leahcim
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Posts posted by leahcim
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27 minutes ago, GRIZ said:Put your hollowpoint bullets in your car or let the mover move them.
IANAL but I can't see a prosecutor going after you.
I related earlier someone was arrested at Newark Airport for having a hollowpoint bullet on a Keychain but not prosecuted.
If it comes down to that, you don't need a "gun lawyer" you need a good criminal defense lawyer.
I predict you will make your move with no problems.
I 100% agree. Just load the ammo in your vehicle and drive out of this state (maintaining speed limit) and shake the dust off your feet when you leave.
Don't let your Mom call the police, don't agree to drive back and meet the police somewhere in NJ, do not consent to search-these are a few of Aitken's mistakes.
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On 2/17/2023 at 11:03 AM, CMJeepster said:Judged by 12.
Unfortunately, in NJ, you could do everything right, you could follow NJ law perfectly and clearly defending against deadly force. Still it is highly likely you will be indicted and charged and you will be judged by 12; hopefully acquitted. And you, the victim, will end up paying a boatload of money for the privilege.
From the original story: "Even if you are rightly defending yourself or a family member or any other person, Reale says the climate in New Jersey will impact the decisions of investigators and law enforcement with regard to how they proceed, “and while in maybe 48 states, you wouldn't get indicted, in New Jersey, you run the serious risk of being charged. Even if common sense says it's a righteous shoot, it's likely you're going to have to go through a court of law.”
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8 hours ago, 45Doll said:This illustrates how poorly and inconsistently NJ writes laws that later entrap citizens harboring no criminal intent. They treat hollow point bullets (yes, just the bullet, not the assembled round) as though they were nuclear weapons.
It may be helpful to recall that the starting point in NJ statutes is that EVERYTHING is banned. And then EXCEPTIONS are 'granted' to us lowly serfs.
And this was a big part of Aitken defense argument, that the law was overly vague. Unfortunately the appeal court did not agree.
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5 hours ago, ESB said:You are missing the point. Aiken did NOT get in trouble because he had them while moving. Read that again. It is legal to possess HP if you are travelling from one home to another.
It says so right on the NJ State Police FAQ website. Please show me the law that specifically states that you cannot possess HP ammo when moving. Also please email the NJ State Police and let them know that their website is wrong. That you cannot actually travel from one home to another with HP ammo.
Firearms Frequently Asked Questions (FAQ's) | New Jersey State Police (nj.gov)
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I’m not a police officer, are hollow points legal for me to possess?
Yes. They are legal for purchase and possess in your home or on land owned by you. They are legal to possess and use at a gun range. They are also legal to possess while traveling to and from such places. Ammunition lacking a hollow cavity at the tip, such as those with a polymer filling, are not considered to be hollow point ammunition. An example of this can be seen with the Hornady Critical Defense / Critical Duty, Cor-Bon PowRball / Glaser Safety Slug and Nosler Inc. Defense ammunition.
That count (HP) is literally the only charge that was not overturned on appeal:
"and fourth-degree possession of prohibited ammunition (hollow nose bullets), in violation of N.J.S.A. 2C:39-3(f)(1) (count three). We reverse the convictions on counts one and two, but affirm the conviction on count three."
Their argument was: "APPELLANT WAS ERRONEOUSLY CONVICTED FROM POSSESSING HOLLOW NOSE AMMUNITION BECAUSE THE STATUTE BANNING SUCH AMMUNITION IS VOID FOR VAGUENESS AND THE STATE WAS
UNABLE TO PROVE ITS CASE; FURTHER, THE APPELLANT'S POSSESSION OF SUCH AMMUNITION IS EXEMPTED.
POINT 7: THE DEFENDANT'S POSSESSION OF HIS LAWFULLY ACQUIRED PROPERTY WAS PROTECTED UNDER THE SECOND AMENDMENT."but they lost in NJ court and in appeal.
HP are illegal in NJ, but there are exceptions/exemptions,
"N.J.S.A. 2C:39-3(f)(l) specifically prohibits possession of "hollow nose or dum-dum bullet
The court in Aitken specifically cites the difference in there transport law for weapons vs HP ammunition, and the fact that HP does not allow for transport between homes, as the law for weapon transport does:
"Brian also argues that, using the rule of lenity, we should interpret N.J.S.A. 2C:39-3(g)(2)(a) as including an exception for moving hollow nose bullets between residences, even though it is not included in the statutory language.
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N.J.S.A. 2C:39-3(g)(2)(a) provides as follows: "Nothing in subsection [(f)](1) shall be construed to prevent a person from keeping such ammunition at his dwelling, premises or other land owned or possessed by him, or from carrying such ammunition from the place of purchase to said dwelling or land . . . ." In contrast to N.J.S.A. 2C:39-6(e), which concerns exemptions with respect to the possession of weapons, N.J.S.A. 2C:39-3(g)(2)(a) does not contain a specific exemption for possession while moving between residences. Citing the concept of lenity, Brian argues that we should read that exemption into the statute."
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On 2/27/2023 at 7:20 AM, 124gr9mm said:Aiken was not moving his stuff from his old home to his new home. He was traveling around NJ with all of his stuff in his trunk crashing on couches while he "looked for a permanent dwelling". He was leaving Point A (house for sale in CO) but he didn't have a Point B (residence in NJ). He just had his guns and ammo stored in his trunk while he randomly crashed with friends and relatives. (I think it's absurd that he was charged, but that's a different discussion).
That's a very different scenario than you packing stuff in your vehicle and going directly to your new residence.
Yes the travel laws do not explicitly state that you can go from your residence to your residence, but if there is ANYWHERE you're allowed to take them (range, competition, etc) then there is an implicit implication that you can return to your home with them.
In the Aiken case the judge didn't allow the travel rules to be read to the jury because he didn't think Aiken was in the act of moving. (I again disagree)
Again, I'm not a lawyer, and you have to do what makes you comfortable, so go ahead and get rid of all your HP ammo or spend money mailing it to your new place.
I would not hesitate to pack it and go.
Aitken did make mistakes, especially consenting to search, but does anyone seriously think this should have earned him three felonies?
As for the OPs HPs, you can transport HPs from home to range and from range back home, right? Why not just drive from house A to the range (literally just pull into the parking lot) then drive from the range to house B?
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And prior to Aitken many of us would have believed that the moving exemption, which applies to many other gun transport laws, would also implicitly apply to HPs. Bad assumption and Brian Aitken found out the hard way. I believe HP was the only one that wasn't overturned on appeal. Makes you wonder what other interpretations have we made that would not stand up in court.
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15 hours ago, GRIZ said:Okay, illegal in some states. But SCOTUS upheld them.
Border Patrol Checkpoints. Going back 50 years ago. The 3 largest Mexican communities were Mexico City, LA, and Chicago. Today there are more illegals in LA than US citizens. That's the reason for Border Patrol checkpoints.
I only have seen them in AZ, I-8 coming out of Yuma.
Yeah, I understand the reason-essential liberty for temporary safety. I'm sure most agents are putting they're lives on the line to protect our nation; And I think I'd support the CBP mission more if it weren't for the fact that the mission is undermined by almost every Democrat, including current POTUS, and failure to enforce existing laws and execute policy against illegals. As it is, those CBP checkpoints seem like they're basically for show. How many illegal entries have CBP really prevented?
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On 2/17/2023 at 8:26 PM, GRIZ said:Tough talk but concealing a death is a crime in most jurisdictions.
And at the present time, very high likelihood they'll figure it out, with all the technology at police disposal, and neighbors ring camera etc.
And I'm pretty sure this kind of action would pretty much destroy any self defense claim you might have had.
Don't mess with evidence, they will figure it out and jury will assume you're guilty.
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11 hours ago, GRIZ said:Okay, regarding your 1% of your stops.
Sobriety checkpoints have been ruled Constitutional by the Supreme Court. If you believe in the COTUS, you have to accept sobriety checkpoints.
Border Patrol Checkpoints? Long established as legal by SCOTUS. Once again if you believe in the COTUS whether you like it or not.
I spent my career dealing with SCOTUS decisions. Whether I liked them or not.
I don't disagree that these decisions exist, I do disagree with the decisions. But that's just my opinion. And I think these checks just waste everyone's time.
BTW, The sobriety check points are unconstitutional in some states which have stronger constitutional protection of individual privacy and liberty, like my home state of Washington--as liberal as it is, still has a "State Constitution [that] also protects the privacy rights of individuals at home or in private affairs including in their vehicles"
"Fortunately for Washington residents, DUI checkpoints are unconstitutional. In the 1988 case City of Seattle v. Mesiani, the Washington State Supreme Court ruled that these roadblocks lack the particularized and individualized suspicion of criminal activity. This violates Article I, Section 7 of the Washington State Constitution. As a result, police in Washington do not have the authority to establish DUI checkpoints."
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4 hours ago, CMJeepster said:Sometimes it's unavoidable.
Agree, but 99% of my traffic stops have been because I committed infraction. Unavoidable stops have usually involved unconstitutional (IMO) sobriety checks or CBP checkpoints.
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On 2/17/2023 at 10:40 PM, Cheflife15 said:I'll follow whatever laws are in place, but if you watch other videos on this account, you'll see alot of audits don't go quite so smoothly. My brother is a cop and I come from a family of cops. I'm polite, follow the law, and move on.
Unfortunately alot of the cops ive met don't think highly of ccw, but a few do. I've seen alot of this comes down to the town, politics of it, etc.
The best advice Is don't give them a reason to stop you to begin with.
I agree 100% I've watched a lot of these audit videos and the LEOs are almost always wrong-making bad assumptions, over stepping their authority, making up laws, etc. That's why this one is so exceptional.
And yes, don't get stopped in the first place!
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I think this shows a pretty good interaction. Pulled over for expired registration. Things could have gone badly if the LEOs freaked out. But everyone stayed calm and polite, ended well.
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So it looks like Dark Storm just removed the brace and now it is back on their web page as non-NFA firearm:
Just remove the brace and you're good
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13 hours ago, 1LtCAP said:which is all well and fine till ya have a "karen" shooting in the next lane, notices your brace, and makes a phone call......
i'll take none for 100 alex.......
i think you're right.
but there's been several videos of reputable gun channels talking about the trap that's in this bill if one goes to register them.......
Yeah, I watched one of the videos about this as an ATF trap-something about your application not approved within 88 days, then it is automatically denied. Then you become a felon, you've provided written and signed evidence, and they know where you live.
And OBTW, don't expect one ATF agent to show up with a friendly knock on your door, that door is coming down with a battering ram and a team of agents surrounding your home.
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8 hours ago, Redipski said:Also having a Troy, I just got a 16" barrel from Windham Weaponry on sale for under $100 shipped (muzzle device included, is 9mm/blowback, so no need for gas block/tube & already have a stock I can use) Yes, spending more $$ on an already pricey gun sucks, but whats the alternative? $200 registration? Don't think so. Turning in a $1400 firearm with no compensation? No way that's happening. On difference is now I'll have a PCC, no big deal.
ATF says they're waiving the $200 fee on this, one time deal. I think the bigger problem is NJ probably doesn't allow it as an SBR.
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23 minutes ago, PK90 said:I'm not sure about optics. I would say that that doesn't matter, because you can still cheek weld the extension.
ATF "suggests" changing the CAR extension to a pistol extension.
Yeah, they mention optics in the Shot Show ATF panel (IIRC), saying you couldn't use it without shouldering the weapon. And they brought up changing to a pistol extension-is that because the pistol ext will not accept a stock or brace?
12 minutes ago, ESB said:Only optics that have eye relief would get you in trouble. Ie magnified optics (even an LVPO). Red Dot type optics should be OK.
Oh okay, makes sense. Thanks!
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11 minutes ago, PK90 said:Taking off the brace does not make it shorter. The >26"OAL is measured from the end of the receiver extension to the barrel's tip w/o the FH. And taking off the brace does not change the non-NFA classification. You still need two hands to use it.
So sounds like removing the brace, and getting rid of it, and remove any optics, solves the problem.
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The ATF Q&A from Shot talked about constructive possession/intent (e.g. best to lose that SBA3 or lock it in a safe deposit box). Or change out the buffer tube to a pistol buffer tube that will not accept a stock or a brace
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2 hours ago, FunGun said:So 120 days to comply? When does the 120 days start?
Probably when the rule is officially finalized and published in the federal register.
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So just removing the brace and FVG turns it into a legit HG, or does one also need to change the buffer tube?
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19 minutes ago, Mr.Stu said:The VFG makes it designed to be fired with two hands. A pistol, by definition, is designed to be fired with one hand. Therefore, your non-NFA Other did not become a pistol when you removed the brace, regardless of barrel length. There is no maximum length for a pistol barrel, BTW.
https://www.guns.com/news/2020/06/02/budget-buntline-heritage-rough-rider-16-inch
Thanks! I was confused by the language on Dark Storm website "
- It is not a PISTOL, as it has a barrel length of 12.5" and features a forward vertical grip, as it designed to be fired with two hands."
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On 1/17/2023 at 2:49 PM, JackDaWack said:ATF "letters" are non binding and are meaningless.. anything the ATF puts out can completely override the last.
lol, ATF calls up manufacture for shipments of banned firearms, tracks to FFL, asks FFL for sales records...
ATF is standing at your door.
Just standing outside, politely waiting for you to open the door and give them permission to search? That's not how the Three Letter govt Agencies roll. I think they're coming in like an FBI/SWAT team after an insurrectionist. Breaking down doors and crashing through windows at 0300. So when everyone sees the video they will be mostly intimidated to turn in all their legal weapons
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19 hours ago, Lawnmower2021 said:I noticed that many "others" manufacturers/distributors have taken down their "other" listings.
I reached out to my manufacturer (ACI) as well and they told me to check later. I'm sure people are still combing for all possible options.
Yeah, Dark Storm took down the non-NFA listings and put up a blurb about pistol brace ruling.
You can still find the non-NFA offerings on their website via Google search or direct link. But they aren't selling them until this gets corrected. I think the DSI and Troy offerings are more difficult. If you remove the brace, I don't think it becomes a pistol due to 12.5" barrel?? Does that make it still an SBR or an AOW with the brace removed? Or OTOH, does the FVG serve to bolster the "not designed to be fired from the shoulder" argument? I would wait and see if this whole, poorly thought through ruling lasts the 120 days...
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26 minutes ago, Golf battery said:I agree. I said its an other firearm. Tried to explain the difference. All he kept saying is if the barrel is less than 16”. Its a sbr. I told him. You guys gave out a letter to troy okaying it as an other. Then both agents said if its not a 16” its a sbr. I kept telling him. Theyre friggin idiots.
Wow, sounds like scientologists or other cult members. Don't think, just keep repeating what they're told.
Thanks for engaging them and reporting back!
Joe Biden is coming for your "assault weapons."
in National Gun Law Discussion
Posted
Come on man, it's common sense! Plus these AR-47 fully semi full auto can shoot a 5.56 caliber bullet like 5x faster than any other gun ever made. I was 30, she was 12, it was a beautiful thing. And they completely liquidate every organ of anyone they hit.
Come on man, it's just common sense. You can't buy a cannon.