensus of the generally opinion of your dept. about the letter?
Link Posted: 7/4/2019 8:46:47 AM EDT
[#41]
The NJSP are making their own laws now. They say you can't assemble these yourself. Lawsuit?
Link Posted: 7/4/2019 11:22:34 AM EDT
[#42]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The NJSP are making their own laws now. They say you can't assemble these yourself. Lawsuit?
https://i.redd.it/17s8uou6o7831.jpg
View Quote
It sounds like they are saying that owning all the parts separately (namely a short barrel upper) constitutes a violation of 2C:39-1(w)(5). They didn't even cite the correct statute, 2c:39-5e(2) has to do with firearms in educational institutions

Another interesting thing this letter clarifies is that NJ measures the OAL with the brace fully collapsed.
Link Posted: 7/5/2019 7:23:52 AM EDT
[#43]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
It sounds like they are saying that owning all the parts separately (namely a short barrel upper) constitutes a violation of 2C:39-1(w)(5). They didn't even cite the correct statute, 2c:39-5e(2) has to do with firearms in educational institutions

Another interesting thing this letter clarifies is that NJ measures the OAL with the brace fully collapsed.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
The NJSP are making their own laws now. They say you can't assemble these yourself. Lawsuit?
https://i.redd.it/17s8uou6o7831.jpg
It sounds like they are saying that owning all the parts separately (namely a short barrel upper) constitutes a violation of 2C:39-1(w)(5). They didn't even cite the correct statute, 2c:39-5e(2) has to do with firearms in educational institutions

Another interesting thing this letter clarifies is that NJ measures the OAL with the brace fully collapsed.
This is just pure stupidity on the NJSP part (firearms unit).

There is nothing saying I can not take the upper receiver from the fully manufactured  'other firearms' and put it on any other lower.  Now it's a SBR.

Technically, if I own any other lower receiver, the police and prosecutor could say the intent to make a SBR is there as well.
Link Posted: 7/5/2019 7:24:17 AM EDT
[#44]
does the wording in the letter posted imply that a flash hider is OK on these?
Link Posted: 7/5/2019 10:10:01 AM EDT
[#45]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Has there ever been an ATF letter specifying how to correctly measure OAL on an adjustable brace?
View Quote
UPDATE

ATF measures firearms with braces in the folded position.

https://blog.princelaw.com/2019/07/05/atf-rescinds-prior-methods-to-measure-a-firearms-overall-length-when-equipped-with-a-stabilizing-brace/
Link Posted: 7/5/2019 5:28:13 PM EDT
[#46]
Link Posted: 7/5/2019 5:35:22 PM EDT
[#47]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Can you give us a consensus of the generally opinion of your dept. about the letter?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
So the letter posted above was passed around at my department (LEO) today. I'm not sure who or how it was brought to our attention. This is the first I or any of my LEO friends have heard of it.

All I know is that I'm going to retire my HD 14.5 for a braced 10.5 immediately!
Can you give us a consensus of the generally opinion of your dept. about the letter?
@223Rem

There's not enough of them who even understand any of this for it to matter. Out of the 60ish guys I regularly work with, maybe 5 including me know the difference between an AR Pistol and this braced firearm, even after reading the letter.
Link Posted: 7/6/2019 6:09:59 AM EDT
[#48]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
@223Rem

There's not enough of them who even understand any of this for it to matter. Out of the 60ish guys I regularly work with, maybe 5 including me know the difference between an AR Pistol and this braced firearm, even after reading the letter.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
So the letter posted above was passed around at my department (LEO) today. I'm not sure who or how it was brought to our attention. This is the first I or any of my LEO friends have heard of it.

All I know is that I'm going to retire my HD 14.5 for a braced 10.5 immediately!
Can you give us a consensus of the generally opinion of your dept. about the letter?
@223Rem

There's not enough of them who even understand any of this for it to matter. Out of the 60ish guys I regularly work with, maybe 5 including me know the difference between an AR Pistol and this braced firearm, even after reading the letter.
Thanks for getting back to us.

Sorta disheartening to hear that such a few number of you know and can tell the difference the two.

With such a low number of LEO 'in the know', I really think stepping up into one of these type of "other firearms" may not be the best idea as of yet.

Remebering the Carbon15 Pistol that cost $70, 699.00.
Link Posted: 7/6/2019 12:00:22 PM EDT
[#49]
So they don’t want you building one, not because it’s illegal to build it, but because you may end up in possession of an NFA weapon or constructive possession if you gather the parts in the wrong order? Still not seeing any law that prevents you from building it. NJSP advising against building it doesn’t make it illegal.m
Link Posted: 7/6/2019 1:17:33 PM EDT
[#50]
If you own an upper less than 16 inches and a fully built ar15 rifle, you have the parts to build an SBR. If the NJSP is saying that it is ok to legally own a fully built other firearm then they are contradicting themselves by saying you cant build your own.
Arrow Left Previous Page
Page / 2
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

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.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top