mac 90 jersey legal ?

[paul471 0]

I am new to the forum and just wanted to make sure a mac 90 with a thumbhole stock and a threaded barrel is legal in nj?

[vladtepes 1,060]

1) is the weapon specifically named as a prohibited assault weapon as per NJ law?

 

Algimec AGM1 type

Any shotgun with a revolving cylinder such as the "Street Sweeper" or "Striker 12"

Armalite AR-180 type

Australian Automatic Arms SAR

Avtomat Kalashnikov type semi-automatic firearms

Beretta AR-70 and BM59 semi-automatic firearms

Bushmaster Assault Rifle

Calico M-900 Assault carbine and M-900

CETME G3

Chartered Industries of Singapore SR-88 type

Colt AR-15 and CAR-15 series

Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types

Demro TAC-1 carbine type

Encom MP-9 and MP-45 carbine types

FAMAS MAS223 types

FN-FAL, FN-LAR, or FN-FNC type semi-automatic firearms

Franchi SPAS 12 and LAW 12 shotguns

G3SA type

Galil type

Heckler and Koch HK91, HK93, HK94, MP5, PSG-1

Intratec TEC 9 and 22 semi-automatic firearms

M1 carbine type

M14S type

MAC 10, MAC 11, MAC 11-9 mm carbine type firearms

PJK M-68 carbine type

Plainfield Machine Company Carbine

Ruger K-Mini-14/5 and Mini-14/5

SIG AMT, SIG 550SP, SIG 551SP, SIG PE-57 types

SKS with detachable magazine type

Spectre Auto carbine type

Springfield Armory BM59 and SAR-48 type

Sterling MK-6, MK-7 and SAR types

Steyr A.U.G. semi-automatic firearms

USAS 12 semi-automatic type shotgun

Uzi type semi-automatic firearms

Valmet M62, M71S, M76, or M78 type semi-automatic firearms

Weaver Arm Nighthawk

 

YES - Illegal

NO - proceed to question 2

 

2) is it substantially identical to any named assault weapon. Substantially identical as defined by AG guidelines.

a rifle is substantially identical if it is a semi automatic rifle with detachable magazine and TWO of the following are present...

* Pistol grip

* Bayonet Lug

* folding or telescoping stock

* flash hider or threaded barrel capable of accepting a flash hider

* grenade launcher

 

YES - Illegal

NO - Legal

 

that will apply to all semi auto rifles.. the only issue is the thumb hole stock.. I think of that as a pistol grip.. you may not.. it has been debated at length here.. I would not personally take the chance of having a threaded barrel AND a thumb hole stock.. I have not seen a definitive letter from the AG regarding thumb hole stocks..

[Dan 177]

+1

[intercooler 41]

mak 90 is perfectly nj legal, in fact there is a court case that ruled exactly that. The threaded barrel ones are VERY unusual, i suspect that what you have is actually on that has the threads machined off. they are not threads...some early mak 90's do have threaded barrels so you need to pi/weld a ak brak or a muzzle nut on to nj legal

BTW, I have 2 mak's

[BRN169 6]

mak 90 is perfectly nj legal, in fact there is a court case that ruled exactly that. The threaded barrel ones are VERY unusual, i suspect that what you have is actually on that has the threads machined off. they are not threads...some early mak 90's do have threaded barrels so you need to pi/weld a ak brak or a muzzle nut on to nj legal

BTW, I have 2 mak's

 

Shhh, don't let Paula Dow know about them... They were advertised as "AKs" Since that is the new standard for a gun being substantially identical we shouldn't draw attention to them... LOL

 

 

The original decision regarding the MAK-90:

 

Gun Ban Struck Down as "Unconstitutional"

96-02-28 10:23:19 EST

 

For Immediate Release For More Information:

February 27, 1996 NRA Public Affairs

(703) 267-3820

 

Gun Ban Praised by President Clinton

Struck Down as "Unconstitutional"

 

"[W]e need a national law to do what New Jersey has

done here with the assault weapons (sic).... egin

with guns, and prove that we can do in America what you

are doing here in New Jersey."

 

-- President Bill Clinton

October 8, 1993

 

The model for the 1994 Clinton Gun Ban was struck down in New

Jersey yesterday on constitutional grounds. The Superior Court

of New Jersey found the gun and magazine ban unconstitutionally

vague and a violation of due process rights.

 

"NRA has argued for years that gun bans violate basic civil

rights and draw distinctions where distinctions don't exist,"

said Mrs. Tanya K. Metaksa, Executive Director of the National

Rifle Association Institute for Legislative Action (NRA-ILA).

"A Superior Court concurs with NRA -- a Superior Court in New

Jersey, the factory floor of the Clinton Gun Ban."

 

In State of New Jersey vs. Robert D. Merrill, the court

dismissed the gun possession charge as unconstitutional. The

Florio Gun Ban prohibits a list of named firearms (including

"Avtomat Kalashnikov type semi-automatic firearms," for example)

and those substantially identical" to the named guns.

 

Similarly, the Clinton Gun Ban prohibits a list of named firearms

(those "known as" the "avtomat Kalashnikov," for example)

together with "copies or duplicates." Merrill possessed a Norinco

MAK-90, a semiautomatic rifle with Kalashnikov

action. The prosecutor charged that Merrill was guilty of

possessing a banned gun, arguing that MAK-90 was "substantially

identical" to guns banned by name.

 

The Court said:

 

"How is this Defendant or any defendant to know if his

firearm is 'substantially identical' unless he is intimately

familiar with the nomenclature of the 37 other weapons?

This is an impossibility and a task which the law cannot

require.... To prohibit substantially identical' firearms

is an unconstitutionally vague approach which cannot be

countenanced (emphasis added)."

 

The court dismissed the charge of unlawful possession of a

magazine in excess of fifteen rounds, because the law violated

due process and ex post facto protections. In short, when then-

Governor Florio signed the ban, law-abiding owners of proscribed

magazines unavoidably became criminals, whether they kept the

magazines or disposed of them.

 

"Gun bans don't deter crime," said Mrs. Metaksa. "Gun bans

create criminals out of honest, law-abiding citizens."

 

-- nra --

 

=+=+=+=+

This information is provided as a service of the National Rifle

Association Institute for Legislative Action, Fairfax, VA.

 

This and other information on the Second Amendment and the NRA is

available at any of the following URL's: http://WWW.NRA.Org,

gopher://GOPHER.NRA.Org, wais://WAIS.NRA.Org, ftp://FTP.NRA.Org,

mailto:[email protected] (Send the word help as the body of a

message)

 

STATE OF NEW JERSEY, SUPERIOR COURT OF NEW JERSEY

Plaintiff LAW DIVISION-CRIMINAL PART

vs. MONMOUTH COUNTY

ROBERT D. MERRILL IND. NO. 95-02-260-1

__________________________________________________ _____________

 

ORDER

 

This matter having been opened to the Court by Evan F. Nappen, Esq.,

Attorney for Defendant, in the presence of Michael B. Mangini,

Assistant Monmouth County Prosecutor, and

 

The Court having heard argument of counsel and good cause having been

shown; and

 

The Court having determined that Count One of the indictment alleging

a violation of N.J.S.A. 2C:39-3j is unconstitutional for violating ex

post facto and due process; and

 

The Court having determined that Count Two of the indictment alleging

a violation of N.J.S.A. 2C:39-5f and incorporating

N.J.S.A. 2C:39-1w(2) as to the definition of "assault firearm" is

unconstitutional for vagueness and due process;

 

IT IS on this 26th day of February, 1996, ORDERED that the defendant's

motion to dismiss Count One of the indictment be, and the same is

hereby granted.

 

It is further ORDERED that the defendant's motion to dismiss Count Two

of the indictment be, and the same is hereby granted.

 

(Signed)

_____________________________

HON. MICHAEL D. FARREN, J.S.C.

[RecessedFilter 222]

When I spoke with the NJSP in the past, they said that a thumbhole stock was considered a pistol grip.

 

But who knows..

[Old School 611]

So, where are they available now and how much?

[BRN169 6]

So, where are they available now and how much?

Try Here first:

 

http://www.gunbroker.com/Auction/SearchResults.aspx?SearchType=0&Timeframe=0&Keywords=Norinco+MAK-90&Cat=3024&Items=50

 

http://www.gunsamerica.com/Search.htm?T=Norinco+MAK-90

 

http://www.auctionarms.com/search/auctions.aspx?ar=at&aa=Norinco+MAK-90

 

http://www.ebang.com/prgs/gbc4_metacatalog_displaycategory.cgi?action=search&pagenum=0&searchphrase=norinco+mak+90&catid=1&lpp=50&orderby=0

 

Get an idea of prices vs. condition and if you don't want to risk an online order plan a bunch of day trips to PA gunshows or start calling dealers.

[junkmanted 54]

i picked up one at Cabela's last year. I think it was marked wrong 350.00 unfired in the box .

 

I was in line waiting for a background check and a guy walks out of the back room with it puts it on the shelf and it wasnt there for a second and I grabbed it.

 

Mines a stamped receiver I wish I could find a milled one at a good price.

 

[tuktuk 16]

i picked up one at Cabela's last year. I think it was marked wrong 350.00 unfired in the box .

 

I was in line waiting for a background check and a guy walks out of the back room with it puts it on the shelf and it wasnt there for a second and I grabbed it.

 

Mines a stamped receiver I wish I could find a milled one at a good price

 

 

Wow wat a great buy! Sweeeet looking rifle. How is it in comparison to other russian style rifles? Pls let me know if you see another one like that.

[junkmanted 54]

Wow wat a great buy! Sweeeet looking rifle. How is it in comparison to other russian style rifles? Pls let me know if you see another one like that.

 

I like all the Chinese Norinco guns I have the Mac and a SKS and a Hunter they are well made guns.

[tuktuk 16]

I like all the Chinese Norinco guns I have the Mac and a SKS and a Hunter they are well made guns.

 

Nice. My sks is norinco and I never had a problem with it. Wud you happen to know if any of mac90z on the market are already NJ compliant ?

[BRN169 6]

Nice. My sks is norinco and I never had a problem with it. Wud you happen to know if any of mac90z on the market are already NJ compliant ?

If they are 922r compliant and have the factory fire control parts you should be good... Deal breaker would be flash hider, folding stock, etc.

[intercooler 41]

If they are 922r compliant and have the factory fire control parts you should be good... Deal breaker would be flash hider, folding stock, etc.

all mak 90's were originally produced in the Post ban style, there are a few that are converted underfolders (the receiver has the cross pressed in), some are converted type 56s'. these were a few that were converted, most had the threads turned off. it looks like threads, but they are machined. There are some that do have threads. The threaded ones are the ones that i would think only need a muzzle nut or comp welded. otherwise all other style mak 90's are legal here. they are also know as NHM90, bwk 91, bwk90 and the polytech sporter.

http://www.mouseguns.com/mak90web/mak90.htm

http://www.ak-47.us/Article_Detail.php?g=content1146683655

[The_Matrix 105]

I bought one in 1994 for $325 and sold it in 2007 for $200. It ate everything that it was fed. It was built like a tank, but I thought the fit and finish looked rather unimpressive. So that's why I sold it. I wish I waited for the Obama scare to get more money out of it.

[joshg138 0]

I picked one up in October from Gunsamerica for about $500. I put some money into it and replaced the thumbhole stock with a walnut stock & pistol grip Ironwood. It has a welded on muzzle nut, so it certainly meets the NJ evil features requirement. Once I replaced the stock all I had to do was put in a Tapco double hook FCG and ironwood hand guard, and there you go...922 compliant. Thanks to glenn, I have 2x 30 round mags that have been blocked to 15. Just to be on the safe side, I used my dremel to engrave CAP 15/30 on them. I didn't want to, but the last thing I need is any trouble with mag capacity. I also picked up 2 Tapco 10 round mags. They needed a little filing to fit well, but once that was done, they fit perfectly.

 

I absolutely love it. Now I'm thinking about converting a 5.45 Saiga.

[vjf915 456]

........can I ask how carving the mag capacity will help you avoid any legal troubles? Not like an RO or LEO is going to look at that and say "Oh okay, it SAYS it holds 15 rounds, so it must hold only 15 rounds."

[Jon 264]

........can I ask how carving the mag capacity will help you avoid any legal troubles? Not like an RO or LEO is going to look at that and say "Oh okay, it SAYS it holds 15 rounds, so it must hold only 15 rounds."

 

As much as I hate to admit it, several of the cops I work with would see that and say, "Oh ok that's legal". Then again half of them would have to actually look up the statute to know what the mag limit is for NJ...

[joshg138 0]

As much as I hate to admit it, several of the cops I work with would see that and say, "Oh ok that's legal". Then again half of them would have to actually look up the statute to know what the mag limit is for NJ...

 

That's exactly it. IF there were ever a problem, at least there is a CHANCE that the engraving would help.

[Jon 264]

That's exactly it. IF there were ever a problem, at least there is a CHANCE that the engraving would help.

 

An even better idea(if you had access to a professional engraver) would be to inscribe something along the lines of "Conforms to NJ39:2C magazine restrictions"

[vladtepes 1,060]

As much as I hate to admit it, several of the cops I work with would see that and say, "Oh ok that's legal". Then again half of them would have to actually look up the statute to know what the mag limit is for NJ...

 

 

Sadly I would have to agree.. I have a lot of friends that are LEOs and being a gun enthusiast I will talk to them at times about guns.. being a gun enthusiast is not a prerequisite to being LEO, and as you pointed out.. some of them.. some of them literally couldn't tell you the first thing about guns.. so much so that they will even ASK ME things sometimes.. because they know that I read up on all that kind of stuff because it is an interest of mine.. and the ones that happen to know anything about guns are normally gun enthusiasts themselves OR are ex-military...