Did the NJ AWB expire yesterday!?

[DirtyDigz 1,812]

TITLE 13. LAW AND PUBLIC SAFETY CHAPTER 54. FIREARMS AND WEAPONS:

 

CHAPTER EXPIRATION DATE: Chapter 54, Firearms and Weapons, expires on November 13, 2012.

 

My emphasis added. So I assume this gets renewed ASAP, but in the interim could someone legally have some of the "evil features" like a collapsible stock/pistol grip/removeable magazine combo on an AR, or a pistol grip on a semi-auto shotgun?

[EchoMirage 137]

this police state has no grandfathering clause, so even if you can buy a non-neutered gun (which NO ONE will sell you anyway), as soon as the pathetic law gets re-upped, its instantly 'illegal' again. same thing happened several years ago when it expired the first time.

 

i supposed, technically, a non-police state equipped gun is now legal, but good luck trying to explain that to any cop or court

[ChrisJM981 924]

this is a question best sent to an attorney. If it did you just let the cat out of the bag. Damn kids.

[BlueLineFish 615]

One can dream. Maybe they will overlook it. Lol...doubt it

[Bob B 103]

No. That is just the administrative code. The NJ AWB has no sunset. Sorry.

 

Criminal statutes are in Title 2C of New Jersey Statutes Annotated (N.J.S.A.)

 

Assault Firearms are defined in 2C:39-1w.

 

Possession of an assault firearm is illegal as per 2C:39-5f.

[Vlad G 345]

However it seems to me that the bits NOT defined in 2C but "refined" in the administrative code would have expired, like the muzzle device and stock stuff.

[DbleTrouble 8]

maybe NRA can help

[springfieldxds 0]

maybe NRA can help

 

The NRA has given up on nj a long time ago if we had any hope it would come from the saf

[halbautomatisch 60]

However it seems to me that the bits NOT defined in 2C but "refined" in the administrative code would have expired, like the muzzle device and stock stuff.

The Administrative Code doesn't apply directly to individuals anyway. In theory, if the AC was to expire without being renewed it would make it easier for a licensed dealer to sell anything not on the ban list without getting their license yanked, but I can't imagine any dealer taking that chance.

[Vlad G 345]

The Administrative Code doesn't apply directly to individuals anyway. In theory, if the AC was to expire without being renewed it would make it easier for a licensed dealer to sell anything not on the ban list without getting their license yanked, but I can't imagine any dealer taking that chance.

 

Hmm .. not sure about that. The Admin Code describes what substantially identical means to the state of NJ. The law doesn't actually talk about collapsible stocks, pistol grips, number of evil features, etc. That is in the Admin code. It also applies to everyone, as anyone could build a legal or illegal AR based on a stripped receiver.

[mipafox 438]

Evil features are on sale at the mipa ranch, limited time only!

[acuevo 0]

doesn't the administrative code help us in a way? ok ok i know its not the law, but it clarifies the substantialy identical nonsense. without the AC can't they theoretically say that a bb gun is an AK47 because they both shoot a projectile?

 

what about magazine cap? was that in the law itself or just admin code?

[Vlad G 345]

Magazine size is in the law.

[Dzncustoms 0]

I've been watching the calendar on this for over a year afraid to make a post about it in the hopes that it would go by without anyone noticing. Would love clarification on what all this means now.

[PK90 3,570]

It means nothing.

[JSF01 13]

Wait you meant that my new pistol that I just got today is not legal!!!!! NOOOOOOOOOOOO!!!!

 

Yes I that is actually mine. Duel state residency FTW.

Which evil features dose this pistol have? All of them.

[PK90 3,570]

The answer to the original question is NO.

 

CHAPTER EXPIRATION DATE:

 

In accordance with N.J.S.A. 52:14B-5.1b, Chapter 54, Firearms and Weapons, expires on November 13, 2014. See: 43 N.J.R. 1203(a).

LINK

[halbautomatisch 60]

Hmm .. not sure about that. The Admin Code describes what substantially identical means to the state of NJ. The law doesn't actually talk about collapsible stocks, pistol grips, number of evil features, etc. That is in the Admin code. It also applies to everyone, as anyone could build a legal or illegal AR based on a stripped receiver.

The AC is the AG's interpretation of what the law means. If you are charged with a crime, you would be charged with violating the statutes under 2C and a judge (or in some cases a jury) would have to decide if what you have done is a violation of the statues under 2C, the AC is irrelevant.

 

In my opinion (which carries absolutely no legal weight), a SCAR is legal in NJ in any configuration, because it is not on "the list" and is not substantially identical to anything. The reason you cannot buy one in NJ unless it's been neutered is because the the AG and the NJSP conduct business the way JP Morgan did, they threaten to sue, even if they know they will lose, because they have more money than their opponents and can bankrupt them by doing so. No one wants to take the chance.

[mipafox 438]

Wait you meant that my new pistol that I just got today is not legal!!!!! NOOOOOOOOOOOO!!!!  

 

Yes I that is actually mine. Duel state residency FTW.

Which evil features dose this pistol have? All of them.

 

I'm very jealous. Even though I'm guessing it's semi, I'd love to have one.

Sterlings are absolutely awesome. I got to fire a real full auto one this year at Jeff's place, and I mean a real one. Not even a "Sten"-ling (tube gun), although I would take either!

The Mark IVs are so quiet it is absolutely unbelievable.

They are also the Star Wars gun. And that counts for a lot in my book.

[BlueLineFish 615]

Ahhh how I long for a sterling. Love that gun. Stupid NJ

[deadeye74 5]

I still want a stinkin M1 carbine!

[TK421 2]

Wait you meant that my new pistol that I just got today is not legal!!!!! NOOOOOOOOOOOO!!!!

 

Yes I that is actually mine. Duel state residency FTW.

Which evil features dose this pistol have? All of them.

 

Hey that looks alot like my Blaster LOL

 

[JSF01 13]

I'm very jealous. Even though I'm guessing it's semi, I'd love to have one.

Sterlings are absolutely awesome. I got to fire a real full auto one this year at Jeff's place, and I mean a real one. Not even a "Sten"-ling (tube gun), although I would take either!

The Mark IVs are so quiet it is absolutely unbelievable.

They are also the Star Wars gun. And that counts for a lot in my book.

Yes it is semi. The only reason I bought it is because I think it looks awesome. I also want to get the rifle one too. (and a real fully auto one as well but I am not ready to spend the money on one yet.)

[MrSurfboard 1]

In other news, possession of an assault weapon is now a 2nd degree crime in NJ. That means no PTI, you go straight to jail, 7-10 years.

[phoenix_iii 0]

In other news, possession of an assault weapon is now a 2nd degree crime in NJ. That means no PTI, you go straight to jail, 7-10 years.

 

Is this a change?

[MrSurfboard 1]

Is this a change?

 

Yes, it used to be a 3rd degree crime.

[123 0]

does this mean...........does....does it mean......w00t lol

[mikelets456 78]

In other news, possession of an assault weapon is now a 2nd degree crime in NJ. That means no PTI, you go straight to jail, 7-10 years.

 

Something on the internet from a lawyer's site that breaks it down clearly:

 

Penalties for Possession of weapons for unlawful purposes (N.J.S. 2C:39-4) are as follows:

Charge or Weapon Crime Penalty Firearm, gun, explosive, or destructive device 2nd Degree Crime Maximum of 10 Years in Prison Other Weapons 3rd Degree Crime Maximum of 5 Years in Prison Imitation Firearm / Gun 4th Degree Crime Maximum of 18 Months in Prison

---

Penalties for Unlawful Possession of Weapons (N.J.S. 2C:39-5) are as follows: Charge or Weapon Crime Penalty Possession of a Machine Gun, a Handgun without a Permit, a Rifle without a Firearms Identification Card (FID), or a Loaded Rifle or Shotgun 3rd Degree Crime Maximum of 5 Years in Prison Other Weapons 4th Degree Crime Maximum of 18 Months in Prison Possession of a Firearm or Weapon on the grounds of a school (irrespective of legal permits) 4th Degree Crime Maximum of 18 Months in Prison

 

 

Also, this has me baffled:

 

b. Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.A. 2C:58-4, is guilty of a crime of the third degree if the handgun 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. Otherwise it is a crime of the second degree.

 

Am I reading this wrong? Because a paperclip and a rubber band is sufficient force to injure. We used to go up to the local park and put goggles on and play "war" with air soft gun... is this now considered criminal? I really hope I am reading this wrong.

[KpdPipes 388]

No Mike, however if you were shooting at random people with yoru airsoft gun, people whe were not "Playing" with you, THAT would be considered assault, and you'd be charged with 2C:39-4(d) and 5(d) "other weapon" not as a firearm though

[mikelets456 78]

No Mike, however if you were shooting at random people with yoru airsoft gun, people whe were not "Playing" with you, THAT would be considered assault, and you'd be charged with 2C:39-4(d) and 5(d) "other weapon" not as a firearm though

 

Wow... so an accidental "missed shot" (air soft gun) or shooting at a target in the back yard and you happen to hit someone passing bye, you could end up in jail? I assume that would prohibit one from being able to own a firearm if found guilty as well?