Posted: 3/16/2011 8:58:11 AM EDT
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Thanks for your time in advance! A customer ordered two pre ban style uppers. Was wondering if its legal to ship to him, or refund his order?
Thanks |
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Uppers are not "firearms" as defined in NJ or Federal law.
Just a collection of hardware parts without serial numbers. Perfectly legal for you (in Free America) to ship to your customer here in the Glorious Peoples Republik of New Jerseystan Depending on your customer's combining (or possessing) your hardware with other hardware he may have, he may be putting himself at risk But that's certainly NOT your issue |
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If you have all the parts necessary to assemble an illegal rifle it is considered possession.
Edit to add: An assault firearm also means a part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.
This comes strait from the jury charges for illegal possession of an assault firearm. We don't have to like it, but that is the current law. Mike |
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The issue is that they dont really go into specifics so you dont really know if you are in violation. Either way there still is no law saying i cant own a specific part. Technically the way they put it, you cant even buy a parts kit because "oh you can demill your post ban WASR receiver off the rifle and rebuilt it with the preban parts kit. Also i cant buy a Single FSP just for shits for an AR because "oh if you wanted to, you can pull the FSP with no bayo lug off your post ban rifle and slide on the FSP with the lug.
I know its the law but i hate how nothing is specific. Too much "what ifs" and "can do" bullshit. Just like how nothing is ever permanent |
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Quoted:
Thanks for your time in advance! A customer ordered two pre ban style uppers. Was wondering if its legal to ship to him, or refund his order? Thanks You are good to go. Sell 'em! We either have to buy complete Ban-Compliant AR's which are on the low end of the scale right now, or assemble them from non-compliant parts, which tend to be the premium stuff out there. Every manufacturer sells non-compliant modular carbines as their do-all guns right now. So many of us avoid the FFL headaches of having everything complete @ time of transfer, by doing the gruntwork ourselves, one piece at a time. |
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Quoted:
If you have all the parts necessary to assemble an illegal rifle it is considered possession. Edit to add: An assault firearm also means a part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.
This comes strait from the jury charges for illegal possession of an assault firearm. We don't have to like it, but that is the current law. Mike +1 If the customer owns a lower receiver and has a pre ban upper, that is intent. 13:54-1.2 Definitions 4. A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person. Essentially; Just because someone out of state sent it to a person does not make it legal. It is technically up to the resident of the state to know the laws. If one has the parts to convert any rifle to what NJ says is an assault rifle that person is breaking the law. No matter how stupid the law is... it is still the law. |
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Quoted:
Quoted:
If you have all the parts necessary to assemble an illegal rifle it is considered possession. Edit to add: An assault firearm also means a part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.
This comes strait from the jury charges for illegal possession of an assault firearm. We don't have to like it, but that is the current law. Mike +1 If the customer owns a lower receiver and has a pre ban upper, that is intent. 13:54-1.2 Definitions 4. A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person. Essentially; Just because someone out of state sent it to a person does not make it legal. It is technically up to the resident of the state to know the laws. If one has the parts to convert any rifle to what NJ says is an assault rifle that person is breaking the law. No matter how stupid the law is... it is still the law. Just to clarify: I can't possess a Magpul MOE, CTR, ACS, or UBR unless they're already pinned to the buffer tube? |
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Quoted:
Quoted:
Quoted:
If you have all the parts necessary to assemble an illegal rifle it is considered possession. Edit to add: An assault firearm also means a part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.
This comes strait from the jury charges for illegal possession of an assault firearm. We don't have to like it, but that is the current law. Mike +1 If the customer owns a lower receiver and has a pre ban upper, that is intent. 13:54-1.2 Definitions 4. A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person. Essentially; Just because someone out of state sent it to a person does not make it legal. It is technically up to the resident of the state to know the laws. If one has the parts to convert any rifle to what NJ says is an assault rifle that person is breaking the law. No matter how stupid the law is... it is still the law. Just to clarify: I can't possess a Magpul MOE, CTR, ACS, or UBR unless they're already pinned to the buffer tube? Technically, that's correct. As well as a litany of other things. One could argue that you are not allowed to posses an A2 FS if you also have a firearm with a threaded barrel capable of accepting it. IE Bob owns an M4 with a pinned and muzzle brake. But Bob also has an A2 laying around his house. Dickhead prosecutor Jim could conceivably get him on intent because Bob *could*potentially cut off the muzzle brake and attach the A2 making the gun magically 100 X's more dangerous. Same for having A2 sight posts with bayos around, any kind of folding telescoping stock, FS's etc etc etc.... Basically it's very hard to stay compliant and they like it that way. It makes easier to charge you with something if/when they feel like it. |