SgtToadette 59 Posted February 26, 2014 I have my doubts about the interpretations I've read about constructive possession as it pertains to firearms law In NJ. When looking through 2C for an answer I came up short and every reference was in the context of CDSs. Anyone know where NJ defines it? Quote Share this post Link to post Share on other sites
tj462nj 32 Posted February 26, 2014 they most likely will not give you a definition of it, its purposely meant to be that way. you would only find out the definition when you are charged with it & in front of a judge Quote Share this post Link to post Share on other sites
Shane45 807 Posted February 26, 2014 2C:39-1w(5) states that an assault firearm is "a part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person 1 Quote Share this post Link to post Share on other sites
Contrvlr 17 Posted February 26, 2014 2C:39-1w (5) A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person. Damn , too slow again Quote Share this post Link to post Share on other sites
SgtToadette 59 Posted February 26, 2014 Two issues for me in understanding that statute: 1. "may be readily assembled" 2. "if those parts are in the possession or under the control" That's where my confusion lies. What does readily assembled mean and there's still a reference to possession within the statute. Me thinks I'll need to pull out my notes from my Criminal Law class. Quote Share this post Link to post Share on other sites
Shane45 807 Posted February 26, 2014 I think the language is pretty clear. If you have position of it and it can be assembled...yer toast. I was even advised by Nappen that even having position of a part on a firearm it is perfectly legal on is an issue if you have a firearm that it would be illegal on. Here is some reference that has some possession language explanation in it. But the bottom line is I think you can always count on a decision NOT coming down in your favor in this state https://www.judiciary.state.nj.us/criminal/charges/weapons10.pdf Quote Share this post Link to post Share on other sites
ogfarmer 138 Posted February 26, 2014 wow! spell check broken? Quote Share this post Link to post Share on other sites
Shane45 807 Posted February 27, 2014 Funny u should say that. Indeed it was making rather odd corrections but I was in a hurry and didn't check the checker... Quote Share this post Link to post Share on other sites
raz-0 1,256 Posted February 28, 2014 Two issues for me in understanding that statute: 1. "may be readily assembled" 2. "if those parts are in the possession or under the control" That's where my confusion lies. What does readily assembled mean and there's still a reference to possession within the statute. Me thinks I'll need to pull out my notes from my Criminal Law class. Look up constructive intent. It has been used federally for BS NFA charges, no reason it can't be used in NJ given the chapter and verse stated. Points 1 and 2 mean what they can convince a jury it means. If you ahve ever served on a jury in NJ, you know what kind of BS they tell the potential jurors with regards to the authority of the government and the court. Which is why I take jury duty seriously. Quote Share this post Link to post Share on other sites
ESB 240 Posted April 12, 2022 On 2/26/2014 at 3:43 PM, Shane45 said: I think the language is pretty clear. If you have position of it and it can be assembled...yer toast. I was even advised by Nappen that even having position of a part on a firearm it is perfectly legal on is an issue if you have a firearm that it would be illegal on. Here is some reference that has some possession language explanation in it. But the bottom line is I think you can always count on a decision NOT coming down in your favor in this state https://www.judiciary.state.nj.us/criminal/charges/weapons10.pdf So does that mean that you cannot own a Non-NFA Other and a Rifle at the same time because swapping uppers on both would make both illegal? Quote Share this post Link to post Share on other sites
Mr.Stu 1,884 Posted April 12, 2022 Here: Quote 2C:39-1 Definitions. 2C:39-1. Definitions. The following definitions apply to this chapter and to chapter 58: w. "Assault firearm" means: (5) A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person. Quote Share this post Link to post Share on other sites