Jump to content
tower06

Documented LAw on AR BCG

Recommended Posts

Ok so I have read all the posts or semi auto vs. full auto legality in NJ AR's, but can anyone show me documented law stating that they cannot be used in a NJ legal semi-atuto AR?  All I ever see is opinion and posts that basically devolve into arguments, but no hard fact. I've read the 2008 ATF opinion letter which states it is completely legal, and yes I know it is contradictory to NFA law, so what is fact? Is there someone who can truly clarify this? I am not looking for opinion, I am looking for written code stating yes...I can use them, or NO they are illegal.

 

I know this goes back and forth all the time. I know some people use them. I just want to know facts.

 

If there are any LEO's or 2A attorneys on here who truly know on here and can tell me, great. I've called the state police firearms division in the past on questions, and all I ever get is a officer reading me state law and not explaining it. I know they are not lawyers, but someone must really understand the ridiculous laws we have on the books.

 

 

Any help is appreciated.

Share this post


Link to post
Share on other sites

Tower06,

 

I will be exceedingly surprised if anyone can quote to you any statute which explains that this is legal. Laws are not meant to explain lawful actions. They are there to explain what it is you are NOT permitted to do. It is this absence of any prohibiting law that makes this legal.

 

Also, while I agree completely with you knowing exactly what the law is, do you really think that a LEO would know the difference? After all, we are talking about an internal part of a firearm.

 

IANAL

Share this post


Link to post
Share on other sites

Tower06,

 

I will be exceedingly surprised if anyone can quote to you any statute which explains that this is legal. Laws are not meant to explain lawful actions. They are there to explain what it is you are NOT permitted to do. It is this absence of any a prohibiting law that makes this legal.

 

Also, while I agree completely with you knowing exactly what the law is, do you really think that a LEO would know the difference? After all, we are talking about an internal part of a firearm.

 

IANAL

 

+1

this is the answer IMO and it is ridiculously simple...

 

a full auto BCG does not change the rate of fire of a semi automatic AR... 

the ATF does not consider the BCG in itself to be a controlled part.. 

 

therefore.. AFAIK it is completely legal.. 

Share this post


Link to post
Share on other sites

Haven't seen anything on the books specifically concerning bolt carriers.

 

This is the part of the law that we're concerned with:

 

"Machine gun" means any firearm, mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt or other means of storing and carrying ammunition which can be loaded into the firearm, mechanism or instrument and fired therefrom.

 

 

The M16 bolt carrier by itself is not enough to make your rifle full auto. If you mess with the fire control group (get dremel happy) which causes your magazine to empty out on a single pull, then you'll have the potential to get in some serious trouble.

Share this post


Link to post
Share on other sites

 I've called the state police firearms division in the past on questions, and all I ever get is a officer reading me state law and not explaining it. I know they are not lawyers, but someone must really understand the ridiculous laws we have on the books.

 

 

never, NEVER do that

Share this post


Link to post
Share on other sites

NJ statute does not define machine gun more strictly than the BATFE does, and the NJAC does not clarify, extend, or otherwise enhance the definition of machine gun beyond the statute that I can see. Therefore I would suggest that absent the features mentioned in the statutory definition of machine gun for NJ, BATFE's ruling on controlled parts is the strictest regulation we operate under. 

 

This is not the case in a number of other states. Several operate on different definitions of machine guns, kind of like NJ is seeking to operate under a different definition of destructive device than BATFE does with the .50 caliber ban bill. 

 

That's my $0.02. There's never a definition of what is really legal. Legal is what you can win in court with. I'd argue you can make a pretty sound case for not having a machine gun in nj if you do not have and BATFE controlled part in your gun, and it fires only one round with each pull of the trigger. 

Share this post


Link to post
Share on other sites

If your AR is semi auto then you have nothing to worry about. 

 

If your AR shoot auto for whatever reason, you'll have a harder time explaining why you have a M16 BCG. 

There is one case law that I read where the rifle shot full auto and had some aftermarket parts that allowed it to shoot full auto. Among those parts was an M16 BCG. 

 

Bottom line, the BCG won't get you in trouble.  Parts that allow the rifle shoot full auto will get you in trouble. 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...