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Posted: 1/31/2011 3:42:49 PM EDT
A close friend recently went from being a Assistant District Attorney in NY to a criminal defense attorney in Monmouth County NJ. He is getting a lot of cases involving firearms. So many so that I am starting to second guess what I knew was the law. He has a client who was arrested with an AR-180 here in and they charged him with posession of an assault rifle. I told him that to be legal in NJ is has to be semi auto, barrel less than 16", mag that holds 15 rds or less, no flass hider, no colapsable stock, and no bayonet lug. I need to know where to provide him with this info from a NJ state site or source. The part that made me second guess myself is this.

w."Assault firearm" means:

(1)The following firearms:
Colt AR-15 and CAR-15 series

(2)Any firearm manufactured under any designation which is substantially identical to any of the firearms listed above.

So how is an AR-15 legal?



We all know that 99% of law enforcement that catches you with what LOOKS like an AR-15 is going to charge you with possession of an assault firearm and leave it to you to sweat it out and prove it isn't....

Thanks in Advance.
Link Posted: 1/31/2011 3:51:53 PM EDT
[#1]
http://www.state.nj.us/lps/dcj/agguide/assltf.htm

btw, if his client was caught with an original AR-180 he is screwed. The AR-180b is jersey legal though.
Link Posted: 1/31/2011 3:57:45 PM EDT
[#2]
I can't help with a link, but I know the AR 180 was banned by name as were AR15's you can have a rifle that looks like an AR15 providing it doens't have the features you mentioned and doesn't say AR15 on the receiver when it comes to the model name
Link Posted: 1/31/2011 3:59:16 PM EDT
[#3]
First off, the client with the AR-180 is screwed, as that is a firearm banned by name in 2C:39-1w(1).  "AR-180 type".

Secondly, you won't find anything in the statutes about flash suppressors, telescoping stocks, or the like.  What you will find is the term "substantially identical".  This has been the subject of much debate.  However, back in 1996, the then-Attorney General issued a set of guidelines to all NJ prosecutors, telling them to prosecute for possession of an assault firearm under the "substantially identical" clause of 2C:39-1w, if the firearm met certain criteria.
Here is that guideline

So, in theory, that's how your generically-named AR-15 is legal.  First, it's not a Colt AR-15 or CAR-15.  Secondly, it has but one "evil feature" on it, according to the AG guidelines - that being a pistol grip.  It has no folding or telescoping stock, it has no bayonet lug, and it has no flash suppressor or a threaded barrel designed to accept a flash suppressor.

The State Police themselves determined this some time ago.  Read here

To answer your other questions - laws on barrel length can be found at 2C:39-1o.  This definition of "short-barreled shotgun" also covers rifles.  It's the same as the federal law for Title I firearms...  16" minimum barrel for rifle, 18" barrel minimum for a shotgun, and 26" overall length minimum for either.

Link Posted: 1/31/2011 4:00:47 PM EDT
[#4]
OP, in addition to the "substationally identical" clause in our law, we have a bad kid list of weapons, and the AR-180 is on it.

As another has already said, the AR-180b is kosher, but the original is a no go.
Link Posted: 1/31/2011 4:16:09 PM EDT
[#5]
Quoted:
First off, the client with the AR-180 is screwed, as that is a firearm banned by name in 2C:39-1w(1).  "AR-180 type".

Secondly, you won't find anything in the statutes about flash suppressors, telescoping stocks, or the like.  What you will find is the term "substantially identical".  This has been the subject of much debate.  However, back in 1996, the then-Attorney General issued a set of guidelines to all NJ prosecutors, telling them to prosecute for possession of an assault firearm under the "substantially identical" clause of 2C:39-1w, if the firearm met certain criteria.
Here is that guideline

So, in theory, that's how your generically-named AR-15 is legal.  First, it's not a Colt AR-15 or CAR-15.  Secondly, it has but one "evil feature" on it, according to the AG guidelines - that being a pistol grip.  It has no folding or telescoping stock, it has no bayonet lug, and it has no flash suppressor or a threaded barrel designed to accept a flash suppressor.

The State Police themselves determined this some time ago.  Read here

To answer your other questions - laws on barrel length can be found at 2C:39-1o.  This definition of "short-barreled shotgun" also covers rifles.  It's the same as the federal law for Title I firearms...  16" minimum barrel for rifle, 18" barrel minimum for a shotgun, and 26" overall length minimum for either.



Thank you very much. I just emailed him all the info.

Just be careful everyone. The Brian Aitken case and many others highlight the fact that NJ laws are confusing and meant to make gun owners criminals. All a cop has to do is not know the law, which none of them do, they charge you, and next thing you know your out thousands of dollars defending yourself.
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