Posted: 3/27/2011 5:21:43 AM EDT
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I have seen several posts on this discussion board about what firearms are and are not banned in NJ. There is a myth being spread here that it is what the manufacturer stamps on the receiver that makes it banned. Not true. It is what’s inside that matters. i.e., Colt AR-15 and AK made the list because they were too easy to convert to full-auto. Kits and instructions were readily available and only required modest gunsmith skills.
Here is how the AWB works: Paragraph 1 of the definition specifies firearms that are banned by name, series, or type. Paragraph 2 expands the definition to include all firearms that are identical to those in paragraph 1 in “material, essential respects”. i.e., in response to the question about the UC-9:
Unless the manufacturer’s specifications state that the UC-9 is not an Uzi type semi-automatic firearm, it is considered an assault firearm in NJ. i.e., in response to the question about the Colt Sporter Colt’s Mfg.’s specifications state that they have made substantial modifications to the receiver of the Match Target and Sorter series and they are not in the CAR-15 series. Since the manufacturer has made the lower receiver perminently semiautomatic, Colt Sporters and Match Targets are good so long as they conform the the standard limitations on configuration. None of the above has anything to do with what is “stamped” on the receiver. Confusion comes in because the last sentence in paragraph 2 is often read as an elaboration upon the first two paragraphs. It is not an elaboration, it lists ADDITIONAL restrictions on firearms that are not listed in paragraph 1 or covered by paragraph 2. It really should have been a numbered paragraph unto itself. Here is a common English translation of N.J.A.C. 13:54-1.2 In NJ, a firearm is an “Assault Firearm” if any of a, b, c, d, e, or f are true: a. It satisfies any of the following descriptions:
Algimec AGM1 type
b. It is essentially the same as any firearm described above. (If it looks like a duck, walks like a duck, quacks like a duck, it is a duck.)
Any shotgun with a revolving cylinder such as the "Street Sweeper" or "Striker 12" Armalite AR-180 type Australian Automatic Arms SAR Avtomat Kalashnikov type semi-automatic firearms Beretta AR-70 and BM59 semi-automatic firearms Bushmaster Assault Rifle Calico M-900 Assault carbine and M-900 CETME G3 Chartered Industries of Singapore SR-88 type Colt AR-15 and CAR-15 series Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types Demro TAC-1 carbine type Encom MP-9 and MP-45 carbine types FAMAS MAS223 types FN-FAL, FN-LAR, or FN-FNC type semi-automatic firearms Franchi SPAS 12 and LAW 12 shotguns G3SA type Galil type Heckler and Koch HK91, HK93, HK94, MP5, PSG-1 Intratec TEC 9 and 22 semi-automatic firearms M1 carbine type M14S type MAC 10, MAC 11, MAC 11-9 mm carbine type firearms PJK M-68 carbine type Plainfield Machine Company Carbine Ruger K-Mini-14/5 F and Mini-14/5 RF SIG AMT, SIG 550SP, SIG 551SP, SIG PE-57 types SKS with detachable magazine type Spectre Auto carbine type Springfield Armory BM59 and SAR-48 type Sterling MK-6, MK-7 and SAR types Steyr A.U.G. semi-automatic firearms USAS 12 semi-automatic type shotgun Uzi type semi-automatic firearms Valmet M62, M71S, M76, or M78 type semi-automatic firearms Weaver Arm Nighthawk c. It is a semiautomatic firearm and satisfies any of the following: i. Semiautomatic rifle w/ detachable magazine and 2 or more of the following:
d. Semiautomatic shotgun with either a mag capacity greater than 6 shells, a folding stock, OR a pistol grip.
(1) Folding or adjustable stock
ii. Semiautomatic pistol w/ detachable magazine and 2 or more of the following:
(2) Pistol grip (3) Ability to attach a bayonet (4) Flash suppressor or threaded barrel (5) Grenade launcher (1) Magazine not inside the pistol grip
iii. Semiautomatic shotgun with any 2 of the following
(2) Threaded barrel (3) Heat shield (4) Weighs more than 3-1/8 lb. (5) Is a semiautomatic version of a full-auto pistol (Has a full-auto cousin) (1) Adjustable stock
(2) Pistol grip (3) Fixed mag capacity greater than 6 shells (which is actually prohibited by the next paragraph) (4) Detachable mag e. Semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds f. A disassembled Assault Firearm is still an Assault Firearm Here is a reference to the law if you want to read for yourself. http://www.state.nj.us/njsp/info/pdf/firearms/062408_title13ch54.pdf Be careful with magazine extenders on shotguns. I extended my pump magazine with an extender to hold six 3” shells. I can easily insert seven 2-3/4 shells. If it was semi-auto, I would be in trouble. I hope this helps people understand the AWB in NJ a little better. I always recommend checking with your FFL. If your FFL is willing to do the transfer, you are probably OK. And if he is wrong, you will certainly be covered under the ignorance provisions of the criminal code. Your firearm will be confiscated, but you will not likely do prison time. Happy shooting. |
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You're "common English" interpretation has some big glaring errors. Most notably is part c. The "evil features" were included in an AG directive as a guideline to determine what constitutes something being "substantially identical" to a named weapon. Just because a weapon has those doesn't necessarily mean it's illegal. It's pretty hard to argue that a Keltec RFB or a FN SCAR is substantially identical to anything on the list so technically they are legal with all the standard "evil features" intact.
Also, 6+1 capacity is legal in a semi-auto shotgun. Any tube holding 7 or more rounds is illegal. |
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Quoted: You're "common English" interpretation has some big glaring errors. Most notably is part c. The "evil features" were included in an AG directive as a guideline to determine what constitutes something being "substantially identical" to a named weapon. Just because a weapon has those doesn't necessarily mean it's illegal. It's pretty hard to argue that a Keltec RFB or a FN SCAR is substantially identical to anything on the list so technically they are legal with all the standard "evil features" intact. Also, 6+1 capacity is legal in a semi-auto shotgun. Any tube holding 7 or more rounds is illegal. Is it legal? I have read numerous times that it could be five rounds, or six rounds. The administrative codes says 6, but the criminal code says 5(iirc).  |
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You're "common English" interpretation has some big glaring errors. Most notably is part c. The "evil features" were included in an AG directive as a guideline to determine what constitutes something being "substantially identical" to a named weapon. Just because a weapon has those doesn't necessarily mean it's illegal. It's pretty hard to argue that a Keltec RFB or a FN SCAR is substantially identical to anything on the list so technically they are legal with all the standard "evil features" intact. Also, 6+1 capacity is legal in a semi-auto shotgun. Any tube holding 7 or more rounds is illegal. Is it legal? I have read numerous times that it could be five rounds, or six rounds. The administrative codes says 6, but the criminal code says 5(iirc). The only mention of a capacity limitation of 5rds I know of was in the 1996 AG guideline: ...
A semi-automatic firearm should be considered to be "substantially identical," that is, identical in all material respects, to a named assault weapon if it meets the below listed criteria: ... C. a semi-automatic shotgun that has at least 2 of the following: a folding or telescoping stock; a pistol grip that protrudes conspicuously beneath the action of the weapon; a fixed magazine capacity in excess of 5 rounds; and an ability to accept a detachable magazine. ... 13:54-1.2 bans semi-auto shotguns with "either a magazine capacity exceeding six rounds, a folding stock or a pistol grip". Major confusion seems to stem from whether an entirely new firearm (ie not a "clone" of something on the list) is legally "substantially identical" just because it has the same "evil features". I personally say no but I'm not a lawyer so YMMV. I know there are others who might disagree with me. It never hurts to err on the side of caution anyway. |
| This "common english" interpretation hurts as much being read as what is already written. There's quite a bit of confusing things written by the OP. I hope you're not a lawyer or a law enforcement officer because your interpretations can get innocent and responsible gun owners in trouble. Can we not have this kind of thread, please? And please don't confuse an adjustable stock for a telescoping stock because there is quite a difference. Don't blur the already muddy water. |
| This thread majorly confuses me. It doesnt make sense how the Match target is legal, but the colt ar15 (sp1) is not legal. The are essentially the same except the ar15 is probably harder to convert to fa. They had the big hole lower and the late ones had the sear block permanently installed. Also one more part of the law that doesn't make sense is how the limit on semi auto shotgun capacity is 5 rounds. What about different size shells? Aguila now makes the 1.5" shells. |
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TO: Director Terrence P. Farley, Division of Criminal Justice
All County Prosecutors All Law Enforcement Chief Executives FROM: Attorney General Peter Verniero DATE: August 19, 1996 SUBJECT: Guidelines Regarding the "Substantially Identical" Provision in the State's Assault Firearms Laws I. Introduction In recent weeks there has been a question about the meaning of the term "substantially identical" in New Jersey's assault firearms law. The Legislature addressed this question in the provisions of the Code of Criminal Justice, and despite the clarity of the law, it is appropriate for the Attorney General to provide guidance to the prosecutors in order to ensure that the law is administered uniformly and effectively throughout the State. N.J.S.A. 52:17B-98. I am directing the prosecutors, as chief law enforcement officers of their respective counties, to share this guidance with local police departments, who in turn should provide copies of this memorandum to any member of the public who requests information on assault firearms. II. Guidelines New Jersey law lists firearms that are prohibited "assault firearms." N.J.S.A. 2C:39-1w.(1). In addition, the law provides that the term "assault firearm" includes, "Any firearm manufactured under any designation which is substantially identical to any of the firearms listed" in the law. N.J.S.A. 2C:39-1w.(2). Thus, a firearm is an assault firearm if it is included on the list of banned firearms or if it is manufactured under a different designation than a firearm on the list but is "substantially identical" to a specific listed firearm. We believe "substantially identical" is clear by its plain meaning. The Criminal Code provides that the statutes in the Code must be read "according to the fair import of their terms." N.J.S.A. 2C:1-2c. The Criminal Code explains that where language may be susceptible to different readings it must be construed to "give fair warning of the nature of the conduct proscribed." N.J.S.A. 2C:1-2a.(4), c. Simply put, the phrase "substantially identical" must be given its plain meaning, one that gives fair warning. The term "substantial" means pertaining to the substance, matter, material or essence of a thing. The term "identical" means exactly the same. Hence, a firearm is substantially identical to another only if it is identical in all material, essential respects. A firearm is not substantially identical to a listed assault firearm unless it is identical except for differences which do not alter the essential nature of the firearm. The following are examples of manufacturer changes that do not alter the essential nature of the firearm: name or designation of the firearm; the color of the firearm; the material used to make the barrel or stock of the firearm; the material used to make a pistol grip; a modification of a pistol grip. This is not an exclusive list. A semi-automatic firearm should be considered to be "substantially identical," that is, identical in all material respects, to a named assault weapon if it meets the below listed criteria: A. semi-automatic rifle that has the ability to accept a detachable magazine and has at least 2 of the following: 1. a folding or telescoping stock; 2. a pistol grip that protrudes conspicuously beneath the action of the weapon; 3. a bayonet mount; 4. a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and 5. a grenade launcher; B. a semi-automatic pistol that has an ability to accept a detachable magazine and has at least 2 of the following: 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 nontrigger hand without being burned; 4. manufactured weight of 50 ounces or more when the pistol is unloaded; and 5. a semi-automatic version of an automatic firearm; and, C. a semi-automatic shotgun that has at least 2 of the following: 1. a folding or telescoping stock; 2. a pistol grip that protrudes conspicuously beneath the action of the weapon; 3. a fixed magazine capacity in excess of 5 rounds; and 4. an ability to accept a detachable magazine. III. Inquiries from Private Citizens Law enforcement officers should, whenever possible, attempt to be helpful and to respond to inquiries concerning particular firearms. Private citizens should also be encouraged to consult with their own attorneys and, where necessary, referred to the Firearms Unit of the Division of State Police. IV. Purpose and Effect of these Guidelines In enforcing this law, prosecutors and police should remember that an assault firearms offense requires proof that the defendant knows he or she possesses an assault firearm, e.g., that the defendant knows that the firearm is "substantially identical" to one of the named assault weapons. These guidelines should be followed by all county prosecutors and all law enforcement officers in this State so that the State's assault firearms laws will be uniformly enforced throughout the State. |
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So is that last letter saying that it is perfectly legal to own a colt ar15 as long as it does not have any evil features? No. Basically what it said was that other models like the Colt Match Target series, although similar in appearance and operation to the AR-15, are not "substantially identical" to the AR-15 and therefore are legal. |
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Seems we have a new firearms law "expert" on the Hometown forum.  Great! Just what this forum needs... 
Ranks right up there with the guy spouting on about how your AR is illegal if the stock isnt perm-pinned into the Furthest Open position.... or the guys saying that you cant have an AR or AK in NJ PERIOD. |
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I was also wondering something for anyone who knows. Where does it actually say handguns over 15 round magazines are illegal? I've seen "e. Semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds " plenty of times.
I also wonder what a court would think about the word "fixed" in the magazine capacity. I know most people here aren't laywers, and neither am I. but just wondering what people may know. |
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Quoted: I was also wondering something for anyone who knows. Where does it actually say handguns over 15 round magazines are illegal? I've seen "e. Semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds " plenty of times. I also wonder what a court would think about the word "fixed" in the magazine capacity. I know most people here aren't laywers, and neither am I. but just wondering what people may know. I know this state sucks. |
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Where does it actually say handguns over 15 round magazines are illegal? 2C:39-1y defines a "large capacity ammunition magazine" to mean a box, drum, tube, or other container which is capable of holding more than 15 rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic firearm. 2C:39-3j states that anyone who knowingly has in his possession a large capacity ammunition magazine is guilty of a crime of the fourth degree. |
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In my opinion the law is purposely written in a very confusing manner to keep people arguing over bullshit? I've seen all different manner of weapons at a number of ranges in Jersey that I would never consider owning for fear of being thrown in the BIG house. I can't wait for thsi thing to get ironed out because if in Mcdonald the second amend. is a constitutional right then the FEDS have to set a standard that all states have to adhere to. Because how can own a rifle in one state send you to jail for ten years and owning the same rifle in a different state is no violation at all that doesn't sound to me like equal protection under the law for a god given right?
I think it's an equal protection issue just like any other civil right. If this right is federally given then there has to be a baseline of how states can restrict your rights, because lets face it states and local government WILL make laws locking people right out of their 2A rights. The gamble is either the free states hve to come to us or we have to go to the free states. All we have to do is wait for a good case, keep your eye on Heller II. The case has things in there that address types of weapons people can purchase and limits on magazine caps. It will take some years but since Heller and Mcdonald I think time is on our side. |
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In my opinion the law is purposely written in a very confusing manner to keep people arguing over bullshit? I've seen all different manner of weapons at a number of ranges in Jersey that I would never consider owning for fear of being thrown in the BIG house. I can't wait for thsi thing to get ironed out because if in Mcdonald the second amend. is a constitutional right then the FEDS have to set a standard that all states have to adhere to. Because how can own a rifle in one state send you to jail for ten years and owning the same rifle in a different state is no violation at all that doesn't sound to me like equal protection under the law for a god given right? I think it's an equal protection issue just like any other civil right. If this right is federally given then there has to be a baseline of how states can restrict your rights, because lets face it states and local government WILL make laws locking people right out of their 2A rights. The gamble is either the free states hve to come to us or we have to go to the free states. All we have to do is wait for a good case, keep your eye on Heller II. The case has things in there that address types of weapons people can purchase and limits on magazine caps. It will take some years but since Heller and Mcdonald I think time is on our side. I agree, the laws are ambiguous, they seem to have been written to give the AG broad latitude, no matter what, in NJ you can be charged even with a "legal firearm", the case will be dismissed, hopefully, but it will cost you in attorney fees. As for asking anyone where they went to law school, it is a moot point here in this forum, take the law for what it is. |
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Remember when we pushed for a separation from NY? You know back when it was a "NY/NJ" hometown forum?
Why can't we push to have "Expert" (dumba$$) forum? Example: "New Jersey Forum", We stay on this and create "NJ (scatter brain , thumb up his a$$  , doesn't know $hit  , I want to make an a$$ of myself  ) Forum" for the "experts"
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