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Title 13 Chapter 54

 

http://www.state.nj.us/njsp/info/pdf/firearms/062408_title13ch54.pdf

 

An Excerpt:

"Assault firearms" means:

1. Any of the following firearms:

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 F and Mini-14/5 RF

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;

2. Any firearm manufactured under any designation, which is substantially identical to any of the

firearms listed in paragraph 1 above. As used in this definition, the term "substantial" means

pertaining to the substance, matter, material or essence of a thing and the term "identical" means

exactly the same. Hence, a firearm is substantially identical to another only if it is identical in all

material, essential respects. A firearm is not substantially identical to a listed assault firearm unless

it is identical except for differences that do not alter the essential nature of the firearm.

The following are examples of manufacturer changes that do not alter the essential nature of the

firearm: the name or designation of the firearm; the color of the firearm; the material used to make

the barrel or stock of the firearm; the material used to make a pistol grip; and a modification of a

pistol grip. This is not an exclusive list. A semi-automatic firearm should be considered to be

"substantially identical," that is, identical in all material respects, to a named assault weapon if it

meets the below listed criteria:

i. A semi-automatic rifle that has the ability to accept a detachable magazine and has at least

two of the following:

(1) A folding or telescoping stock;

(2) A pistol grip that protrudes conspicuously beneath the action of the weapon;

(3) A bayonet mount;

(4) A flash suppressor or threaded barrel designed to accommodate a flash

suppressor; and

(5) A grenade launcher;

ii. A semi-automatic pistol that has an ability to accept a detachable magazine and has at

least two of the following:

(1) An ammunition magazine that attaches to the pistol outside of the pistol grip;

(2) A threaded barrel capable of accepting a barrel extender, flash suppressor,

forward handgrip, or silencer;

(3) A shroud that is attached to, or partially or completely encircles the barrel and

that permits the shooter to hold the firearm with the non-trigger hand without being

burned;

(4) Manufactured weight of 50 ounces or more when the pistol is unloaded; and/or

(5) A semi-automatic version of an automatic firearm; and

iii. A semi-automatic shotgun that has at least two of the following:

(1) A folding or telescoping stock;

(2) A pistol grip that protrudes conspicuously beneath the action of the weapon;

(3) A fixed magazine capacity in excess of six rounds; and/or

(4) An ability to accept a detachable magazine;

3. A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a folding stock

or a pistol grip;

4. A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds; or

5. A part or combination of parts designed or intended to convert a firearm into an assault firearm,

or any combination of parts from which an assault firearm may be readily assembled if those parts

are in the possession or under the control of the same person.

The following are not considered assault firearms within the meaning of this definition:

1. The Colt Match Target rifle, based on the manufacturer's specifications, is not part of the

AR-15 series, and, thus, is not prohibited under N.J.S.A. 2C:39-1w(1). Although this rifle

may resemble the Colt AR-15, there have been substantial changes to the firearm, including

the receiver, which is not identical to an AR-15 receiver. In addition, because of changes in

the configuration of the firearm, the Colt Match Target rifle is not substantially identical to

a firearm prohibited under this classification.

2. The Springfield M1A rifle is not one of the enumerated firearms which are specifically

prohibited under the State assault firearms laws. It has been prohibited in this State as being

substantially identical to a named firearm. However, according to the manufacturer's

specifications, the M1A has been modified. The modified M1A, which became available in

1994, is not considered to be substantially identical to a prohibited firearm under N.J.S.A.

2C:39-1w(2) and these rules. However, earlier versions of the M1A, which contain at least

two of the criteria identified in the Attorney General's Guidelines Regarding the

"Substantially Identical" Provision in the State's Assault Firearms Laws dated August 19,

1996 and reproduced in paragraph 2 above, are considered to be substantially identical to a

prohibited firearm and continue to be defined as an assault firearm.

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