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CageFighter

AK parts kits legal in NJ??

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looking for a winter project and thought about buying a Russian AKM parts kit (minus barrel/receiver).  in my search, ive been hearing some places or people wont ship them to NJ bc they claim to be illegal.  Can anyone fill me in?   Im not interested in wearing jewelry.  thanks!

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Technically, it should be no different than building an AR. I would think as long as you buy the receiver already made vs. buying a flat and bending yourself, you should be OK however I don't really know. I'd be interested in the consensus here as It seems like a cool project.

-carl

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technically the law says that 

 

"AK TYPE guns are illegal in NJ"

so that to me sounds like ANY gun with an AK action is illegal...

 

with that said that is not practice.... and I agree with the rest its just like a parts kit.. 

just make sure you are using a prebuilt receiver with serial numbers on it... because as stated... you can not bend your own... 

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A Saiga is a AK type gun but they are legal in NJ. A would agree, that until the rifle is assembled, it is just a pile of parts. You need to be sure that when you assemble the receiver to your parts that you only have one other evil feature. Detachable mag plus one evil feature does not equal regulated assault style rifle.

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A Saiga is a AK type gun but they are legal in NJ. A would agree, that until the rifle is assembled, it is just a pile of parts. You need to be sure that when you assemble the receiver to your parts that you only have one other evil feature. Detachable mag plus one evil feature does not equal regulated assault style rifle.

are they legal?

 

I made a TON of them while in NJ... I know a fair amount about NJ law...

I am just telling you per the LITERAL reading... 

 

as it says in context... 

 

 

 

 

w. "Assault firearm" means:

(1) The following firearms:

...........................................................

 Avtomat Kalashnikov type semi-automatic firearms 

 

this is not an opinion I have... this is as it is literally written...

it says..

 

an assault firearm MEANS the following guns... and then lists vaguely AK TYPE guns... not a list of model numbers... 

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This is why I won't own one in this state even though they are supposedly legal when lacking 2 evil features. That part of the law is just too damn ripe for a zealous prosecutor.

 

Sent from my SCH-I535 using Tapatalk 4

There's case law that the MAK 90 is legal.

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The case involving the MAK 90 was one case, that actually went through a full blown (and expensive) trial, in one county in NJ.  Since it was not appealed and no decision of an apeal court was obtained, that decision isn't binding on any other judge in NJ but is just persuasive authority.  Any other judge and prosecutor combo could decide at any time that they aren't going to follow that case.

 

With the Mak 90 at least you have a good argument it is not "Avtomat Kalashnikov Type" since the MAK 90 was made in China and had changes to the design from real AKs.  Saigas are made in Russia, by the same company that makes AKs, I think Mr. Kalashnikov himself is still affiliated with the company, and are made in the same factory that makes AKs for the Russian army.  That's a tough sell if the state really put you to your proofs, that it is not an AK type gun.  And especially if afterwards you end up "converting it" by moving the trigger guard back and restoring the pistol grip and thus un-doing much of the changes that differentiate an AK from a Saiga in the first place.

 

Hell, a couple posts earlier someone said here that the Saiga "is an AK type gun but they are legal".  Well the statute says that if it is an AK type gun it isn't legal.  I think the NJ law is unconstitutional, impermissibly vague, etc., but a judge and prosecutor could really screw you if they wanted to here.

 

Like I said, it seems the practice is that it is legal if it doesn't have the features, otherwise the NJ State Police wouldn't allow them to be sold, but you won't find one in my house.

 

I know a true AK is full auto and we are talking about semi-autos here, and I know the NJ State Police says it is OK, and I know that these laws are unconstitutional in the first place, I know all these arguments, and I agree with them, and all, but when you go into a courtroom the sky isn't blue unless you get a certified expert on the sky to testify under oath that the sky is blue.  I'd be concerned if I was charged with a felony and had to find an expert to testify that a rifle made by Kalashnikov by the same company and in the same factory as AKs, that operated in the same fashion, was not an "AK type".

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You guys are beyond paranoid.  If these were not legal to own, no way the state would not have clamped down on this yet.  Our AK variants are NOT AK like in that they are semi auto.  For them to be AK like, they'd need to be fully auto.  Wasn't that what Nappen argued?

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You guys are beyond paranoid. If these were not legal to own, no way the state would not have clamped down on this yet. Our AK variants are NOT AK like in that they are semi auto. For them to be AK like, they'd need to be fully auto. Wasn't that what Nappen argued?

The first time some wackjob shoots up a school or workplace or anything for that matter I bet that all changes. Luckily guns like that aren't used in many crimes.

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You guys are beyond paranoid.  If these were not legal to own, no way the state would not have clamped down on this yet.  Our AK variants are NOT AK like in that they are semi auto.  For them to be AK like, they'd need to be fully auto.  Wasn't that what Nappen argued?

I was thinking that. An "Avtomat Kalashnikov" is a full-auto military firearm, manufactured by the Soviet Union/Russia, and some of its allies. NOT a similarly appearing, but functionally different rifle, made under a different name, for a "civilian" market, and without any full-auto capability.  It seems the NJ legislature went to great lengths to carefully spell exactly what they wanted banned by name. Heck, they even took the time to write out the full name. SOOOO.... Let's give them EXACTLY what they asked for, no more,no less.  For that matter, they don't say "AK type". They said "Avtomat Kalashnikov Type", so perhaps you own an Awesome Kong Model 47, with semi auto-only FCG, and only 1 other "evil" feature? (Or maybe the "rainbow" wrapped "Anti-Killing '74 Protest Edition" :fan: )

 

 

 

The first time some wackjob shoots up a school or workplace or anything for that matter I bet that all changes. Luckily guns like that aren't used in many crimes.

That raises an interesting question...... Why is it that all these so-called "mass shootings" seem to involve AR's, but never an AK? They aren't that hard to find, at least in the rest of the country, and they are well known for their reliability. You would think they would make for a good choice, if one were planning to shoot a whole bunch of people, as quickly as possible. I'm not "complaining" about it or anything, obviously; but I am curious as to why/why not.

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you still have missed the point and the meaning of what is written much less the fact that we sill have them sold in state.  I'm pretty damn sure if there was even the slightest chance the gov't of nj could get rid of them by banning them they would.  We don't own AK type rifles, we own rifles that resemble them in form but not in function.  Simply put, we don't own AKs or AK types.  Again, this was the premise for Evin Nappens court case in the 90s.

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Nj does not define type....

 

And let's not forget the m1 carbine fiasco.... The auto ordnance one....

They let the guns get sold and then changed their minds abruptly....

 

 

Like I said they let AKs get sold.... But there is no definition of what "type" means....

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Just like they let pellet guns with silencers sell in this state and then abruptly sent a letter to dealers this past month saying they are illegal. The NJ State police is always right no matter how many times they change their mind. It is a potential issue is all I am saying.

Sent from my SCH-I535 using Tapatalk 4
 

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