vladtepes

Is *Insert any semi automatic handgun* legal in NJ?

42 posts in this topic

Is *insert any semi automatic pistol" legal in NJ?

 

In NJ you may not own an assault weapon..

 

(1) NJ bans a specific list of firearms that they consider assault weapons.. if the gun is listed by name.. you can NOT have it..

 

"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;

 

If the pistol is not listed.. proceed to (2)

 

(2) you may also not own a pistol that is "substantially identical" to those banned by name.. NJ defines substantially identical in the following way..

 

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

 

all magazines must be 15 rounds or less

 

If the gun is listed OR substantially identical as defined by NJ law you may not have the gun.. if not.. then you may own it..

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BTW recently I saw a Colt made AR-15 at Cheyenne Mountain Outfitters for $1300… I was surprised when they told me it’s perfectly legal… of course the stock was fixed, no bayo lug and no suppressor or compensator...

I advised my friend to buy stag m3 over that colt,extra $400 for horse make no sense to me.

+ stag had MB & better handguard.

He is very happy,with stag m3.

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Regarding pistol evil features in NJ,

 

See NJ AWB here:

http://www.state.nj....title13ch54.pdf

 

Below are exact words that preced the list of pistol evil features (50 oz, threaded barrel, etc). Capitalization in mine.

"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:"

 

It clearly says "identical to a NAMED weapon". If it is not named, the whole "substantially identical" clause is irrelevant, along with the list of evil features the purpose of which is to identify whether the weapon is "substantially identical".

Based on this, PLR-16 pistol should be legal in NJ. Same applies to VZ-61 pistol. Draco pistol, however, has AK action (which IS named in the AW list), so it can be argued that it is "substantially identical" because of the weight and barrel shroud.

 

I know that this is an old topic, but I want to have clarity about PLR-16 in NJ. Any arguments are appreciated.

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While logically you are correct, that is not the way the AG or any prosecutor would interpret it, nor is it how it is written.

 

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:

 

 

B. a semi-automatic pistol that has an ability to accept a detachable magazine and has at least 2 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 nontrigger hand without being burned;
  4. manufactured weight of 50 ounces or more when the pistol is unloaded; and
  5. a semi-automatic version of an automatic firearm;

 

The type of action is never mentioned in the criteria for what constitutes an assault firearm. If the handgun (rifle, shotgun) has any two of the listed criteria, it is "materially identical" to any of the weapons banned by name, and is therefore also banned.

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Regarding pistol evil features in NJ,

 

See NJ AWB here:

http://www.state.nj....title13ch54.pdf

 

Below are exact words that preced the list of pistol evil features (50 oz, threaded barrel, etc). Capitalization in mine.

"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:"

 

It clearly says "identical to a NAMED weapon". If it is not named, the whole "substantially identical" clause is irrelevant, along with the list of evil features the purpose of which is to identify whether the weapon is "substantially identical".

Based on this, PLR-16 pistol should be legal in NJ. Same applies to VZ-61 pistol. Draco pistol, however, has AK action (which IS named in the AW list), so it can be argued that it is "substantially identical" because of the weight and barrel shroud.

 

I know that this is an old topic, but I want to have clarity about PLR-16 in NJ. Any arguments are appreciated.

 

Except NJ also has limits for pistols, including weight.

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David,

 

<quote>

If the handgun (rifle, shotgun) has any two of the listed criteria, it is "materially identical" to any of the weapons banned by name

</quote>

 

It does not say ANY, it says NAMED.

It says Identical " to a named assault weapon". The word Weapon is in the singular form, not plural, so you have to name a weapon from the list.

 

This is according to the letter of the law. I've heard reports of PLR-16 seen in NJ gun shops, and I believe that owners just read the law as is.

If you say that this law is being applied differently from the way that it was written, do you know of any precedent that this has happened?

 

Regards,

ymg200

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David,

If the handgun (rifle, shotgun) has any two of the listed criteria, it is "materially identical" to any of the weapons banned by name

 

It does not say ANY, it says NAMED.

It says Identical " to a named assault weapon". The word Weapon is in the singular form, not plural, so you have to name a weapon from the list.

 

This is according to the letter of the law. I've heard reports of PLR-16 seen in NJ gun shops, and I believe that owners just read the law as is.

If you say that this law is being applied differently from the way that it was written, do you know of any precedent that this has happened?

 

You are 100% correct. That is what the previous AG's opinion said and what the Administration Code says. BUT, the current administration says "ALL" firearms must meet the same criteria as stated above, i.e. only one evil feature. This was right from the horses NJSP's mouth. I was told that, as were many NJ dealers across the state. Some choose to ignore this, but some don't want to end up in court.

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I hate to ask this question but are .22 competition pistols such as the Hammerli SP20, Benelli MP95 and Pardini SP1 legal in NJ? They all have magazines outside the pistol grip but I am not sure whether they would be considered to have a barrel shroud for purposes of NJ law. The barrel is covered but they are not designed to be held by the front and in fact not designed to be used 2 handed at all.

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2 hours ago, Avalanche said:

"Bushmaster Assault Rifle"

What exactly does this mean?   Bushmaster AR variants are indeed legal.

That's pretty funny.  I never noticed that.  Does that mean we can "technically" own one due to a flaw in the law?

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So if I'm reading the semi automatic pistol laws correctly (I'm not a lawyer but I can read) , I could technically;

 

use an "ar15" lower receiver transferred as a pistol,

 

Then make it a single shot, thus not creating a semi auto-automatic ar15 pistol- via

 

http://originalbobsled.com/ARSleds.aspx

This single shot sled in conjunction with a "fixed mag" kit would seem to  make the ar15 pistol legal as the fixed mag bullet button requires tools and disassembly.

how feasible is this? Because it's not a "semi auto assault pistol" (God these laws are stupid), this seems to be legal no? Would any FFL and or smith be willing to verify this and or attempt this?

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