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I have a friend that made an 80% lower years ago while living in a free state.  Now he might be transferred to Jersey.  Can he bring his 80% lower or should I tell him to ditch it before moving here?

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The state seems to think that they banned ghost guns with the last round of legislation. 

I would argue otherwise, but that is the position of our legal system right now. 

 

The law bans unserialized parts that CAN be made into a firearm, but are NOT considered firearms. 

So, the state has been stretching the definitions they created. 

Purchasing firearm parts to manufacture 1[untraceable] a1 firearm 1without a serial number1.  In addition to any other 1[penalty imposed] criminal penalties provided1 under 1[current]1 law, a person who 1, with the purpose to manufacture 2or otherwise assemble2 a firearm and without being registered or licensed do so as provided in chapter 58 of Title 2C of the New Jersey Statutes,1 purchases 1or otherwise obtains1 separately or as 1part of1 a kit 1a firearm frame or firearm receiver which is not imprinted with a serial number registered with a federally licensed manufacturer or1 any combination of parts from which a firearm 1without a serial number1 may be readily 1[assembled with the purpose to manufacture an untraceable firearm] manufactured 2or otherwise assembled2 , but which does not have the capacity to function as a firearm unless manufactured1 2or otherwise assembled2 is guilty of a crime of the third degree. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction under this subsection shall not merge with a conviction for any other criminal offense and the court shall impose separate sentences upon a violation of this subsection and any other criminal offense. 

     As used in this subsection, 1[“untraceable firearm” means an unlawfully manufactured firearm for which the sale or distribution chain from a licensed retailer to the point of its first retail sale cannot be traced by law enforcement officials] “firearm frame or firearm receiver” means the part of a firearm that provides housing for the firearm’s internal components, such as the hammer, bolt or breechblock, action, and firing mechanism1 2, and includes without limitation any object or part which is not a firearm frame or receiver in finished form but is designed or intended to be used for that purpose and which may readily be made into a firearm frame or receiver through milling or other means2.

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Federal law says marijuana is illegal and the states violate federal law by allowing it.  If the state can violate Federal law why can't a citizen violate State law?  Federal law says a citizen can make their own firearm.  XX% lowers are already on the radar so if you know anyone in a friendly state that wants one better tell them to get one fast.

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This topic is interesting also, relative to certain other components.  
 

Say you have a Sig that has caliber exchange kits, or want to swap a Glock 17/19/45, 43/48/43x, 20/21, etc slide on a (legally owned) part. Is this grounds for the authorities to, at minimum, hassle you as to intent?

Rationale being, the law as I read it, says, “ As used in this subsection, 1[“untraceable firearm” means an unlawfully manufactured firearm for which the sale or distribution chain from a licensed retailer to the point of its first retail sale cannot be traced by law enforcement officials] “firearm frame or firearm receiver” means the part of a firearm that provides housing for the firearm’s internal components, such as the hammer, bolt or breechblock, action, and firing mechanism1.” 

problem being, while it says receiver or frame, it also indicates firing mechanism.  Couldn’t an overzealous investigation say that parts of a striker fired mechanism in a slide count?  
 

Maybe it’s a stretch, but you can’t be too sure with these poorly written laws. After all, a replacement or different slide in a striker fired handgun (the serialized portion of which you already own) could be construed as parts or a kit for a “ghost gun” they will try to make the claim you had “intent” to make, might fall within the law as:

Purchasing firearm parts to manufacture 1[untraceable] a1 firearm 1without a serial number1.  In addition to any other 1[penalty imposed] criminal penalties provided1 under1[current]1 law, a person who 1, with the purpose to manufacture a firearm and without being registered or licensed do so as provided in chapter 58 of Title 2C of the New Jersey Statutes,1purchases 1or otherwise obtains1 separately or as 1part of1 a kit 1a firearm frame or firearm receiver which is not imprinted with a serial number registered with a federally licensed manufacturer or1 any combination of parts from which a firearm 1without a serial number1may be readily 1[assembled with the purpose to manufacture an untraceable firearm]manufactured, but which does not have the capacity to function as a firearm unless manufactured1 is guilty of a crime of the third degree.

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There are several threads addressing this and have conflicting conclusions.

I have found nothing in NJ statutes that says if you purchase, manufacture, acquire parts for and/or build a firearm (serialized  or not) OUTSIDE NJ then bring it into NJ (as long as it is NJ complaint) it is illegal in NJ.

I see nothing in any of the above responses that show it to be illegal unless NJ is claiming the reach of NJ law extends beyond its borders.

I think NJ knows how far it can go in its anti-gun agenda and out right saying you can't bring a firearm that the federal government specifically say is legal (which as of now they do in the case of so called 80% lowers is) would open up a can of worms that they don't want opened at this time. 

This said, that won't stop them from arresting and prosecuting you, so unless your friend has the time and money to fight to the supreme court, I'd advise if he does bring this gun to NJ he keeps it under wraps.

Its a damn shame, the US Supreme Court now has Constitutionalist Justices, and have all turned pussies and won't grant  certiorari to 2A cases that are indisputably infringement to any sane rational person person.

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2 hours ago, fslater said:

There are several threads addressing this and have conflicting conclusions.

I have found nothing in NJ statutes that says if you purchase, manufacture, acquire parts for and/or build a firearm (serialized  or not) OUTSIDE NJ then bring it into NJ (as long as it is NJ complaint) it is illegal in NJ.

I see nothing in any of the above responses that show it to be illegal unless NJ is claiming the reach of NJ law extends beyond its borders.

...

I am once again referring you to my post summarizing a conversation I had with a lawyer from Nappen's office.  NJ is actively prosecuting people who have manufactured firearms out of state and then brought them in state.
 



Your interpretation of the statutes may be "correct", but chances are high that if your manufactured firearm comes to the attention of the NJ criminal justice system you will be prosecuted.

I'm going to call again and see if any of the cases were settled or went to court and if there is any case law at this point.

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On 2/24/2021 at 7:05 PM, fslater said:

There are several threads addressing this and have conflicting conclusions.

I have found nothing in NJ statutes that says if you purchase, manufacture, acquire parts for and/or build a firearm (serialized  or not) OUTSIDE NJ then bring it into NJ (as long as it is NJ complaint) it is illegal in NJ.

 

 

 

Then you need to read better. 

 

"k.   Purchasing firearm parts to manufacture a firearm without a serial number.  In addition to any other criminal penalties provided under law, a person who, with the purpose to manufacture or otherwise assemble a firearm and without being registered or licensed do so as provided in chapter 58 of Title 2C of the New Jersey Statutes, purchases or otherwise obtains separately or as part of a kit a firearm frame or firearm receiver which is not imprinted with a serial number registered with a federally licensed manufacturer or any combination of parts from which a firearm without a serial number may be readily manufactured or otherwise assembled, but which does not have the capacity to function as a firearm unless manufactured or otherwise assembled is guilty of a crime of the third degree. Notwithstanding the provisions of N.J.S.2C :1-8 or any other law, a conviction under this subsection shall not merge with a conviction for any other criminal offense and the court shall impose separate sentences upon a violation of this subsection and any other criminal offense."

Obtains is a really broad term. 

If you have an frame that hasn't been serialized with a manufacturer licensed by the BATFE, or you have an 80% receiver, then you are at peril. 

one of the legal meanings of obtain is "to get and retain possession of" 

I don't think NJ would be able to do jack about you buying and building at your cabin in PA, but bring it into NJ and you got a problem. Buy an 80% for a paper weight? You got a problem. 

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This is something that needs to be cleared up in NJ gun law.  Obviously, the bill to clear that up could go one of two ways.  It could be used to tighten other portions of the law or it could be used to loosen other parts of the law.

My vote is the second.  Get out and vote Republican.  Give us a shot at getting something done.

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