This is on Fox News now! Felony BB or Airsoft Charge only in NJ!

[JohnnyB 4,325]

 

BB gun control: In New Jersey, kids’ rite of passage could mean felony

By Perry Chiaramonte

Published December 10, 2013

FoxNews.com

• 

  The Red Ryder BB gun was made famous in the 1983 film "A Christmas Story." (Courtesy of Daisy Outdoor Products/Daisy Museum)

Not only could you "shoot your eye out, kid," you might also go to jail for owning that BB gun in certain states.

New Jersey and other jurisdictions make little or no distinction between Daisy's classic Red Ryder BB gun immortalized in the film "A Christmas Story," and real guns. They must be registered and are subject to the same laws as any firearms.

“In all honesty, kids who are charged are looking at mandatory jail time,” said New Jersey attorney William Proetta, adding that under the state’s Graves Act, a conviction could lead to prison time. “The only defense is to request a waiver but if that’s not granted, young kids can get a felony charge and their lives are basically over.”

“In all honesty, kids who are charged are looking at mandatory jail time.”

- William Proetta, New Jersey attorney

Virginia, which treats the rite-of-passage toys as firearms if they are used during criminal conduct, and other municipalities also heavily regulate BB guns. But New Jersey goes the farthest, according to Proetta. 

New Jersey's strict Graves Act gun law covers possession of a BB gun right alongside serious gun control measures outlawing sawed-off shotguns, filing serial numbers off of guns or using firearms to commit crimes. Violating the act can bring a minimum three-year prison term and steep fines.

And the law is enforced. As recently as October, a man was arrested in New Jersey for shooting an airsoft gun at a rubber duck for target practice, in his own yard. Idyriss Thomas, 22, was arrested in Glassboro, N.J., after police responded to multiple 911 calls from neighbors who reported seeing a man with a gun. Once police determined the gun was unlicensed, Thomas was taken to jail and charged with unlawful possession of a weapon. His family posted a $2,500 bond.

"I didn't realize that what I had in my hand would cause the events that happened today,” Thomas told Philadelphia's WPVI. “I had the airsoft gun in my hand, playing with it, taking shots at a rubber ducky - not harming anybody."

Proetta said that depending which county in New Jersey a hearing is held in, a judge will issue a waiver on the Graves Act, or allow charges to be downgraded. But they don't have to.

“Courts will work closely on each case,” Proetta said. “But in a few counties like you could face some serious charges.”

A spokesperson for Rogers, Ark.,-based Daisy, told FoxNews.com that while the company disagrees with BB gun regulations like that seen in New Jersey, the company makes every effort to uphold the law.

"In our opinion and the federal government's, our products are not firearms as there is no combustion in the chamber," Daisy spokesman Joe Murfin said. "While we disagree, we respect a state's law for whatever reason they may have one."

 

[XDJohnTact 49]

I am not sure all the info in that article was correct? I did not know airsoft was illegal in Jersey?

[intercooler 41]

airsoft is at your own peril...people get prosecuted for it here

[seamusSU 0]

airsoft is at your own peril...people get prosecuted for it here

Do you need a FID to purchase a airsoft gun?

[Cmor1701d 0]

Yes FID IS REQUIRED.

I was ordering one from Bud's Guns and the ordering system didn't bring up the FFL to ship to screen so I called them. Guy goes it's an airgun not a firearm. I said there's no distinction and I needed it shipped to an FFL. Took him about ten minutes to get confirmation and he still can't believe it.

[TooBigToFit 2]

If you need an FID to purchase an airsoft gun, then a whole lot of stores are breaking the law.

 

Practically every Dick's and Sports Authority, among them.

[Krdshrk 3,877]

Don't need a FID to purchase an airsoft gun.... 

[vladtepes 1,060]

airsoft (rubber BB) =/= bb gun (metal BB)

[maintenanceguy 510]

NJAC 13:54-1.2 Definitions (4)

 

"Firearm or firearms" means any handgun, rifle, shotgun, machine gun, assault firearm, automatic or semi-automatic
rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectile,
ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the
action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any
firearm which 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.

 

This definition has been the law for a long, long time.  What recently changed was the list of violations that require mandatory sentences under N.J.S.A. 2C:43-6© "The Graves Act.

 

The Graves Act originally required mandatory sentencing if you were convicted of committing a felony with a firearm.  In 2008 NJ Senator Bob Smith sponsored a bill that added these violations:

 

• Unlawful Possession of a Machine Gun, Handgun, Rifle or Shotgun, in violation of N.J.S.A. 2C:39-5(a), (b) or ©.
• Possession of a Sawed-Off Shotgun, in violation of N.J.S.A. 2C:39-3(b).
• Possession of a Defaced Firearm, in violation of N.J.S.A. 2C:39-3(d).
• Possession of a Firearm While in the Course of Committing a Drug Distribution or Possession With Intent to Distribute Offense, in violation of N.J.S.A. 2C:39-4.1(a).
• Possession of Certain Weapons by Persons Previously Convicted of Specified Offenses, in violation of N.J.S.A. 2C:39-7(a) or (b)(2).
• The Manufacture, Transport, or Disposition of a Machine Gun, Sawed-Off Shotgun, or Assault Firearm, in violation of N.J.S.A. 2C:39-9(a), (b), or (g).
• The Defacement of a Firearm, in violation of N.J.S.A. 2C:39-9(e).

Since, in NJ, a bb gun and airsoft gun is a firearm under the definition and the Graves act requires a mandatory 3 years for unlawfull possession of a firearm.  Several people have been charged since 2008.

[CMJeepster 2,778]

Pathetic state.

[XDJohnTact 49]

Just a point of clarification, if someone purchased a BB gun while living in another state and brings it to NJ and has a FPID, is he good or does he have to register it here in NJ?

[Russ2882 0]

Just a point of clarification, if someone purchased a BB gun while living in another state and brings it to NJ and has a FPID, is he good or does he have to register it here in NJ?

I was told no, but that was over 40 years ago. I took it off the carage wall 20 years ago. Now I'm not sure where I put it, haven't looked for it since. Took 20 minutes of oil and pumping to get it to half work. Wasn't worth the effort.

 

You included the part about a FOID card. Mine is less than a year old. Guess it's time to call Evan Nappen.

[Reddog87 0]

Are nerf guns next?

[CMJeepster 2,778]

Are nerf guns next?

Please don't give them anymore stupid ideas.  They come up with enough of them on their own.

 

You don't need to "register" your firearms.  They inherently become "registered" when you buy them through this stupid system (non-FFL transactions) via P2P form, COEs, etc.  If you move here with, inherit or buy privately (long guns only), they don't have paper in their system.  Someone please correct me if I'm wrong.

[almiz111 26]

Too many unanswered questions here.

Anybody with a REAL GRIP on this, please post. 

 

The airsoft was 'unlicensed'??? Huh?  Maybe the cops were just plain wrong. No license required.

 

The Graves Act seems to be about the use or application of the weapon. Shooting the ducky is OFF the list of bad activities.

 

Can we pay Nappen to join the NJGF for a price??????????????

 

Thanks.

[TooBigToFit 2]

NJAC 13:54-1.2 Definitions (4)

It shall also include, without limitation, any

firearm which 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.

 Since, in NJ, a bb gun and airsoft gun is a firearm under the definition and the Graves act requires a mandatory 3 years for unlawfull possession of a firearm.  Several people have been charged since 2008.

So again, why are Dick's, Sports Authority, and local airsoft shops (such as Godfather Airsoft) selling airsoft guns without FIDs? Why is it that they've been trying to introduce legislation to classify airsoft guns as firearms, if it's already classified as such? (See: http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S810). Like I said, if they're banned by law, a whole lot of people are breaking it. If anything, the sufficient force to injure a person clause may be what keeps airsoft guns free to buy.

[Krdshrk 3,877]

Airsoft is a grey area.... It's being sold around the US as non-firearms.

[Dirt diver 0]

No registration or record for long gun purchases. Just the nics and COE. BB guns can be purchased right off the shelf in pa without nics.

 

Everyone is correct above regarding dicks and sports authority here in nj. There are aisles of them. I guess the key is that air soft guns don't have sufficent force to injure.

 

We are missing some facts in that article. Something's doesn't smell good about the arrest of shooting an airsoft at a rubber ducky? Does he have priors? Have the cops visited on other occasions for other matters? Was he missing the ducky and hitting the neighbors? Did he mouth off to the cops when they arrived?

[vladtepes 1,060]

, with

sufficient force to injure a person.

That's where you lose me...

I question that air soft has sufficient force to injure somone... And if you want to argue air soft the the eye can injure.... I'll agree but nerf gun to the eye could "injure"..

[checko 180]

Guess they need to define an "injury"

[M4BGRINGO 139]

I was at a Walmart in MD a few months ago and a friend bought a pellet gun that I can swear also came with a .22 barrel, no FID, no drivers license, nothing was reguired except for the debit card! Not sure if it was spring or gas operated.

[Pizza Bob 1,488]

Just some corrections to some of the above posts in this thread:

• You do not need an FPID to possess a long gun, only to purchase one.
• There is no registration of long guns, unless you do so voluntarily.
• The COE is not a form of registration - only the buyer and seller have copies.
• Likewise with NICS (or PICS in PA). No information that could be used for registration purposes is given during the NICS check. NICS records are destroyed (by federal mandate) after a set period of time.
• There is no NICS check in PA for a BB or similar gun because NICS is a federal mandate and federal law does not recognize those types of guns as firearms. I am not sure whether a NICS check is done at point of purchase in NJ - since NJ is a point of contact state they may require it but only check the state databases. Unsure of this.
• IANAL, but it would seem to me that it would be perfectly legal to purchase a BB gun, over the counter in PA and bring it into NJ. You are purchasing the gun legally in another state and then transporting it to NJ (as long as you transport under the exemptions - straight home, unless you have an FPID). The gun itself is legal in both NJ and PA (providing it is not a suppressed model).
• I have no idea why airsoft falls between the cracks. It certainly meets the letter of the law. I seem to remember that an effort was made to clarify the existing law to specifically include airsoft, but it did not pass the legislature.

There has to be more to this story - as there is to most when your only source of info is the MSM, who don't have a clue about firearms law and print only what they wish was true.

 

Adios,

 

Pizza Bob

[Smokin .50 1,907]

Airsoft has been around for how LONG??  And we still have a gray area?  And NOBODY opened-up Nappen's latest book to see what page it's on?

 

Let's all fly off the handle and jump off the bridge together?  NOT!!!!!!!

 

Seriously--if Dick's is selling them (the most "Pussified" sporting goods store I know--cause they ask me if I'm an American when I buy shotgun shells), then WHY all of this banter?????????

[PK90 3,570]

I am not sure whether a NICS check is done at point of purchase in NJ - since NJ is a point of contact state they may require it but only check the state databases.

Definitely no NICS is needed on Blackpowder, Pellet or BB.

 

I have no idea why airsoft falls between the cracks. It certainly meets the letter of the law. I seem to remember that an effort was made to clarify the existing law to specifically include airsoft, but it did not pass the legislature.

Could it be perhaps that they do not eject a bullet or missile. See the below.

 

I split the definition statute into two parts.

 

"Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances.

It shall also include, without limitation, any firearm which 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.

 

The Airsoft toy does not fit the first part because there is no explosion. IMO, it does not fit the second part because the projectile is not a bullet or missile. Part 1 refers to other projectiles, but part 2 does not.

 

Using this logic, BB/Pellet guns also do not fall under this statute. So I would imagine the "sufficient force to injure a person" section applies to Airsoft.

[vladtepes 1,060]

Is a straw and a BB a firearm?

[voyager9 3,434]

Is a straw and a BB a firearm?

Only if you've eaten enough garlic for your breath to be considered a 'Noxious Thing'.

 

But, aren't slingshots considered firearm.. ro at least controlled in a similar manor?  Based on the above definition they would qualify since it mentions 'band'.

[CMJeepster 2,778]

But, aren't slingshots considered firearm.. ro at least controlled in a similar manor?  Based on the above definition they would qualify since it mentions 'band'.

And are readily available at the Columbus Market both inside and outside (flea market).

[voyager9 3,434]

And are readily available at the Columbus Market both inside and outside (flea market).

Oh no.. the Flea Market loop hole! 

[CMJeepster 2,778]

Oh no.. the Flea Market loop hole! 

To be fair, there was one in an "antique (junk)" store there as well.

[intercooler 41]

you can buy airsoft at walmart...so I can't say that it is..