Watch out airsoft owners...

[Recon Racoon 49]

Did they have the caps for them? I remember hearing somewhere that the caps are considered fireworks, and as we all know, all fireworks are illegal in NJ.

They aren't technically fire works. Just a small amount of flash powder, which doesn't have enough charge behind it to do anything but make some noise. Kinda like a sparkler or snake. Legal, but reallllly boring.

[Krdshrk 3,877]

They aren't technically fire works. Just a small amount of flash powder, which doesn't have enough charge behind it to do anything but make some noise. Kinda like a sparkler or snake. Legal, but reallllly boring.

 

Until you put 5 boxes of them together and light 'em on fire

[AverageJoe 95]

Schools have a lot more latitude, as far as what they consider weapons. I have read of students being suspended under zero tolerance policies for wearing T-shirts with the image of a gun on it. I don't remember running across this in my perusal of the NJ statutes, but isn't there usually some type of "replica firearm" law in place - for those that may try to rob a bank with a toy gun? I assume they could be charged under that.

 

My kid was a fireman for Halloween, with the costume there was a small plastic ax attached to it which he was not allowed to bring in...little excessive imo.

[Recon Racoon 49]

Until you put 5 boxes of them together and light 'em on fire

Then you just get mildly entertaining

[Pizza Bob 1,488]

Heller II refers to firearms, and did not challenge any existing federal preemptive laws around firearms. Not sure where the argument here applies to airguns.

 

If USC 15,76,5001 says that state and local laws cannot prohibit the sale of airguns "except to minors", then any type of regulatory, prohibitory, or other type of preventative ordinance, etc to purchasing (and thus implying possession) of airguns, to other than minors, is against federal preemptive law.

 

Just like NJ gun laws where guns are illegal except under certain exemptions. According to federal preemptive law, airguns are legal except under one exemption which is being a minor.

 

You can regulate something without prohibiting it. Just because the statute says you cannot prohibit the sale of airguns does not mean that the states can't regulate them. You can regulate something without prohibiting it. Regulation does not equal defacto prohibition unless it is extreme and the intent is to prohibit without specifically stating that - hence the Heller II reference.

 

Prohibition = not allow / Regulation = allow, but with restrictions

 

Adios,

 

Pizza Bob

[Dan 177]

You can regulate something without prohibiting it. Just because the statute says you cannot prohibit the sale of airguns does not mean that the states can't regulate them. You can regulate something without prohibiting it. Regulation does not equal defacto prohibition unless it is extreme and the intent is to prohibit without specifically stating that - hence the Heller II reference. Prohibition = not allow / Regulation = allow, but with restrictions Adios, Pizza Bob

 

OK I see what you mean. Then I'll agree that regulation is possible of air guns in NJ, but that regulation cannot serve to inhibit from someone who is not a minor from going to a store and purchasing an airgun. The fact is , current NJ laws around the "regulation" of airguns, are the same for firearms, which would in fact violate federal preemptive law. NJ would have to create new laws specifically around airguns, carefully tailored as to not override federal law.

 

I've highlighted the important parts below, but all of it is a good read.

 

ANJRPC v. Florio 1990, 744 F. Supp. 602

 

II. FEDERAL PREEMPTION RE: B-B AND AIR PELLET GUNS

 

Plaintiffs correctly assert that the New Jersey statute's

definition of semi-automatic shotguns may include certain B-B and

pellet-firing air guns. New Jersey law defines a shotgun as, among

other things, "any firearm designed to be fired from the shoulder

which does not fire fixed ammunition." N.J.S.A. 2C:391(n). B-B

guns and pellet-firing air guns fall within the statutory

definition of firearms. See N.J.S.A. 2C:39-1(f). Also, neither B-

B nor pellet-firing air guns fire fixed ammunition-i.e., ammunition

encased in an explosive cartridge which propels the round. Thus,

semiautomatic B-B and pellet-firing air guns designed to be fired

from the shoulder and which have either a magazine of more than six

rounds, a pistol grip, or a folding stock, would be classified as

assault firearms under N.J.S.A. 2C:39-1(w)(3). Moreover, any semi-

automatic B-B or pellet guns that had non-detachable magazines in

excess of fifteen rounds would fall within the statutory definition

of large capacity magazines. See N.J.S.A. 2C:39-1(y). [footnote

4]

 

The relevant inquiry, therefore, is whether the language in 15

U.S.C. section 5001(g), that "no state shall-(ii) prohibit (other

than prohibiting the sale to minors) the sale of traditional B-B,

paint-ball, or pellet-firing air guns that expel a projectile

through the force of air pressure," conflicts with the New Jersey

statute. At the outset, it is important to understand the

distinction between B-B guns and air-powered pellet guns. [footnote

5] "B-B" refers to the smallest calibre of shot. The B-B is ball-

shaped, and made of lead, lead alloy, or steel. B-Bs need not be

propelled by air: they may, for instance, be propelled by a spring

mechanism. It appears that B-Bs generally are fired from

smoothbore barrels. In contrast, a pellet may be one of three

higher calibres, .117 [sic] cal., 5 mm, or .22 cal. The pellet is

a nonspherical, semi-hollow projectile made of lead or lead alloy.

When fired from an air gun, the gases in the barrel cause the

pellet to expand and grip the rifling in the barrel. The rifling

causes the pellet to spin and thereby produces a more accurate shot

than the B-B. Thus, the term "B-B gun" refers only to the calibre

and type of projectile the gun fires, whereas a "pellet-firing air

gun that expel a projectile through the force of air pressure"

refers not only to the projectile, but to the means of propelling

it.

 

The defendants argue that the word "traditional" must be read

as modifying B-B, paint-ball, and pellet-firing air guns, despite

the use of the disjunctive "or" in the statute. They further

contend that, in using the word "traditional," the Congress meant

to refer only to single-shot B-B and pellet-firing air guns, not

semiautomatic ones. However, the statute's plain language,

legislative history, and subsequent interpretation by the

Department of Commerce suggests a contrary construction.

 

The most apparent contradiction in defendants' position can be

found in the express language of the statute. For the term

"traditional" to modify both B-B and pellet-firing air guns, the

term logically must also apply to paint-ball guns. According to

the Congressional Record, paint-ball guns fire "projectiles for

marking trees, or paintball games or other similar purposes." 134

Cong.Rec. S15531 (daily ed. October 11, 1988) (statement of Sen.

Dole); 134 Cong. Rec. H10071 (daily ed. October 12, 1988)

(statement of Rep. Dingell). Such devices are of comparatively

recent origin and plaintiffs have asserted without opposition that

there are no "traditional" paint-ball guns, and that those used for

paintball games are a relatively new development. [footnote 6]

 

The strongest indicia of congressional intent, however, are

section 5001's enabling regulations established by the Department

of Commerce at 15 C.F.R. section 1150.1-1150.5. [footnote 7] In 15

C.F.R. section 1150.1, Commerce interprets "traditional B-B, paint-

ball, or pellet-firing air guns" as those guns that are described

in American Society for Testing and Materials standard F 589-85,

Standard Consumer Safety Specification for Non-Powder Guns (June

28, 1985). Section 1.1, which defines the scope of the

specifications, expressly covers "non-powder guns. commonly

referred to as BB guns, air, guns, and pellet guns, which propel a

projectile by means of energy released by compressed air,

compressed gas, mechanical spring action, or a combination there-

of...." Id. In adopting this definition, Commerce thereby gave a

very broad reading to the preemptive provisions of section 5001(g),

for section 1.1 appears to cover all B-B and pellet guns, so long

as the guns do not use gunpowder to propel their rounds.

Conmerce's interpretation is reasonable, and the defendants have

provided no evidence to the contrary. [footnote 8]

 

Further support for this interpretation may be found in the

legislative history of section 5001. The Senate introduced section

5001 as an amendment to the House amendments to Senate Bill 1382,

the Federal Energy Management Improvement Act. The amendment,

entitled "Penalties for Entering Into Commerce of Imitation

Firearms," required that toy, look-alike or imitation firearms have

a blaze orange plug affixed in their barrels recessed no more than

6 millimeters from the muzzle end of the barrel. [footnote 9] The

bill was introduced on the impetus of the Hobby and Toy Industry or

America and the Toy Manufacturers of America. 134 Cong.Rec. S15531

(daily ed. October 11, 1988) (statement of Sen. Dole). [footnote

10] The purpose of the bill was expressed in the House debate:

 

The potential hazards and misuses of an object that

resembles a deadly weapon ought to be evident to everyone, A

person threatened with such an object can scarcely conduct a

detailed examination to determine whether it is in fact real.

Similarly, a police officer can hardly be expected to make a

detailed inquiry concerning just how real the object in the

hands of an adversary is before firing his gun. For these

reasons, misuse of toy guns presents a real hazard and a prob-

lem that needs to be addressed.

 

134 Cong.Rec. H10071 (daily ed. October 12, 1988) (statement of

Rep. Moorhead).

 

Express reference as to the meaning of the terms "traditional

B-B, paint-ball, or pellet firing air gun" appears in the statement

of Senator Dole of Kansas:

 

B-B or pellet firing air guns such as those made by the

Daisy Manufacturing Co. and Crosman air guns are also ex-

empted. Similarly, the provision does not intend that paint-

pellet guns firing projectiles for marking trees, or paintball

games or other similar purposes such as those manufactured by

the Nelson Paint Co. be covered.

 

134 Cong.Rec. S15531 (daily ed. October 11, 1988) (statement of

Sen. Dole); accord, 134 Cong.Rec. H10071 (daily ed. October 12,

1988) (statement of Rep. Dingell). These comments expressly

identify Daisy B-B guns and air guns, as well as Crosman air guns,

as examples of guns exempt from state regulations prohibiting their

sale. In the absence of any contrary indicia of congressional

intent, it appears that the exception carved out for air guns

applied, inter alia, to all air guns made by Daisy and Crosman at

the time the legislation was enacted.

 

Defendants have submitted the affidavit of Peter Harvey,

Special Assistant Attorney General, who avers that Daisy and

Crosman representatives indicated to him that, with one exception,

none of their airpowered or B-B rifles are semi-automatic. In

opposition, plaintiffs have submitted recent catalog advertisements

for various semi-automatic air rifles, albeit rifles manufactured

by companies other than Crosman or Daisy, [footnote 11] as well as

semi-automatic pistols with magazines in excess of fifteen rounds.

Some of these pistols are made by Crosman and Daisy, [footnote 12]

and would be banned under New Jersey's prohibition on large

capacity magazines. The Court finds, therefore, that the Congress

intended to remove from the states the power to prohibit the sale

of such B-B and air-powered pellet guns as are covered under the

New Jersey statute.

 

Having determined that the New Jersey statute regulates a

class of firearms that falls within the preemptive provisions of

section 5001(g), the Court next considers whether the statute

constitutes a prohibition on the sale of such firearms. In the

case of semi-automatic air pistols with a non-detachable magazine

exceeding fifteen rounds, the prohibition is express. In the case

of a person wishing to purchase semiautomatic air rifles classified

as assault firearms under N.J.S.A. 2C:39-1(w)(3), the prohibition

is de facto, for that person must go through the extremely rigorous

qualification process required for receiving a license to own a

machine gun.

 

To receive a license for air rifles fitting the definition of

semi-automatic shotguns, the applicant first must be qualified to

carry a handgun under N.J.S.A. 2C:58-4. [footnote 13] The applicant

then must file with the New Jersey Superior Court a written

application, setting forth in detail the reasons for desiring such

a license. The Superior Court thereafter refers the application to

the county prosecutor for investigation and recommendation. Based

upon the recommendation, the Superior Court may grant the license

only upon an express finding that the public safety and welfare so

require. The Superior Court also may place any conditions and

limitations on the license as it deems in the public interest.

Applicants must pay a $76 application fee with each application.

Any issued license, may be valid for no more than two years. Once

the license expires, the applicant must reapply as if he or she

were applying for the first time. See N.J.S.A. 2C:68-5.

 

These restrictions are so substantial that they create a de

facto prohibition on the sale of B-B and air guns that may fall

under New Jersey's statutory definition of semi-automatic firearms.

Any potential owner must qualify under two lengthy application

procedures, and may be refused at any time the State determines

such a license does not serve the public interest. This regulatory

scheme vests unbridled discretion over the licensing process with

the State.

 

In sum, plaintiffs have carried their burden of showing that

New Jersey's ban on large capacity magazines and regulation of

semi-automatic assault weapons are preempted by federal law to the

extent they prohibit the sale of traditional B-B and pellet-firing

air guns. Plaintiffs also have demonstrated the possibility of

irreparable injury, because owners of such firearms and large

capacity magazines face the threat of prosecution. Moreover, the

public interest is served in ensuring that congressional regulation

of interstate commerce supercedes conflicting and contradictory

state regulations. Finally, there is no suggestion of inequitable

conduct by plaintiffs, or that granting plaintiffs such an

injunction would in any way be inequitable. Accordingly,

plaintiffs are entitled to preliminary injunctive relief. See

Steffel v. Thompson, 415 U.S. 452, 94 S.Ct. 1209, 39 L.Ed.2d 505

(1974).

 

The Court is well aware of the ramifications of its findings.

The Congress, while attempting to reduce the commission of crimes

with toy guns, has removed from the states the ability to prohibit

the sale of more dangerous, high-powered air guns, some of which

appear capable of inflicting serious bodily injury or death. There

is no dispute that the Congress may exercise such power under the

Commerce Clause however, and the wisdom or desirability of such an

exercise is an issue for the Congress and not this Court.

[Pizza Bob 1,488]

The only pre-emption mentioned in this court decision is for those BB or air guns that would fall under the state's AWB, because the process for legal ownership of an AW or machine gun is so onerous, as to be defacto prohibition. The fact that the state regulates "traditional" BB guns etc as they do firearms, does not constitute defacto prohibition and thus is not covered by the pre-emption established by this decision.

 

Adios,

 

Pizza Bob

[Dan 177]

I suppose it would have to be argued in a new case that NJ requiring a FID card to purchase long airguns and a PP for air pistols, that this process is so onerous that it violates federal preemptive law. One example would be for a person who is not qualified to obtain a NJ FID. That person would in essence be prohibited from purchasing a pellet gun in NJ, thus violating federal law.

 

What I find interesting with this case, is that the same argument can be used in our struggle for CCW. That NJ's CCW process are so substaintial and restrictive that it qualifies as a de-facto prohibition on the individual R2KBA in NJ. Even with getting the AWB repealed.

[hd2000fxdl 422]

The only pre-emption mentioned in this court decision is for those BB or air guns that would fall under the state's AWB, because the process for legal ownership of an AW or machine gun is so onerous, as to be defacto prohibition. The fact that the state regulates "traditional" BB guns etc as they do firearms, does not constitute defacto prohibition and thus is not covered by the pre-emption established by this decision.

 

Adios,

 

Pizza Bob

 

I get a kick out of the F/A thing, now how many of us have been to the local carnival and shot the little start out with a F/A BB gun. Now how do they get around that?

[halbautomatisch 60]

They aren't technically fire works. Just a small amount of flash powder, which doesn't have enough charge behind it to do anything but make some noise. Kinda like a sparkler or snake. Legal, but reallllly boring.

Sparklers and snakes are illegal in NJ

[XDJohnTact 49]

My son's high school had a "NO Sex-Drugs-Alcohol-Guns" policy regarding T Shirts! They would make you turn it inside out the first time and send you home on subsequent offenses. No "ripped or holey" jeans allowed either!

[Recon Racoon 49]

Sparklers and snakes are illegal in NJ

Really, cause I've seen 'em around here before. Maybe they recently changed something, hey you learn something new every day.