Remove firing pin when transporting?

[boxjeff 1]

Just heard, on Fox new, about the 7 year sentence of a person transporting pistols in their trunk within NJ. They also mentioned that when in transport you gun must have the firing pin removed...is this true?

[Malsua 1,422]

Just heard, on Fox new, about the 7 year sentence of a person transporting pistols in their trunk within NJ. They also mentioned that when in transport you gun must have the firing pin removed...is this true?

 

No.

[Sigman 41]

No offense, but this sounds ridiculous.

[BRaptor 68]

No.

 

+ for the media

[Shane45 807]

No. And even if it was removed it would change NOTHING!

[crackaloon 15]

That would be a nightmare only a newsman with no guns could come up with.

[robot_hell 72]

Wish I could see a video of that broadcast, I could use a good laugh

[MedicYeti 96]

NO!!!

[stever 16]

No.. you only have to do that when transporting rocket propelled grenades and machine guns to and from the range..depleted uranium ammunition must be kept in a separate lead lined container..

[Guest megaman]

Just heard, on Fox new, about the 7 year sentence of a person transporting pistols in their trunk within NJ. They also mentioned that when in transport you gun must have the firing pin removed...is this true?

 

 

Why would that make sense? Do you know how a gun operates?

Then by logic I could stay out of jail if I pop the mainspring out?

LOL!!!!

[vladtepes 1,060]

Why would that make sense?

 

please... humor me... when was the last time sense was used to create gun laws.. especially in NJ..

[Wildbob 14]

Was that said on a news report or on the banter among the newscasters after the report? Sometimes, after they say "goodbye" to the correspondent, some silly comments occur.

[Fishpaw 17]

A while ago a friend who lives in NYC wanted to do a photo shoot and use some guns as props. He asked me if he could borrow some for the shoot. I told him that I couldnt bring any guns into Manhattan, to which he replied he thought it was OK if I removed the firing pins first. As if the firing pin was the controlled part of a gun. Seems to be a common misconception.

[halbautomatisch 60]

please... humor me... when was the last time sense was used to create gun laws.. especially in NJ..

Couldn't have said that any better. We have the most absurd gun laws anywhere!

 

We should probably stop talking about this now or Lorretta Weinburg might catch wind of this idea and push for another one of her "I know nothing about guns" gun laws.

[Maksim 1,504]

But here is the question... if you remove the firing pin.... is it still a firearm? It is not capable of firing.

 

It is still a firearm in the sense of the ATF, ie has serial number.

[Shane45 807]

Yes it is! (still a firearm)

[Guest megaman]

Oh lord...I mean really now. Can we kill this topic PLEASE?!?!

[Maksim 1,504]

No, seriously... the base answer we do know, but as an off shoot, it is a legitamite question, so stop being a douche.

 

If you get rid of key firing components... how is it any different from an airsoft gun? Have you seen some of these airsofts? the high quality airsofts in same cases even use regular AR lowers, and built 90%.

 

Izmash (saiga) also makes airsoft guns. In russia for instance, airsofts or guns firing rubber projectiles, are no less firearms in the eyes of the law.

[robot_hell 72]

Probably because the gun can be easily made to fire again. What separates replicas from real firearms is that they cannot be modified to shoot real ammo.

[Guest megaman]

No, seriously... the base answer we do know, but as an off shoot, it is a legitamite question, so stop being a douche.

 

If you get rid of key firing components... how is it any different from an airsoft gun? Have you seen some of these airsofts? the high quality airsofts in same cases even use regular AR lowers, and built 90%.

 

Izmash (saiga) also makes airsoft guns. In russia for instance, airsofts or guns firing rubber projectiles, are no less firearms in the eyes of the law.

 

 

No seriously, this is a silly topic, Id love to see a new gun owner try to take the firing pin out of their glock...LOL!!!

There would be no need to disassemble a gun. Heller decided that. Im just saying, nobody is going to do this anyway and feel that they can drive around with pistols in the trunk, through NYC back to Middlesex county, etc, I mean seriously...nobody is going to remove the firing pin and not break the transport laws...

[Maksim 1,504]

No seriously, this is a silly topic, Id love to see a new gun owner try to take the firing pin out of their glock...LOL!!!

There would be no need to disassemble a gun. Heller decided that. Im just saying, nobody is going to do this anyway and feel that they can drive around with pistols in the trunk, through NYC back to Middlesex county, etc, I mean seriously...nobody is going to remove the firing pin and not break the transport laws...

 

Vin, we are beyond the point that you do not need to disassemble the gun in order to transport it... just going beyond it to question at what point is a firearm not a firearm.

[Shane45 807]

...when you run the reciever under the band saw or run an endmill through the reciever.......

[Bob B 103]

Vin, we are beyond the point that you do not need to disassemble the gun in order to transport it... just going beyond it to question at what point is a firearm not a firearm.

 

It's a good question.

 

It depends on the law of the state you are in. In NJ:

 

"Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

 

"Handgun" means any pistol, revolver or other firearm originally designed or manufactured to be fired by the use of a single hand.

 

"Rifle" means any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed metallic cartridge to fire a single projectile through a rifled bore for each single pull of the trigger.

 

"Shotgun" means any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shots or a single projectile for each pull of the trigger, or any firearm designed to be fired from the shoulder which does not fire fixed ammunition.

 

 

"Designed to be" seems to be more onerous that "capable of."

 

This one probably depends on case law. I'll see if I can find anything.

[Bob B 103]

STATE OF NEW JERSEY v.ROBERT INGRAM

 

 

 

We turn to defendant's contention that

N.J.S.A. 2C:39-5( b ) is unconstitutionally vague and overbroad. The statute makes it a crime for a person to knowingly possess a handgun without having first obtained a permit to carry the weapon. The word "handgun" is defined in N.J.S.A. 2C:39-1(k) as "any pistol, revolver or other firearm originally designed or manufactured to be fired by the use of a single hand." Ibid. A "firearm" is in turn defined to include "any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet...." N.J.S.A. 2C:39-1(f).

 

There is no requirement in the statute that the weapon be operable. State v. Orlando,

269 N.J. Super. 116, 128-29 (App. Div. 1993), certif. denied, 136 N.J. 30 (1994)(citing State v. Gantt, 101 N.J. 573, 582-84 (1986)). Rather, in situations where a gun is not operable, the issue is whether "an object designed to deliver deadly force has been substantially altered as no longer to qualify" as a "firearm." Id. at 129 (quoting from Gantt, supra, 101 N.J. at 589).

 

Defendant asserts that the definition of "handgun" in the statute and as interpreted in Orlando and Gantt is vague and overbroad. The contention is without merit. We are satisfied that the statute is "sufficiently clear and precise so that people are given notice and adequate warning of the law's reach." Town Tobacconist v. Kimmelman,

94 N.J. 85, 125 n.21 (1983).

 

 

???

[Malsua 1,422]

STATE OF NEW JERSEY v.ROBERT INGRAM

 

 

 

 

???

 

Seems pretty clear there. Removing a firing pin does not unmake a firearm. It renders it temporarily inoperable but it's still clearly a firearm. A safety also renders a firearm inoperable, but it's still a firearm.

[Guest megaman]

Guns without bullets in them are inoperable, is it not a firearm then?

LOL...

[maideneddie 35]

What if you had no arms, would it still be a firearm then?

[njpilot 671]

I saw the show that was mentioned in the original post. It was Judge Napolitano on his show Freedom Watch while talking to Brian Aitkan's parents.

 

I cringed a few times during that report listening to some of the things the judge said. The man is very pro Constitution and pro 2nd Amendment, but unfortunately said some pretty stupid, uninformed things including that Christie was, ready, pro gun. I just shook my head in disbelief.

[Shane45 807]

Maideneddie YES!

 

 

 

 

 

 

wait for it

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[maideneddie 35]

I stand corrected and retract my last statement