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3/25/2008 2:07:47 PM EDT
The People's Republic of New Jersey doesn't allow AR Pistols because it is a pistol and has a mag outside the pistol grip AND weighs more than 50 ozs.  We can get away with not having a threaded barrel and bolt lug for a bayo but the >50 ozs. one makes it a no no.

If I:

1. Get a new stripped receiver and register it as a pistol (make sure it's a "virgin" also).
2. Build an upper (which are just considered "Parts")
3. NOT assemble it.  Technically it's nothing (or just rifle parts) correct?

I want to do this until I move to a new state.  They can also be used as spare parts.

Thoughts?  
3/25/2008 2:46:31 PM EDT
[#1]
You have a SBR upper with no SBR lower?  Since you legally can't have an AR pistol it sure likes like 'intent to constuct a NFA violation'.

Don't do it - wait till you move.
3/25/2008 3:13:23 PM EDT
[#2]
height=8
Quoted:
You have a SBR upper with no SBR lower?  Since you legally can't have an AR pistol it sure likes like 'intent to constuct a NFA violation'.

Don't do it - wait till you move.


I don't have anything yet...  I just wanted to pick up a stripped lower and register it as a pistol so I can build it up quick if the law changes or I move.  Is that illegal?  

I guess the problem would be with the short barrel... no?  It would never leave my house and not be assembled.

I just don't want to move then start the process of having to locate the barrel in stock, receiver in stock, blah blah blah.

Could I legally assemble an AR lower registered as a pistol and not have a barrel on it?
3/25/2008 4:31:44 PM EDT
[#3]

Quoted:
I don't have anything yet...  I just wanted to pick up a stripped lower and register it as a pistol so I can build it up quick if the law changes or I move.  Is that illegal?  

Yes - having the frame is legally the same as having the firearm.  If an AR pistol is illegal in your state, then getting a virgin lower transferred to you is also illegal.


I guess the problem would be with the short barrel... no?  It would never leave my house and not be assembled.

So you say - they will say you were getting parts together to build an illegal SBR it's called 'constructive intent'.  There is no legal reason for you to own the parts therefore you must be trying to do something illegal.  Neat racket eh?  You don't have to DO the illegal thing, just have the capability to do it.


Could I legally assemble an AR lower registered as a pistol and not have a barrel on it?
No.
3/25/2008 4:34:30 PM EDT
[#4]
 Isnt the lower the gun not its parts? How can you get it if you cant have it?
3/25/2008 6:22:17 PM EDT
[#5]
height=8
Quoted:
height=8
Quoted:
I don't have anything yet...  I just wanted to pick up a stripped lower and register it as a pistol so I can build it up quick if the law changes or I move.  Is that illegal?  

Yes - having the frame is legally the same as having the firearm.  If an AR pistol is illegal in your state, then getting a virgin lower transferred to you is also illegal.

height=8
I guess the problem would be with the short barrel... no?  It would never leave my house and not be assembled.

So you say - they will say you were getting parts together to build an illegal SBR it's called 'constructive intent'.  There is no legal reason for you to own the parts therefore you must be trying to do something illegal.  Neat racket eh?  You don't have to DO the illegal thing, just have the capability to do it.

height=8
Could I legally assemble an AR lower registered as a pistol and not have a barrel on it?
No.


I guess I wasn't clear in my first post so let me try to clarify...  

In Jersey, ANY pistol is illegal if it has any TWO of the following:  Mag outside the pistol grip, lug for a bayo, threaded barrel, and weight over 50 oz's.  An AR pistol IS legal if I can keep it under 50 ozs which may not happen.

I apologize and do appreciate the input.  I am a certified NRA instructor and have a great repor with many local PD's.  I'm well aware of constructive intent and the last thing I would want to do is anything illegal.  I'm just learning these laws as I am new to this ridiculous state.

I want to get a lower receiver and work on building an AR pistol weighing under 50 ozs.  Is it illegal to start a project like that because that finished project is legal.

3/25/2008 8:33:04 PM EDT
[#6]
In New Jersey, can you have an AR pistol with the features you mention if it is not semiautomatic? Or does the law prohibit literally ALL pistols that have 'assault' features? Also, if the magazine is NOT detachable, does that exempt a pistol from a NJ ban?

The reason I ask these questions is that if the law only applies to semiautomatic pistols, you could assemble an AR pistol wthout a gas tube and/or a solid front sight and/or no gas port in the barrel. Any of those modifications would not allow for semiautomatic function. The pistol would be a straight pull back operation.

Also there are bullet button mag locks that are used in CA to remove longarms from 'assault weapon' status by making the magazines fixed. I don't know if this would help you in NJ... but if there are exemptions for non-detachable magazines it woutd be an option.
3/26/2008 7:07:24 AM EDT
[#7]

Quoted:
In New Jersey, can you have an AR pistol with the features you mention if it is not semiautomatic? Or does the law prohibit literally ALL pistols that have 'assault' features? Also, if the magazine is NOT detachable, does that exempt a pistol from a NJ ban?

The reason I ask these questions is that if the law only applies to semiautomatic pistols, you could assemble an AR pistol wthout a gas tube and/or a solid front sight and/or no gas port in the barrel. Any of those modifications would not allow for semiautomatic function. The pistol would be a straight pull back operation.

Also there are bullet button mag locks that are used in CA to remove longarms from 'assault weapon' status by making the magazines fixed. I don't know if this would help you in NJ... but if there are exemptions for non-detachable magazines it woutd be an option.


Ah, good question RDS, thanks!  Let me look into the "Semi-Auto" thing.  I wouldn't mind a pull back or perm mag to have an AR pistol.  I'm sorry, this is something I want to build just for a "cool" factor.  All of my firearms were purchased for a purpose based on performance.  I just love the way it looks....
3/26/2008 10:05:33 AM EDT
[#8]

Quoted:
...
I want to get a lower receiver and work on building an AR pistol weighing under 50 ozs.  Is it illegal to start a project like that because that finished project is legal.



It's an interesting twist (the 50oz 'loophole').  The receiver itself is under 50oz, but unless you 'Swiss Cheese' it (and the furnature) the finished product won't make the weight.  (see the Olympic Arms attempt at a sub 50oz AR pistol)

So is transferring a lower which when assembled WILL NOT meet the criteria, even though you intend on doing modifcations to the lower to make it meet the weight goal, legal?  That is very grey area (even assuming you'd find a dealer willing to transfer you the lower as a pistol).  For that kind of grey area, w/o a SOT, I'd consult a lawyer who is an expert in NJ firearms laws to get an answer.
3/26/2008 1:00:26 PM EDT
[#9]
Thanks Forest, you made it clear.  I basically want to get another set of Mega receivers.  I feel they will be hard to get soon....

Is this guy legal???

Bushy

Seems it....

If so, I'm getting one
3/26/2008 1:32:59 PM EDT
[#10]

Quoted:
...

Is this guy legal???

Bushy

Seems it....

If so, I'm getting one

It's under the weight limit (thanks to the carbon fiber receivers).  If that is the only criteria then you're good to go.

The only downside is the lack of a flattop.
3/29/2008 7:21:19 AM EDT
[#11]
Try to find a ban version OA-93.
3/31/2008 9:09:16 PM EDT
[#12]

Quoted:
Try to find a ban version OA-93.




 Now THAT was swiss cheese!
4/1/2008 6:37:57 AM EDT
[#13]

Quoted:

Quoted:
Try to find a ban version OA-93.




 Now THAT was swiss cheese!


Yeah, that thing is horrible looking...

Any info on a bolt action one?  Anybody build a legal one?  Technically any single shot isn't a Semi Auto so do all the other "scary" things still count (bayo lug, threaded barrel, etc)?
4/2/2008 12:51:29 AM EDT
[#14]
are there any single shot exemptions? i know a guy in cali that had a single shot ar pistol transfered to him in this manor...
it has a sled meant to be single fed and no gas tube...
might be n option....
4/2/2008 5:41:45 AM EDT
[#15]

Quoted:
are there any single shot exemptions? i know a guy in cali that had a single shot ar pistol transfered to him in this manor...
it has a sled meant to be single fed and no gas tube...
might be n option....


Thats what I'm looking for...  How would I build a single shot?  Just not assemble the gas tube?  I want to do it legally...
4/2/2008 6:23:14 AM EDT
[#16]

Quoted:

Quoted:
are there any single shot exemptions? i know a guy in cali that had a single shot ar pistol transfered to him in this manor...
it has a sled meant to be single fed and no gas tube...
might be n option....


Thats what I'm looking for...  How would I build a single shot?  Just not assemble the gas tube?  I want to do it legally...



Man, it's a been a long time since people talked about pump AR pistols and single shots.

Here, look at this:
DPMS AR pump pistol

And:
DPMS Single shot lower

I don't know if the pump pistol is still available or if the upper is available separate.
4/2/2008 6:56:44 AM EDT
[#17]
Interesting...

Now, can I permanently attach a magazine?  I read that you as long as it is not "readily" detachable without a tool that it's ok?

I have another Mega lower and upper I want to build off
4/2/2008 7:08:18 PM EDT
[#18]
So nobody in the Massachusetts, New York, NJ area with the ridiculous assault ban crap in effect has built one of these in a single shot or permanent magazine fixture?

I tried the hometown forums and nothing...
4/3/2008 4:32:29 PM EDT
[#19]
What about a Bushmaster post-ban pistol?
4/4/2008 6:10:55 AM EDT
[#20]

Quoted:
What about a Bushmaster post-ban pistol?


There is one model but its a carbon model. I heard that they are fragile and break. Its under 50 ozs though.


I have a mega lower on the way when my FID card comes in and I want to use it to build a pistol.
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