Jump to content
vladtepes

Is *Insert any semi automatic rifle* legal in NJ?

Recommended Posts

NJ has a listing of guns they specifically prohibit under NJ law, they additionally have laws regarding guns they consider substantially identical. The following is a generally accepted criteria by which a semi automatic rifle is legal or illegal in NJ..

 

1) Is the gun that you want to buy banned by name?

 

yes - it is illegal and you may not have..

no - proceed to question 2

 

Quote
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

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;

 

2) Is the gun substantially identical as defined by law?

 

yes - it is illegal and you may not have

no - gun is legal and you may have..

 

A semi automatic rifle is to be considered substantially identical IF it fits the following criteria...

 

Quote

i. A semi-automatic rifle that has the ability to accept a detachable magazine and has at least two 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;

 

 

gun may not have magazine capacity exceeding 10 rounds...

gun must meet minimum requirements for length...

  • Like 2

Share this post


Link to post
Share on other sites

Since I tend to answer this question often... I just posted this here so that I can put a link in my signature..

 

There is also ongoing discussion as to if the "evil features" list even applies to guns that are not on the list or clones of guns on the list... I personally believe the "substantially identical" only applies to guns that are clones of banned listed guns.. but the reason I did not include that is because that is NOT general NJ practice.. I personally think owning a semi automatic rifle clone.. or something totally new.. that has too many evil features will land you in hot water.. so I error on the side of caution..

  • Like 2

Share this post


Link to post
Share on other sites

Since I tend to answer this question often... I just posted this here so that I can put a link in my signature..

 

There is also ongoing discussion as to if the "evil features" list even applies to guns that are not on the list or clones of guns on the list... I personally believe the "substantially identical" only applies to guns that are clones of banned listed guns.. but the reason I did not include that is because that is NOT general NJ practice.. I personally think owning a semi automatic rifle clone.. or something totally new.. that has too many evil features will land you in hot water.. so I error on the side of caution..

 

I personally feel the NJAC "substantially identical" definition is clear that they deem any SA gun "substantially identical" to any gun on the named ban list provided it fits the evil feature list... even if it is a brand new never heard of before gun.

 

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:

 

In essence the NJAC definition completely re-arranged the NJ AWB.

 

There is also contradiction within the NJAC (surprise!), where they say "the name or designation of the firearm" does not " alter the essential nature of the firearm", yet the named list relies on names and designation for enforcement. So using this logic in reverse... take a Ruger 10/22 , and the manufacturer re-branding it to "Galil" would turn it into a AW according to the named list, yet the NJAC says changing the name doesn't matter to take one off of the list. One way door double-standard anyone?

 

That being said..this is my opinion, anything in the NJAC can change or they may choose not to follow it at any time.. AND the unconstitutionally vague "substantially identical" clause is still in the Statutes.

Share this post


Link to post
Share on other sites

Personally I'm amused a bit by the semiauto shotgun section of the law and NJAC. The law says 6rd max, the NJAC says two evil features of which ONE is over 6rd. If you go by the law you can only have 6 rounds, if you go by NJAC you can have more then 6rd as long as doesn't have another evil feature like a pistol grip.

Share this post


Link to post
Share on other sites

Personally I'm amused a bit by the semiauto shotgun section of the law and NJAC. The law says 6rd max, the NJAC says two evil features of which ONE is over 6rd. If you go by the law you can only have 6 rounds, if you go by NJAC you can have more then 6rd as long as doesn't have another evil feature like a pistol grip.

 

6rnd limit is for SA shotguns only.

Share this post


Link to post
Share on other sites
Personally I'm amused a bit by the semiauto shotgun section of the law and NJAC.

 

6rnd limit is for SA shotguns only.

 

Yes I know. Let me show you what I mean:

 

w."Assault firearm" means:

...

(3)A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip, or a folding stock.

 

"Assault firearms" means:

...

iii. A semi-automatic shotgun that has at least two 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 six rounds; and/or

(4) An ability to accept a detachable magazine;

3. A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a folding stock

or a pistol grip;

 

I find it amusing that iii and 3. contradict each other inside NJAC, thats all I'm saying.

Share this post


Link to post
Share on other sites

Yes I know. Let me show you what I mean:

 

 

 

 

 

I find it amusing that iii and 3. contradict each other inside NJAC, thats all I'm saying.

 

Ah , i see what you mean.

Share this post


Link to post
Share on other sites

I find it amusing that iii and 3. contradict each other inside NJAC, thats all I'm saying.

 

 

Well here's the funny thing. Go look the statue up online on the NJ legislature pages.

 

2C:39-1 has been changed there multiple times.

 

It used to have the contradictory shotgun stuff up there because shotgun rules were specified in two places in the same section differently. They apparently cleaned that up around 2 years ago so it was only defined once without the evil features wording that mimicked the federal AWB. The real interesting thing was discussing that very edit, I went to show it to someone, and lo and behold the definition for RIFLES had changed to.

 

2C:39-1 Definitions. USED to have the evil features wording for rifles.

 

now it says (right after the named list HERE)

 

"(2)Any firearm manufactured under any designation which is substantially identical to any of the firearms listed above.

 

(3)A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip, or a folding stock.

 

(4)A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds.

 

(5)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."

 

No evil features wording.

 

 

Now if you go back to the ORIGINAL wording of the statute, it was basically this (excluding named list which seems ot have remained consistent).

 

 

 

(taken from http://www.state.nj.us/lps/rules/njsp/rp010702a.htm you will note this version expires in 2002, so it's pretty old.)

 

 

2. Any firearm manufactured under any designation which is substantially identical to

any of the firearms listed in paragraph (1) above. <<+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.+>>

 

<<+i. Semi-automatic rifle that has the ability to accept a detachable magazine and

has at least two 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;+>>

 

 

<<+ii. A semi-automatic pistol that has an ability to accept a detachable magazine

and has at least two 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 non- trigger 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+>>

 

 

<<+iii. A semi-automatic shotgun that has at least two 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 five rounds; and+>>

 

 

<<+(4) An ability to accept a detachable magazine; or+>>

 

 

3. A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a

folding stock or a pistol grip; <<-or a semi-automatic rifle with a fixed magazine

capacity exceeding 15 rounds. For purposes of this paragraph, "semi-automatic" means a

firearm which fires a single projectile for each pull of the trigger and is

self-reloading or automatically chambers a round, cartridge or bullet. For purposes of

this paragraph "pistol grip" means a well defined handle, similar to that found on a

handgun, that protrudes conspicuously beneath the action of the weapon, and which

permits the shotgun to be held and fired with one hand;->>

 

 

<<+4. A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds; or+>>

 

 

<<-4.->><<+5.+>> 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.

 

 

<<+6. The Colt Match Target rifle, based on the manufacturer's specifications, is a

new line of rifles and is not part of the AR-15 series, and, thus, is not prohibited

under N.J.S.A. 2C:39-1w(1). Although this new rifle may resemble the Colt AR-15, there

have been substantial changes to the firearm, including the receiver which is not

identical to an AR-15 receiver. In addition, because of changes in the configuration of

the firearm, the Colt Match Target rifle is not substantially identical to a firearm

prohibited under this classification.+>>

 

 

<<+7. The Springfield M1A rifle is not one of the enumerated firearms which are

specifically prohibited under the State assault firearms laws. It has been prohibited in

this State as being substantially identical to a named firearm. However, according to

the manufacturer's specifications, the M1A has been modified. The modified M1A, which

became available in 1994, is not considered to be substantially identical to a

prohibited firearm under N.J.S.A. 2C:39- 1w(2) and these regulations. However, earlier

versions of the M1A which contain at least two of the criteria identified in the

Attorney General's Guidelines Regarding the "Substantially Identical" Provision in the

State's Assault Firearms Laws dated August 19, 1996 and reproduced in subparagraph ii of

paragraph 2 above, are considered to be substantially identical to a prohibited firearm

and continue to be banned under State law.+>>

 

Now if you look at the most current versions it expires 11-13-2012. At least the most current I can find (http://www.state.nj.us/njsp/info/pdf/firearms/062408_title13ch54.pdf)

 

The interesting part is that as far as I can tell, that version dropped in 2008, and in 2008, that document reflected exactly what 2C:39-1 said, ambiguities and all, plus the clarifying statement on the colt match rifle and M1A rifle. I wonder what it will say come 2012?

 

It's all clear as mud IMO.

  • Like 1

Share this post


Link to post
Share on other sites

 

Now if you look at the most current versions it expires 11-13-2012. At least the most current I can find (http://www.state.nj....title13ch54.pdf)

 

The interesting part is that as far as I can tell, that version dropped in 2008, and in 2008, that document reflected exactly what 2C:39-1 said, ambiguities and all, plus the clarifying statement on the colt match rifle and M1A rifle. I wonder what it will say come 2012?

 

It's all clear as mud IMO.

 

Wow, good find on the expiration date! This is extremely significant! Perhaps next year when it is time to re-up the NJAC on chapter 54, they reword the "substantially identical" evil list in order to pull more guns into the AW definition!

 

 

 

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.

Share this post


Link to post
Share on other sites

FYI - anything listed under Title 13 is Administrative Code and not black letter law. Anything under 2A or 2C IS black letter law, the one that really counts.

 

2C has NEVER contained an "evil features" list, that was always in Title 13 and has been changed numerous times by the various AG's we've had to endure. Basically Title 13 is the AG's interpretation of 2C and if a person was arrested the prosecutor would have to prove to a judge that the defendant violated 2C.

Share this post


Link to post
Share on other sites

FYI - anything listed under Title 13 is Administrative Code and not black letter law. Anything under 2A or 2C IS black letter law, the one that really counts.

 

2C has NEVER contained an "evil features" list, that was always in Title 13 and has been changed numerous times by the various AG's we've had to endure. Basically Title 13 is the AG's interpretation of 2C and if a person was arrested the prosecutor would have to prove to a judge that the defendant violated 2C.

 

Correct, and the AG could at any time could no longer follow the NJAC definition and try someone on "substantially identical" in 2C anytime she wishes. Again, that person would have a good defense, but the thought of being dragged through the justice system is no fun for anyone. This the the big stick she wields in terms of dictating to dealers that they can't sell certain guns any longer even if it meets the NJAC evil feature list test, and isn't a named gun on the 2C list.

Share this post


Link to post
Share on other sites

Just to be clear.. my intentions were to convey what appears to be the working standard in NJ in regards to what can be sold or not sold.. owned or not owned.. with sole reference to rifles.. the intention was just to have a single simple thread pointing out what is generally the system.. I get that even with that things are not as super clear as we would like.. but the standard I have listed is the standard I have been subject to.. and it is the only reasonable standard I know (in this state).. unfortunately things are goofy here and could change at the drop of a hat..

 

or.. in the case of the AO Ordnance M1 things can be banned for (what appears to be) something as simple as a manufacture drawing a firearms likeness to a banned unit..

 

so while even with following the guidelines I have outlined you will need to proceed with caution.. the listings I have provided are generally how I have seen the law interpreted.. so sorry didn't mean to create all this debate.. was not the intention..

Share this post


Link to post
Share on other sites

Just to be clear.. my intentions were to convey what appears to be the working standard in NJ in regards to what can be sold or not sold.. owned or not owned.. with sole reference to rifles.. the intention was just to have a single simple thread pointing out what is generally the system.. I get that even with that things are not as super clear as we would like.. but the standard I have listed is the standard I have been subject to.. and it is the only reasonable standard I know (in this state).. unfortunately things are goofy here and could change at the drop of a hat..

 

or.. in the case of the AO Ordnance M1 things can be banned for (what appears to be) something as simple as a manufacture drawing a firearms likeness to a banned unit..

 

so while even with following the guidelines I have outlined you will need to proceed with caution.. the listings I have provided are generally how I have seen the law interpreted.. so sorry didn't mean to create all this debate.. was not the intention..

 

Vlad, you did a great job in my book, and outlines today's "legal standard" that we all use. Any of my comments were simply to educate on the history and legal vehicles (Statutes, NJAC, etc) by which we get them. My apologies if anything was threadjacky, no disrespect whatsoever.

Share this post


Link to post
Share on other sites

Vlad, you did a great job in my book, and outlines today's "legal standard" that we all use. Any of my comments were simply to educate on the history and legal vehicles (Statutes, NJAC, etc) by which we get them. My apologies if anything was threadjacky, no disrespect whatsoever.

 

no worries at all.. just making the intention clear.. lol

Share this post


Link to post
Share on other sites

Pardon my ignorance. I've been out of modern rifle shooting for a long time...way before the assault rifle ban. On the main list, I see Colt AR-15 and Bushmaster listed as banned. I am confused since I see them all the time at the range...no flash suppressor, short magazine, fixed stock, no lug...but a Colt nonetheless. Please clarify for me.....can I purchase a Bushmaster or Colt without the "bad" stuff attached?

 

Thanks

Share this post


Link to post
Share on other sites

can I purchase a Bushmaster or Colt without the "bad" stuff attached?

 

Thanks

 

Yes because it's not a Bushmaster AR-15. It's a Bushmaster XM15-es2. :dancing: Here's mine: http://thewellrats.com/malbor2/guns/bushmasterm4a3.jpg

 

There are also Colt models that fit the bill although the selection on those is less than other mfgs.

Share this post


Link to post
Share on other sites

Yes because it's not a Bushmaster AR-15. It's a Bushmaster XM15-es2. :dancing: Here's mine: http://thewellrats.com/malbor2/guns/bushmasterm4a3.jpg

 

There are also Colt models that fit the bill although the selection on those is less than other mfgs.

 

...understood THANKS!

Share this post


Link to post
Share on other sites

...understood THANKS!

 

 

as a point of interest Colt is actually a pretty important key in the whole AWB.. the reason I say that is there was a specific ruling in favor of colt target type rifles (ar15s.. LOL) in which they go into detail commenting on how one type of rifle can be banned.. but another rifle that is very similar is allowed because it is not the named banned gun..

 

http://www.state.nj.us/njsp/about/fire_ag1.html

Share this post


Link to post
Share on other sites

Vlad since you are the stand reference, you might know are Century Arms AK74 types deemed illegal, I tried researching and am just unsure

 

 

while there is a lot of speculation about what is and what is not illegal my OPINION to be the safest is the following...

 

if the model of the gun is literally "AK" anything I would not personally touch it in NJ.. as I personally view that as being banned by name...

 

if it is a clone.. wasr.. saiga... pap.. etc.. and does NOT break the evil features rule.. then it is good to go..

 

so if it is a century model AK74-C (just making up a random model number) or something like that.. I would not personally buy it.. or try to buy it I should say..

agree or disagree this is just the standard I use..

Share this post


Link to post
Share on other sites

So i guess i just dont get it. So would that mean you can or cannot own a saiga, or arsenal ak variant?? I'll get specific how about the arsenal SGL24?? Sorry if this is a dumb question?

 

I also own a bushmaster xm15 isnt that substantial likeness to the bushmaster ar 15, and also a semi auto mimicing a full auto?? Maybe im just really tired and not following this thred right?

Share this post


Link to post
Share on other sites

The Bushmaster XM15 doesn't appear on the list, therefore all you need to do is make sure it's not "substantially identical" due to "evil parts". If your rifle has MORE THAN ONE of these parts, it's illegal. One part is legal, two or more parts are illegal.

 

(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;

Share this post


Link to post
Share on other sites

Just saw something on TV last night about the H&K MP5 .22LR. Looked pretty cool, but also most likely NJ illegal. This thread confirms my impression. Too bad, but on the bright side, I was seriously interested in getting one, so I guess I saved some money. :)

Share this post


Link to post
Share on other sites

Quote

 

i. A semi-automatic rifle that has the ability to accept a detachable magazine and has at least two 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;

 

 

 

I have never been good with clearly understanding the laws but it sounds like I can have a telescoping stock on my rifle if none of the other "evil features" are present. Is that correct?

Share this post


Link to post
Share on other sites

Quote

 

i. A semi-automatic rifle that has the ability to accept a detachable magazine and has at least two 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;

 

 

 

I have never been good with clearly understanding the laws but it sounds like I can have a telescoping stock on my rifle if none of the other "evil features" are present. Is that correct?

 

while that is technically correct.. in practice is it a moot point.. because a gun with a telescoping stock is by default going to more than likely have a pistol grip.. thus netting TWO evil features.. thus being substantially identical and illegal..

 

so sure.. you COULD..

 

just remember.. it is literally as written..

 

a semi auto.. with detachable mag..

 

can have ONE and ONLY one feature and still be legal.. this is one of the NJ laws that can be read LITERALLY and followed to a T..

Share this post


Link to post
Share on other sites

This topic has been very helpful. I have so much trouble getting past the fact that if you happen to have two of these "evil features" you have an illegal rifle. It makes shopping for an AR15 difficult( pinned stocks, 10rd. mags, no muzzle break/flash suppressor).

Share this post


Link to post
Share on other sites

This topic has been very helpful. I have so much trouble getting past the fact that if you happen to have two of these "evil features" you have an illegal rifle. It makes shopping for an AR15 difficult( pinned stocks, 10rd. mags, no muzzle break/flash suppressor).

 

15 round mag...

 

for the most part it is easier than you think... check with your local gun shop or even some of the business members here.. MOST AR variants can be purchased and shipped to your FFL and made legal before you take ownership...

 

example: they can take the bayonet lug off... pin your stock.. and weld on a NJ compliant brake.. that is pretty common fair for NJ gun dealers...

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...