It seems, AR's are the only CLEARLY NJ legal option at this current time.
By CLEARLY legal - It is meant that should you be in possession of the firearm, you will not be arrested by a LEO who is not willing to overlook the Grey Area which covers AK type rifles with post ban configurations as they are all, legally speaking of course, AK type semi-automatic weapons and named (all be it, by a clarifying paragraph) similar to the original design in function and essential nature. Read the statute again and contact an attorney if not 100% positive that you will have to fight it out in the NJ court system should you be arrested for being in possession of a non CLEARLY defined as legal semi automatic rifle.
Any firearm manufactured under any designation, which is substantially identical to any of the
firearms listed in paragraph 1 above. As used in this definition, the term "substantial" means
pertaining to the substance, matter, material or essence of a thing and 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 that 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: the 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; and a modification of a
pistol grip.
According to NJ legal minds other than Nappen(he was the only successful attorney with such a case here in NJ BTW),
changing the name from AK to Saiga does not change the essential nature of the firearm in question as the action is similar and the stock change to a sporter stock vs. a pistol grip is also covered as a manufacturer change which does not alter the essential nature of the firearm......
I am also now well aware and familiar with ALL the court cases that have ever been in the NJ courts with regard to posession of an improperly named "Assault Weapon" by otherwise law abiding gun owners(I prefer modular repeating rifles myself
After all this, I have decided an AK is not in my near future as I am in NO WAY willing to risk my freedom and the quality of life of my family in order to own a "quasi-legal" AK in "so-called" post ban configuration (not to mention the 401K to pay the legal fees associated with such an expensive legal defense).
As unfair as I feel this is to the law abiding gun owner in this state, these lengthy discussions have just made me abandon the idea of purchasing an AK type weapon.
Now with all that said, I now understand that there is a possibility of a light at the end of the tunnel, so to speak.
As written....
Title 13, Chapter 54 -- Chapter Notes
CHAPTER 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).
CHAPTER SOURCE AND EFFECTIVE DATE:
R.2007 d.378, effective November 13, 2007.
See: 39 N.J.R. 2324(a), 39 N.J.R. 5349(a).
CHAPTER EXPIRATION DATE:
Chapter 54, Firearms and Weapons, expires on November 13, 2012.
Now for the point of the thread (please allow me to apologize for the length of the posted background information/train of thought-I just wanted to share the knowledge I have solicited recently with regard to this topic and we are all on the same page).....
Do you think it is possible that this statute will not be renewed in 2012 thus allowing law abiding gun owners in the nanny state to purchase the same rifles that are legal for sale in the free states of our country?


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