halbautomatisch
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Posts posted by halbautomatisch
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Well, that's a whole other issue. Where that comes from is an Attorney General Opinion (see attached file).
The AW statute includes firearms that are "substantially identical" to those on the list. Since that is such a vague term, the AG had to come up with a definition of "substatially identical." This is an example of an AG creating law. The definition in the AG letter was then added to the Administrative Code. It can't be added to the statute without a bill going through the legislature, passing and being signed into law.
As an aside, this is why I have the opinion that the only thing needed to make NJ almost shall issue is for the AG to issue an opinion that states that post McDonald, self-defense is adequate justifiable need. Chris Christie could tell his AG to do that tomorrow if he wanted. But that's another topic.B)
So, with regards to AW, in the end what does that mean? I can think of several firearms that meet the AG's standard but are clearly not "substantially identical" to anything on Florio's list.
I can assume you would be arrested by the police for possession of an AW but the prosecutor would still have to prove in court that it is "substantially identical" to a listed firearm not using the AG's criteria.
Understand, I am under no illusions that NJ judges are likely to look at this objectively. Besides, who would want $20k - $100k proving your right even if by some chance you did win.
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I apologize in advance for the long post.
Just to clarify, there are two main components of NJ “law” that cause problems for us.
The first are the statutes themselves, N.J.S.A. (New Jersey Statutes Annotated), specifically, 2C:39-1 et seq, and, 2C:58-1 et seq (“et seq” is fancy lawyer talk for “and what follows”).
Next is the Administrative Code, N.J.A.C (New Jersey Administrative Code), specifically, Title 13, Chapter 54. Title 13 covers Law and Public Safety, Chapter 54 covers Firearms and Weapons.
The New Jersey State Police (NJSP) are authorized by the statutes mentioned above to create administrative rules in order to be able to enforce the statutes. For example, they can make a rule that requires ammunition retailers to documents that they verified the age of purchasers of handgun ammunition to be at least 21. The NJSP are also authorized to verify that these rules are being followed, in this case by inspecting the retailers’ log books. These rules, once adopted, become the Administrative Code.
The Administrative Code is not punitive. You cannot go to jail for violating the Administrative Code. However, it still has teeth, because, the licensing of firearms and ammunition retailers is governed by N.J.A.C. and if the retailers don’t follow the code, they can lose their licenses. When the N.J.A.C. goes beyond what the N.J.S.A. requires, or the NJSP inspectors create requirements that go beyond what the N.J.A.C. requires, the retailers generally just comply. They don’t want to risk losing their license, even temporarily.
An example of this is that, by statute, only the sale of hollow nose and dum dum ammunition is required to be recorded in a permanent log. However, N.J.A.C. requires that any ammunition that is interchangeable with a handgun must be recorded. Then the inspectors come along and hand a print out of all of the Thompson Contenders and tell the retailers that they must record nearly all ammunition sales.
Statutes can only be changed by passing a new bill into law, or by litigating. The Administrative Code can be challenged by any citizen with what is called a “petition for rulemaking.” I have a test petition in the works right now challenging the requirement described above. After experiencing some delay tactics, I am now supposed to receive a reply by mid Nov.
If anyone comes across anything in N.J.A.C. that does not match the requirements in N.J.S.A. please let me know and I will investigate to see if there is a potential to submit another petition.
The New Jersey Administrative Code can be found here: http://www.michie.com/newjersey/lpext.dll?f=templates&fn=main-h.htm&cp=
The New Jersey Statutes Annotated can be found here:
I find what you are saying here interesting since unless I missed it under 2C I believe most of the criteria used to define an "assault weapon" is listed in title 13
2C describes "assault weapons" as any firearm listed by name on the original Florio ban or a "substantially identical" firearm or a semiauto shotgun that holds more than 6 rounds, has a pistol grip or a folding stock and rifles with a fixed mag. capacity of more that 15 rounds.
Title 13 is where you find the language that says an "assault weapon" is defined as:
A semiauto rifle with a detach mag and two or more of the following: folding/tel stock, pistol grip, bayonet mount, threaded barrel/flash sup, or grenade launcher
A semiauto pistol with a detach mag and two or more of the following: mag that attaches outside the pistol grip, threaded barrel, shroud, weight in excess of 50oz, or semiauto version of a fullauto
A semiauto shotgun with two or more of the following: a folding/tel stock, pistol grip, fixed mag cap over six rounds or a detach mag
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Sad to say but 30 days is not unusual in many towns.
The last two batches of permits I did took 5-6 weeks because I filed exemptions with them and they were not familiar with the new exemption forms so they let everything sit.
I had to make several polite calls to get them to finally call the SP to ask them what to do with the new forms.
It could be worse I hear of people waiting 6 months in towns with no local PD.
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Are your towns collecting $18 for the SP each time you apply for PPP's ?
Mine's been doing it since 2008.
They want you to pay for a backround check before they give you permits and again when you do the NICS check
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that was allentown we also went to windgap that one sucked
Did you end up getting them from Eagle or another dealer?
The ones I noticed to be ex snipers were $150 on Saturday.
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Was that at Allentown or Wind Gap?
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Buy a Mossberg 590 8 + 1 capacity of 2 3/4 Has a heat shield and you can get it with a regular stock or a Speedfeed stock
You can always put a pistol grip on it later
It's a real crowd pleaser
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The BATF started "interpreting" the federal regulations that way at the beginning of last year.
Same goes for receivers (AR 15 AR 10 etc) unless a rifle stock is already attached - all have to be purchased in you home state.
As for pump shotguns all configurations are legal in NJ.
The unveiling(caution pics!)
in C&R Military Surplus
Posted
I was at the CMP store this morning (and after the 7 hour ride I'm now home) and was looking at the snipers there. Was very tempted to buy one but $1500. wasn't in the budget right now. Ended up getting a service grade WRA and a service grade HRA - both in better shape than I would have expected. Maybe next time I'll have more cash for a sniper. Thought I died and went to heaven when I was in that store.