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If this kid is clean, I hope gun right organizations jump all over this and turn it into a 2A constitutional battle over NJ's AWB

 

Otherwise, lets hope to see more jury nullification.

 

Sorry for the double post. I doubt that they will jump or do anything. I think most organizations are too afraid to challenge NJ's AWB.

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I imagine he did the lawful thing, and declare that he had a firearm in the trunk. Funny too because he was transporting it in the legal manner, which to me indicates he probably wasn't planning on misusing the firearm. After all, when committing a crime, one would want to get in, and get it over with ASAP. Which means not following proper protocol such as unloading it, keeping stuff separate, putting it in the trunk, and having it bagged up (or in a case, whatever). Speaking of which, I'm buying a Mauser, and I have a K98 bayonet, does that make my bolt action rifle an assault arm? XD (Just kidding, but you never know in this state XD)

There is no issue with not declaring if you have a weapon in the car. Even if an LEO asks, you are not required to declare any such weapons. You are however not allowed to lie about it.

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There is no issue with not declaring if you have a weapon in the car. Even if an LEO asks, you are not required to declare any such weapons. You are however not allowed to lie about it.

 

He probably got caught on that. I know my friend is under the belief you HAVE to claim if you are asked, I mean, I thought that too. I guess most people don't realize how easily their rights are infringed upon by not stating a simple "I do not have to answer" or something.

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Numerous people go to great lengths to ensure they are NJ legal with their AR15. This kid did not.

Do we know that for sure? Most of us know all too well that officers are not too knowledgeable on our firearms law, people have even been misinformed by the NJSP Firearms Division....what does that tell you? I'm going to take a very optimistic approach, and say this kid may have not even broke any laws. It's incredibly possible that he not only had his FPID, but that the stock is pinned and the lug is neutered....but the cop just saw a stock that LOOKED telescoping, and didn't inspect the lug closely enough to see that the ears were shaved off, so he made the arrest. I hope that's the case, as that would open up a huge can of worms, and a great opportunity for a 2A organization to mop the floor with NJ's current laws. I'm really hoping this turns out well.

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Do we know that for sure? Most of us know all too well that officers are not too knowledgeable on our firearms law, people have even been misinformed by the NJSP Firearms Division....what does that tell you? I'm going to take a very optimistic approach, and say this kid may have not even broke any laws. It's incredibly possible that he not only had his FPID, but that the stock is pinned and the lug is neutered....but the cop just saw a stock that LOOKED telescoping, and didn't inspect the lug closely enough to see that the ears were shaved off, so he made the arrest. I hope that's the case, as that would open up a huge can of worms, and a great opportunity for a 2A organization to mop the floor with NJ's current laws. I'm really hoping this turns out well.

 

Like I said in my post that you took the trouble to snip. Wait for more facts before jumping to conclusions. All we know is the limited report which is much more detailed than usual. Usually, it's just assault weapon. This time they actually list the evil features it had. Seem legit to me but time will tell. You can donate to the kid's defense fund if you feel so inclined. Leave me out of it.

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Like I said in my post that you took the trouble to snip. Wait for more facts before jumping to conclusions. All we know is the limited report which is much more detailed than usual. Usually, it's just assault weapon. This time they actually list the evil features it had. Seem legit to me but time will tell. You can donate to the kid's defense fund if you feel so inclined. Leave me out of it.

I'll snip a quote to include the specific portion that I was replying to. Sorry if that offended you, but it wasn't meant to. I'm reserving judgement as well, I was simply pointing out that everyone is assuming the kid is actually guilty. I'm stating that there's a possibility this could go the other way.

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If you don't have a purchaser ID, ANY gun must fall within the exemptions of to/from Home/Range/Business you own/Gun smith or hunting.

 

If you do have a purchaser ID, you may have a long gun in your trunk anywhere it is legal as the exemptions do not apply.

 

Handguns must ALWAYS fall within the exemptions unless you have a carry permit which excludes pretty much everyone but LEOs.

 

Correct, however, keep in mind that you may still be charged with possession of a firearm for an unlawful purpose (2C:39-4), even if you have an FID. And, of course, there is no list telling us what the lawful vs. unlawful purposes are.

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Well either way the law states, as of now, that the rifle that he had in his possession is illegal in NJ. He knew it and no matter how it came to light that is the point.

Besides Any of you drive around with rifles in the car (besides going to the range)? At 0300 ?

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. I'll ask around for further details...See if anyone knows anything.

 

 

Keep in mind that area has a lot of scum bags going into and out of paulsbro. Paulsboro is similar to Camden but on a smaller scale.

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Don't want the cops to bother you on a car stop at 3 am? Don't have bling in your ears and look like your from the jersey shore cast...

 

 

While I do agree with you I do realize that when I yelled up stair's to my daughter, "TURN THAT MUSIC DOWN" I had become my father.:)

 

I realize that things change and what acceptable in 1 generation may not be for another, we do have to remember our parents telling us not to do or wear stuff because they didn't. Just look at Tattoos, people with them covering a large portion of there arms or other body parts were not looked upon as the pillars of society not too many years ago, look at today, they are more main stream than ever and not looked in the same light. Just something to think about.

 

Oh, and if he does spend some time in jail, Big Bubba might find him pretty so I guess it may not work out in his favor.:sarcastichand:

 

AS far as if he is in the right or wrong, Who really knows with the information we have, you do have to wonder why a stop like this ended up with a search but all we can do at this point is speculate, and thats it.

 

Harry

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Don't want the cops to bother you on a car stop at 3 am? Don't have bling in your ears and look like your from the jersey shore cast...

I have to disagree with this....strongly. You think the guy brought it on by having his ear pierced and some facial hair? Well I'm halfway there with the facial hair, so are half the other guys on this site. Looks don't mean anything, and an officer can't base his actions on the physical characteristics of a person.

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Not trying to defend this kid as I'm holding my judgement until I get more details. So far it only looks like he is guilty of failure to present a registration and AW charges according to the article. I'm sure if he was using the gun in an unlawful manner NJ.com would have jumped all over that. But we shall see...

 

This case brings further light on NJ's laws.

 

I can count a number of times that I personally saw people at the range, or dealer/ffl's selling rifles with too many evil features. One time I was offered for sale a Sig522 with a folding stock and flash hider and was told that "they" only use the AWB to tack on charges to the "real bad guys" doing real crimes. What other types of legal and legitimate items can you order on the internet, have delivered to your house, and instantly become a felon guilty of a 2nd degree crime? How about if a friend brings over a Magpul MOE he just received to your house, while you have an AR sitting in your safe. You are guilty of constructive possession of an AW! That stock might as well be a pound of illegal drugs. Something is VERY wrong.

 

What is happening to this kid, can happen to probably many uninformed/ignorant gun owners out there in our wonderful state.

 

Just because he may look like and act like a jersey shore cast member, doesn't mean he shouldn't be protected under 2A. As for 3am with a rifle in the trunk being properly transported... nothing to do with it. Individual rights do not follow time limitations unless of course you are abusing them to break other laws (like shooting the gun at the range at 3am breaking noise violations).

 

Providing this kid was not engaged in unlawful felony activity (i.e. not counting speeding/failure to show registration), has an FID, and is not a prohibited person, it will be a very interesting case to follow. What a way to have your life ruined, because you didn't grind off little tabs or stick a pin in your stock.

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So in the course of being pulled over/stopped by a cop he asks you if you are in possesion of any guns, you do not have to declare it/them? You just keep repeating "I dont have to answer that" or "why are you asking me that"? Can I see the quote/right/statute(whatever) that addresses that as I'd like to carry that in my back pocket.Not doubting it just want to be able to back-up my choice of words when discussing the topic with the officer.I guess technically by not answering you're not lying but certainly not difusing the situation either and probobly making the cop suspicious,calling for back-up and asking you to step out of the car....

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So in the course of being pulled over/stopped by a cop he asks you if you are in possesion of any guns, you do not have to declare it/them? You just keep repeating "I dont have to answer that" or "why are you asking me that"? Can I see the quote/right/statute(whatever) that addresses that as I'd like to carry that in my back pocket.Not doubting it just want to be able to back-up my choice of words when discussing the topic with the officer.I guess technically by not answering you're not lying but certainly not difusing the situation either and probobly making the cop suspicious,calling for back-up and asking you to step out of the car....

 

Legally you only have to identify yourself and if driving a car show the documents. This is basic 5th amendment stuff. "where are you going at this time of night" , "where are you coming from", "where you drinking", "how fast where you going", "do you have any weapons or drugs in the car" etc.... you are not legally required to answer these questions. If you decide to so, you then cannot lie about it. Hence STFU, doesn't mean you have to be a prick about it... "my lawyer has given me the advice to respectfully refrain from answering any questions, I hope that you understand sir/ma'am".

 

Sure the cop may not like it, and may give you the whole "make it easier on yourself" speech, hold you by the side of the road, get 5 other cop cars involved to intimidate you, terry search the driver's area in the compartment, etc. It is up to you if you want to exercise your constitutional rights. If you feel under the circumstances that you wish to waive them to "diffuse the situation", go for it.

 

I do know some states that allow for CCW licenses, they may require you to declare to LE if you are carrying a concealed weapon on your person or to declare that you have a CCW license at all.

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Big headsmack on me! The 5A, of course, and its always with you. Thats what happens when your mind goes off on a rant on the ridiulous abyss of our (gun)laws and forget the most basic right.Wont happen again.

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Don't want the cops to bother you on a car stop at 3 am? Don't have bling in your ears and look like your from the jersey shore cast...

 

while the way you look has SOME bearing.. I have tattoos, and huge holes in my ears.. definitely stand out a little as opposed to your average person... I have been stopped a few times by cops, and they have never escalated the situation because I look like a weirdo.. I think a lot of it is more your age and demeanor.. than what you look like..

 

and JUST as in the BA case.. if the gun was in fact illegal... then what can you do? rally behind someone who broke the law? and without casting judgment SOLELY based on looks.. I am going to go out on a limb here and assume he might not be someone I would necessarily rally behind..

 

although he does take the time to shoot with iron sights.. lol so +1 to him for that..

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If you decide to so, you then cannot lie about it..

 

Why not? Does NJ have statutes about false statements to police?

 

Some states do. There are statutes at the Federal level so lying to FBI is illegal.

 

Certainly in court, it's perjury and once you are arrested an investigation is taking place you can get burned for it.

Before arrest? I just don't know and would be interested in getting a clear answer.

 

I'm not planning on doing any lying because I keep my mouth shut.

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Lying per say it not illegal, but obstruction of justice is. If the cop is asking questions investigating a crime (pulling you over for speeding lets say), and you give false answers in order to hinder or prevent the investigation, it is obstruction of justice.

 

"Do you have any drugs or weapons in the car" you respond "I can bench 750lbs"... you lied, but aren't really obstructing justice one could argue. If you did have a gun in the car, and responded "No weapons sir", then that could be argued as a lie with the intent of hindering his/her investigation.

 

You are 1000% better off to just STFU

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um, I do not see anywhere about what rifle it was? Was it an AR15? and if so... why would you have a bayo for it?

 

No facts at all. Until those come out, I dont think anyone here can stand behind this guy.

 

do we even know if the guy can possess a firearm?

 

In any case... I dont know of any 24/7 ranges to shoot your AR in NJ. If he is a member, he would be on the NJ Gun Clubs membership list submitted to the njsp.

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says a bayonette was found in trunk, may not have been to that rifle may belong to a mosin or sks or even a musket from the civil war.. :icon_rolleyes:

 

never heard of a bayo on an ar-15.. maybe the lug was for a flash light.. :icon_rolleyes:

 

wonder if that stock was pinned?

 

makes you think hard about what to own as far as stocks and mounting lugs things can be conscrewed very easily, all it takes is for one cop wanting to make an arrest to make a name for himself or to uphold an image he portrays, there are not too many cops like this but it only takes a couple through out the state to impose penalty on law abiding citzens right or wrong if it falls into the gray you are done..

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and JUST as in the BA case.. if the gun was in fact illegal... then what can you do? rally behind someone who broke the law?

 

Yes. Because there comes a time when rallying behind the law benefits no one. Maybe this guy was a douche bag straight from the Jersey Shore, but his unloaded rifle locked in the trunk was not hurting anyone. And the fact that his stock could adjust for different sized users and it could take -gasp- a knife at the end of it, does not make it any more dangerous than one with a fixed stocked and no knife.

 

In short, this man is about to be thrown in prison with rapists and murders, hardened criminals, for possessing something that most of the country wouldn't bat an eye over.

 

I shouldn't need to remind anyone that this could happen to probably thousands of unknowing people - including maybe even you.

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says a bayonette was found in trunk, may not have been to that rifle may belong to a mosin or sks or even a musket from the civil war.. :icon_rolleyes:

 

never heard of a bayo on an ar-15.. maybe the lug was for a flash light.. :icon_rolleyes:

 

 

http://www.cheaperthandirt.com/ARR035-7.html

 

DPMSA-15A2bayonet.jpg

 

 

What makes the grass grow green?

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blood :icon_twisted:

 

I forget if I've already said this, but I'm going to hold off any judgment (of any sort) until more details come out. The guy could be a tool, but tool or not we all know that gun owners are crucified-- so, to base my judgement on that alone would be unwise. On the other hand, yes, I agree that if he indeed has broken the law by owning what is deemed to be an assault weapon by NJ, I can't support him. I know that regardless of how I feel about the laws pertaining to "assault weapons," I'm not going to display my 2A rights by breaking them-- that's not how change works.

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I feel a Brian Aitken situation comin on............

Ehhh, i have more sympathy for people who lived in free America and come here unknowingly breaking the law, for someone who lives here and should know the law i have little sympathy for. You play with fire, you get burned. Anyone with a gun in NJ should be well aware of how the state operates under law. I built my AR so no one would be able to question anything legal/illegal about it in court. I understand the whole its a right not a privilege, but when you look at it from a regulated perspective, you must operate with in the regulations just like every other state.

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