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kman

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Posts posted by kman

  2. Posted

    I agree.  If you are limited to 10 rounds, and buying from scratch, why buy a bulky gun made to handle more?

    If you want to go for the bulky gun, go for one that has 10 rounds of .45

    This new Glock 48 looks thin and no ugly rail in front, almost looks like a plastic 1911.  Looks very nice.  I'd buy it if I didn't already have something else.  Plus the usual Glock virtues - lightness, reliability, durability, the certain blockiness that is their trademark, the weird but oddly effective trigger...

    If I lived in a state that did not require a permission slip to be obtained at great administrative inconvenience to buy one, I'd probably go get one right now.

  10. Posted

    I reiterate:  Pay ANJRPC $40 for a non-range membership, get ahold of one of their newsletters and call one of the NJ lawyers listed in the back of the newsletter who give free advice to members.

    NJ is a screwy state.  Don't ask the police what the law is, they don't know the law.

    Don't rely on forum threads either.  The law is too weird here to get good advice in a conversation online.

    We are talking felonies if you fall short, and extreme inconvenience if you needlessly over-comply with the law.  So get some real legal advice before you do anything!!!!

     

    • Like 2

  11. Posted

    If NJ police officers enforced the law on stun guns and TASERs, they likely violated a federal injunction put in place by a federal judge.  Not a thing anyone wants to be found out doing.

    https://d3n8a8pro7vhmx.cloudfront.net/nj2as/pages/1232/attachments/original/1511735116/Tasers_Legal.pdf?1511735116 See p. 4-9.

    If they violated an order entered by a federal judge, to deny you a federal constitutional right, there are big consequences.  The same law that held corrupt racist sheriffs in the old south criminally responsible for violating civil rights still apply.

    You probably can sue the police in federal court under 42 USC 1983

    https://www.law.cornell.edu/uscode/text/42/1983

    And probably get your attorney fees back under 42 USC 1988

    https://www.law.cornell.edu/uscode/text/42/1988

    This is really something the ANJRPC ought to be on top of, they ought to have attorneys ready to go on this.  It is free - the police have to pay the costs and attorney fees when they lose.  Police don't tend to respect rights unless they are very clearly enforced in court to the point that it hurts.  Only then do they take rights seriously.  It is human nature.  Nobody pays very much attention to what's in their way unless there are consequences.

  12. Posted

    For goodness sake.

    First, join ANJRPC. 

    https://www.anjrpc.org/default.aspx

    It is cheap, and if you are a member, you can call one of the attorneys in the list in the back of their monthly magazine, and get real advice from a real NJ gun lawyer free of charge.

    Additionally, you may want to consider just renting a storage locker in PA to store the bulk of your collection, rather than bringing them all here.  If you have that many, don't bring them here.  Just bring the ones you would like to shoot.  You might ultimately end up driving out to a PA range to shoot them anyhow, as many of us in NJ do.  Enjoy the fishing here, you won't get in trouble for fishing!

    Don't ask the police here what the law is. They don't know.  Their job here as most of them see it is not to protect your collection, but to ultimately come and take it from you.  Though they issue the permits, you get the notion that they only issue them to you because they are required, and they would rather not.  Totally different mindset.

     

     

  14. Posted

    This is an interesting circumstance you have because it presents a great opportunity to litigate the magazine ban in court.  The police have the magazines.  They will not return them, your property, to you, on the basis of the law.  You therefore have standing to sue the police to get the magazines back, on the basis that the law is unconstitutional.

    Many constitutional cases are thrown out due to lack of "standing" because you did not actually (for instance) get arrested for violating the law, and thus the court says there is no controversy before it to decide.

    in this instance you have clear standing to sue, without having to break any law and get arrested, and without having to get over the "standing" hurdle that blocks so many civil rights cases.  The state has your magazines, required functional parts of your constitutionally protected firearms that are required for your firearms to work, and the state is refusing to return them.  No dispute they are yours, no dispute that the basis for them taking them from you originally has been eliminated.  That is infringement of a constitutional right, for sure.

    Seems to me that one of the gun rights organizations such as the NRA, ANJRPC, or, more likely, the SAF (Second Amendment Foundation) might be interested in hiring attorneys to take your case.

  16. Posted

    1 hour ago, capt14k said:

    Where does NJ say you can't have it mailed?

    Sent from my XT1585 using Tapatalk
     

    No idea.  All I know is the CMP won't ship rifles to NJ residents, since somehow someone in the state police found out they were doing it and stopped it, saying it was illegal.  I think that was like 5-10 years ago.  It also was formerly understood C&R licensees could not receive shipments of firearms in the mail in NJ either.  Something about it not being a legalized intrastate private sale (NJ to NJ resident) with COE filled out, and not a sale through a NJ dealer, so it didn't fit into either category of legal sale.

    If you think the new law legalized direct mail shipments to C&R licensees, you ought to ask a lawyer to really look at it to make sure.  It would be odd indeed if Murphy expanded gun rights with this law.  Perhaps he did.  Would be nice if so.  But don't risk a felony by leaping to conclusions about what is legal and what is not.  This is something you want to be 100% sure about before you even think about doing.

    • Like 1

  17. Posted

    Woah now, just because some NJ laws say that someone with a C&R license is allowed to do certain things does not mean that NJ is just going to let you do everything with it that you could do if you lived in, for instance, Texas.

    You can't do anything with a federal C&R License if state law forbids it.  That's right in the C&R handbook.

    https://www.atf.gov/resource-center/docs/p-5300-11-firearms-curios-or-relics-listpdf-0/download

    Read p. 52-53.  If NJ doesn't allow it, you can't do it.

    I don't see anything anywhere that says with a C&R license you can have curio and relic guns mailed to your house, for instance, even though if you lived in Texas it would be OK.  From what I have seen, NJ still says that's a no-no.

  19. Posted

    10 minutes ago, capt14k said:

    I wonder which NJ Dem donor is a collector? Between the clear recognition of FFL03 and over 10 round exemption for certain rare rifles it's almost as if the law was written to protect someone's interests.


    Sent from my iPad using Tapatalk

    That is a really good question.  Supposedly, officially, anecdotally, we have been told over and over again that C&R licenses don't do anything for you in NJ, aren't worth getting, aren't recognized...and yet the license is given deference in one form or another in most of the gun laws NJ has enacted in the past decade.

    If the license is worthless in NJ, why is it repeatedly respected by the legislature as an exemption from many of the laws they enact?  

    That is a really good observation - someone in the legislature with some political power must be a collector.

    The real question is what is worse?  Having to make several trips to your local police department and have them look at you funny while you fill out forms and ask politely for permission for a precious purchase permit that expires before you can even buy what you want, and wonder if you are going to get fired when they call your employer and tell your boss that you are buying a handgun, OR get a federal license and wonder when the ATF will demand an inspection, and wonder if NJ is going to misinterpret the law and arrest you?  I don't know which is worse...

  20. Posted

    24 minutes ago, capt14k said:

     


    Federally you are fine whether it is a dealer or individual if you have a FFL03 and it is a C&R. The question becomes bringing it back to NJ. As a non resident of NJ you can buy handguns and bring them with you if they are NJ Legal. You should be able to do the same but the new law clearly says Pistol Permit is still needed. Longguns there is zero issues.


    To correct an eroneous statement made by someone in another thread buying a antique longgun is perfectly legal inside and outside of NJ without a FID or NICS. Somehow though they cant be shipped to your door.


    Sent from my iPad using Tapatalk

     

    A pistol permit is needed to acquire a pistol in New Jersey.  If you acquired it legally outside of NJ, then the acquisition is not in New Jersey and would seem to not be subject to NJ law or NJ paperwork requirements.  A pistol permit has nothing to do with possessing a pistol you already own.

    After purchasing under a C&R license in person out of state, all that would seem to be left is possession and transport from the point that you re-enter NJ to your house in NJ.

    You could transport it back to your house (and through the NJ portion) because you are allowed to transport a handgun from place of acquisition to home under NJ exemptions.

    You could possess it enroute and then at home through exemptions, like any other firearm you own.

    The only question would be whether a C&R FFL would allow you to purchase, outside of your residence state, a handgun, without a federal requirement that your resident state's paperwork be done at point of sale in another state.  I don't see any requirement.  There might be...and was wondering if anyone knew.

    NJ has no power to require you to fill out a form in, say, Montana.  NJ can't jail you for not filing out a NJ form permitting activity not in NJ which is allowed in Montana.

    The only reason people fill out NJ Certificates of Eligibility when purchasing long guns from dealers outside of NJ is that federal law requires dealers to comply with the law of the state they are doing business in, and the residence state of the purchaser (for us, NJ).  Federal requirement, not NJ requirement.  So the NJ form is in that case federally required.  NJ has no jurisdiction over that sale.  NJ can't put you in jail if you don't fill out the form when buying outside of NJ - the ATF could get the dealer in trouble under federal law if the dealer didn't do it.  And few dealers even bother, because it doesn't appear the ATF cares about NJ forms anyhow.  Even Wal Mart in PA doesn't care about NJ forms.

    Remember the NJ Pistol Purchase permit only applies when purchasing pistols in NJ.  Doesn't have anything to do with possessing one in NJ which you already owned or acquired.  Since the Gun Control Act of 1968, you cannot legally purchase a pistol in any other state than your residence state, which means your home state is the only place you can buy one, and your home state is thus free to put whatever rules and paperwork requirements it wants which you can't escape by going out of state.  C&R FFL would appear to be a way to get out from under that and open you to a 50 state market -- in exchange for direct oversight, regulation, inspection, record keeping and enforcement by the ATF under a federal license.

    I say all the above as "appears to be" because I don't know.  I don't know if it really is legal or if the ATF has regulations disallowing this.  I'm wondering if anyone can actually confirm it by experience or having been told by someone having some sort of authority.

     

    • Like 2

  21. Posted

    I guess the $64,000 question is can you get a C&R FFL, go to a FFL dealer's licensed place of business in, say, Montana for instance, and buy a C&R eligible handgun (say a 1920s era S&W revolver in some obscure caliber for instance) on your C&R FFL, without a NJ Pistol Permit, take possession in Montana over the counter, presenting your federal C&R FFL, and logging it into your bound book, without any NJ pistol purchase permit being present or filled out, without violating any Federal laws. 

    It would seem that you can.  But has anyone confirmed this?

    How would NJ law apply there?  It would seem to be the same as buying a blackpowder handgun in PA.  No federal law preventing it, no NJ state law applying, so the acquisition is legal.  NJ state law on acquisition doesn't apply outside of NJ's borders.  Just (in that case) Montana, and Federal law.

    The Montana dealer can't sell an ordinary NJ resident a pistol in Montana.  Federal law bars an unlicensed person purchasing and receiving a handgun from a dealer outside of their state of residence.  But the question of whether a dealer in Montana can sell a C&R handgun to a NJ resident, face to face at the dealer's premises in Montana, with a C&R FFL - which allows them to receive it and log it into their bound book (subject to Federal ATF inspection) - that's the question. 

    Looking for an answer to that one.  If no federal law bars that sale and transfer, then it would appear the answer would be yes.

    Does anyone know for certain?

     

    And I'm not talking about what anyone thinks might be the case - does anyone actually know?  Actually did it, or was told by someone in authority that would be permitted?

    • Like 4

  22. Posted

    6 hours ago, MartyZ said:

    I would say the same about flash hiders, and bayo lugs. The AR15 WAS designed with flash hiders and bayo lugs in mind, so removing them could also be construed as manufacturing. All I am saying is that we got an AG letter for Hornady Critical Defense ammo, we got an AG letter for the shockwave and Tac-14. So why, all of a sudden, would it be detrimental to get a similar letter for fixed AR mags?

    An AG letter for Hornady Critical Defense ammo?  Where would I find that?

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