folks,
ok, update time -- just got off the phone. my FFL guy called the NJSP this morning, but his usual contact wasn't there. substitute NJSP guy said "NO AR-15, preban/postban/whatever, is legal to sell in NJ -- do not do the transfer, as it is an assault weapon covered by NJ law." hmmmmm.
while on the phone with the FFL guy, i explained the whole XM-15 vs AR-15 situation, the fact that these firearms are on the rack in various NJ gun shops, and the fact that the "substantially identical" NJSP interpretation allows for the sale and ownership of XM-15 type firearms. FFL guy is taking another go at it; he's going to get his usual guy at the NJSP on the phone in the AM and see if he can clear this up. meanwhile he is going to read the link that i sent him (NJSP interpretation webpage). he sees my points but ultimately, as he put it, "it's my FFL on the line here."
one area of concern seems to be the fact that it's "just a lower" which seems to imply that i could put ANY upper on it (for example, a 10" pre-ban barrel). as if i couldn't do this if i bought a complete XM-15? nevertheless, if i wanted to risk federal firearms charges by "assembling" a non-compliant, illegal postban rifle using preban parts, that's my idiotic decision, not the FFL's. for the record i'm not doing that, as the seller of the NIB postban-compliant BM 16" XM-15 upper would confirm.
hard-case writes:
> Just for the record, which FFL is this?
i'll let you all know when he has given me a final answer, one way or the other. he is doing further research and having a second conversation with the NJSP firearms folks. that's goodness, i think. but it's not settled yet and i'll hold the name until there is an outcome.
ps
just in case, does anyone know an FFL in monmouth county (holmdel area) who may be a tad more saavy when it comes to XM-15 transfers?
pps
if anyone is wondering, i'm trying to put together a non-catalog BM rifle -- namely a postban fixed telestock lower with a postban 16" M4-profile 'blunt' upper (no muzzle brake).
thanks for the insight above and anything further.
jim