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Posted: 9/23/2008 1:47:26 PM EDT
I recently bought a stripped lower receiver from Jon Kruger of Anvil Arms (http://www.anvilarms.com/p-326-regis...-receiver.aspx) with the intention of building a AR-type of pistol – 10.5” barrel, 15-round magazine, no stock (only the buffer tube of course), compensator not a suppressor. Engraved clearly and in white, on the receiver are the words, “Registered Pistol”. When I picked up said lower from my local FFL (local cop-supply shop manned by former LEOs) it was recorded as a pistol.

It was (and remains) my understanding that as long as it complies with the state/Fed "assault rifle" no-nos, AND has no stock, it fits the NJ statutory definition of a "handgun":
   

"Handgun" means any pistol, revolver, or other firearm originally designed or manufactured to be fired by the use of a single hand.
State of New Jersey:   TITLE 13. LAW AND PUBLIC SAFETY CHAPTER 54. FIREARMS AND WEAPONS

However, before I go spending my devaluing dollars on the upper parts, I need to know if it would be in violation of the state law to possess such a firearm. A careful reading of what relevant pages on the web that I could find lead me to believe that such a firearm would be legal, but I wouldn't be surprised if the yahoos that run this state can decide that something is "ex post facto" or retroactively illegal.

I know, I know, "Find a competent attorney" you'll say -- is there such a one in the state who knows his elbow/anus ? Louis Nappen -- son of THE "gun-lawyer" in NJ, responded to my email in a way that led me to believe that either he didn't read it, or is deep in heavy cover-ass mode (emails are not client-attorney privileged), or he's a "pay-me-and-maybe-I'll-tell-you" lawyer.

I was also counseled by "gun store guy" to write a letter to the Attorney General of NJ to tell the him what I have planned, and see if his office responds. Might be a good idea -- send it certified mail and all that -- in the event that trouble arise from a zealous but ignorant LEO, I would in the best of all scenarios, have  letter from the AG.  On the other hand, should one let sleeping dogs lie, eh? Anyone know of a lawyer who might be willing to consult with me prior to my being arrested?

Bang!
Link Posted: 9/23/2008 1:54:37 PM EDT
[#1]
In NJ a pistol that accepts a detachable magazine can legally only have one of the following features:

(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 non-trigger hand without being
burned;
(4) Manufactured weight of 50 ounces or more when the pistol is unloaded; and/or
(5) A semi-automatic version of an automatic firearm;

So in order for an AR pistol to be legal it must have no handguards, no barrel threads, and weight less than 50 ounces when unloaded.
Link Posted: 9/23/2008 1:57:01 PM EDT
[#2]

Quoted:
In NJ a pistol that accepts a detachable magazine can legally only have one of the following features:

(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 non-trigger hand without being
burned;
(4) Manufactured weight of 50 ounces or more when the pistol is unloaded; and/or
(5) A semi-automatic version of an automatic firearm;


How do they define detachable?  Would the California fix work?
Link Posted: 9/23/2008 2:03:02 PM EDT
[#3]

Quoted:

Quoted:
In NJ a pistol that accepts a detachable magazine can legally only have one of the following features:

(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 non-trigger hand without being
burned;
(4) Manufactured weight of 50 ounces or more when the pistol is unloaded; and/or
(5) A semi-automatic version of an automatic firearm;


How do they define detachable?  Would the California fix work?


California specifically states that if a tool is required for removal then it is considered non-detachable. NJ on the other hand does not define what exactly constitutes a "non-detachable magazine". Unless you plan on being the test case I wouldn't install a bullet button.
Link Posted: 9/23/2008 2:07:42 PM EDT
[#4]

Quoted:

Quoted:

Quoted:
In NJ a pistol that accepts a detachable magazine can legally only have one of the following features:

(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 non-trigger hand without being
burned;
(4) Manufactured weight of 50 ounces or more when the pistol is unloaded; and/or
(5) A semi-automatic version of an automatic firearm;


How do they define detachable?  Would the California fix work?


California specifically states that if a tool is required for removal then it is considered non-detachable. NJ on the other hand does not define what exactly constitutes a "non-detachable magazine". Unless you plan on being the test case I wouldn't install a bullet button.


I'm in KS.  I don't need to worry about it, but I'm always curious.
Link Posted: 9/25/2008 5:04:11 AM EDT
[#5]
I was pondering the same build, and also live in nj. So far the real problem is the weight and the hand guard's.  A muzzle brake could be silver soldered or pinned on to meet atf guidelines, and I think you could build one under 50 oz.

Eh...i always have wanted to push the envelope w. nj, but i don't have enough $$ and frankly the more we try, the more they can say no to and have it recorded for future cases.

http://www.bushmaster.com/catalog_carbon15_AZ-C15P97.asp

the carbon 15 type 97 is A GREAT example. It has no hand gaurds. and weighs in at 46 oz.
Link Posted: 9/26/2008 4:46:35 PM EDT
[#6]
FWIW, I went with a set screw through the mag release and bonded it. I figure that requiring destruction of parts to get the mag out qualifies as non-detachable. So I have a top break 10 rounder with all the other nasty features. It's sort of lame, but it keeps me legal enough to (mostly) not get hassled at the local range and it's reversible in case of legislative reform or SHTF necessity. I keep copies of the applicable laws (detachable mag and other evil features) and BATF letters (regarding the extension tube) handy whenever I take it out though. Mostly to inform onlookers that think they know what they're talking about.
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