Posted: 3/22/2007 5:26:24 AM EDT
|
Are marked complete( all the ebr stuff) Colt Ar-15 legal in NJ? Or is anything marked AR-15 Illegal in NJ regardless of Pre or Post Ban? |
I stopped by a shop today to see if they could install a muzzle brake for me.  So the daughter of the owner is there and we get talking about rifle here is our conversation after she dry fired my rifle with my permission; Daughter: nice trigger         Me:  it's totally stocked Daughter: it's smooth like my colt's         Me: Oh you are LEO? Daughter: No         Me: So you don't life in Jersey Daughter: Yes         Me: But I thought anything stamped colt AR15 was illegal Daughter while looking at me like I'm crazy: WHO TOLD YOU THAT?         Me: I've read it online Daughter: You've been misinformed honey,  I've been in this business for 16 years.         Meanwhile I'm looking at her like a alien Daughter: Just the other day I sold 2 of them.         Me:  WOW Daughter: Is that why you purchased a bushmaster.       Me: YES Daughter"laughing" : As long as it's semi, no bayo, no suppressor it's totally legal. Me: Still in shocked Then I told her I'm going to come back tomorrow and talk to your dad and find out what is the turn around time for the muzzle brake I want to replace on my rifle.  So I walked out and starting thinking that I know I've read in many area.  How could someone in the business be so mis-informed? Cain1 |
|
This is a long reply, but all I have to go on here. I'll give the link and then the excerpt. Make your own opinion. www.state.nj.us/lps/dcj/agguide/assltf.htm ASSAULT FIREARMS Guidelines Regarding the "Substantially Identical" Provision in the State's Assault Firearms Laws Issued August 1996 View entire document below, OR Download document for printing(PDF file--9K) 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: a folding or telescoping stock; a pistol grip that protrudes conspicuously beneath the action of the weapon; a bayonet mount; a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and 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: an ammunition magazine that attaches to the pistol outside of the pistol grip; a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer; 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; manufactured weight of 50 ounces or more when the pistol is unloaded; and a semi-automatic version of an automatic firearm; and, 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. 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. =============================== Next One www.njsp.org/info/pdf/firearms/njac-title13-ch54.pdf NEW JERSEY ADMINISTRATIVE CODE TITLE 13. LAW AND PUBLIC SAFETY CHAPTER 54. FIREARMS AND WEAPONS AUTHORITY N.J.S.A. 2C:39-1 et seq. and 2C:58-1 et seq.; as to N.J.A.C. 13:54-1.15, N.J.S.A. 47:1A-2 and Executive Order No. 9 (Gov. Richard J Hughes, September 30, 1963). SOURCE AND EFFECTIVE DATE R.2002 d.183, effective May 17, 2002. See: 34 N.J.R. 211(a), 34 N.J.R. 2136(a). CHAPTER EXPIRATION DATE Chapter 54, Firearms and Weapons, expires on May 17, 2007. CHAPTER HISTORICAL NOTE Chapter 54, Weapons and Explosives, was adopted and became effective prior to September 1, 1969 pursuant to Authority delegated at N.J.S.A. 2A:151-1 et seq. Subchapter 6, Security Systems for Dealers, was adopted as R.1971 d.158, effective September 3, 1971. See: 3 N.J.R. 158(a), 3 N.J.R. 207(a). Chapter 54, Weapons and Explosives, was repealed and Chapter 54, Firearms and Weapons, was adopted as new rules by R.1986 d.413, effective October 6, 1986. See: 18 N.J.R. 51(a), 18 N.J.R. 2048(b). Pursuant to Executive Order No. 66(1978), Chapter 54, Firearms and Weapons, was readopted as R.1991 d.564, effective November 18, 1991. See: 23 N.J.R. 2250(a), 23 N.J.R. 3521(a). Pursuant to Executive Order No. 66(1978), Chapter 54 was readopted as R.1996 d.579, effective November 18, 1996. See: 28 N.J.R. 4375(a), 28 N.J.R. 5181(a). Subchapter 7, Retired Law Enforcement Officer's Identification Card to Permit Carrying a Handgun, was adopted as new rules by R.1997 d.348, effective August 18, 1997. See: 29 N.J.R. 2624(a), 29 N.J.R. 3733(a). Chapter 54, Firearms and Weapons, was readopted as R.2002 d.183, effective May 17, 2002. See: Source and Effective Date. SUBCHAPTER 1. FIREARMS IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN 13:54-1.1 Firearms purchaser identification cards and permits to purchase handguns This subchapter prescribes the requirements and procedures for the issuance of firearms purchaser identification cards, permits to purchase handguns and the general rules for holders of such permits and identification cards. 13:54-1.2 Definitions The words and terms used in this chapter shall have the following meanings: "Ammunition" means various projectiles, including bullets, missiles, slugs or balls together with fuses, propelling charges and primers that may be fired, ejected, projected, released, or emitted from firearms or weapons. "Antique cannon" means any weapon which satisfies the definition of an antique firearm and which is also capable of firing a projectile of a caliber greater than .60 caliber, except a shotgun or shotgun ammunition generally recognized as suitable for sporting purposes. "Antique firearm" means any firearm which is incapable of being fired or discharged, or which does not fire fixed ammunition regardless of date of manufacture, or was manufactured before 1898 for which cartridge ammunition is not commercially available, and is possessed as a curiosity or ornament or for its historical significance or value. "Assault firearms" means: 1. The following firearms: Algimec AGM1 type 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 ======================== I'd see it as pretty difficult to say a "Colt AR-15" is not on the list. But in the case of the store owner, the law does state they have to knowingly own an assault rifle to be convicted here. Sounds like the store owner's daughter is clueless and would just get them taken away. Who knows what would really happen. 
|
|
""I've been in this business for 16 years."" A statement like this usually makes me laugh on the inside, like they are the King of knowledge and they couldn't possibly be mistaken or learn something new. Do you have any idea how many "dealers" I see at shows in NY that have no idea NY has the ban laws and more than not are NY state dealers and they have their S&W AR's on the tables and LEO mags in their bulk mag boxes, etc, etc. |
I actually hope she proves you wrong! Then we can all enjoy COLTS.  EDITED: Colt Match Target is legal see www.njsp.org/about/fire_ag1.html  www.coltsmfg.com/cmci/MTCompHBAR.asp |
|
I guess I should have read this thread before posting in the other. IMHO, the Colt "AR-15" model is illegal to own in NJ. Since the Fed AWB in 1994, Colt renamed their models, so anything post '94 Colt is legal, as long as it is neutered down. And again IMHO, I do not think there would be a problem with that model name on other AR-15 types. You probably won't see it due to copyright issues. RRA makes the LAR-15 and Global Tactical makes the GT-AR15. Both have AR15 on the receivers. Nobody get'n locked up for them. ETA: It would be so much simpler to eliminate the named firearms on the AWB list and just go by the substantially identical ruling. |