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big five

How do I un pin

By big five, in AR Discussion

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vladtepes    1,060

vladtepes
Posted

Exactly. Don't listen to these "it's illegal" comments. As long as you plan on repinning it your fine. Don't let the paranoia take over you too.

 

I only partially agree with you.. 

if you are unpinning to repin in one sitting I would say that is similar to a repair on a gun.. but if you unpin a pinned stock and "plan on repinning it" 6 months from now.. I would say that is far different... 

while there is no reason to fear prosecution it is also important to know the repercussions of not following the law.. "intention" is not defined in the law.. 

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Arthur Kill    0

Arthur Kill
Posted

I revived this thread for a reason;

 

In the time that has passed since this lively debate, is any board member aware of a prosecution in NJ where the mitigating factor was a butt stock that was unpinned by the legal owner who was commiting no other crime?

 

Please share.

 

i-dont-know.jpg

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jackandjill    683

jackandjill
Posted

^^^ You are probably not going to find "exact" scenario where someone was prosecuted. But there is a day old thread about a guy who went through NJ hell for keeping "assault weapons". No crime was committed. His wife's dad called on the wife and Husband got in trouble. Go figure. 

 

Bottom line, in NJ, prosecutors will take what they get and will make example out of you. 

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Arthur Kill    0

Arthur Kill
Posted
Hamburg man gets one-year probation for illegal firearm
Posted: Oct 24, 2015 11:13 PM EDT Updated: Oct 30, 2015 11:26 PM EDT
 

By JOE CARLSON

[email protected]

 

SUPERIOR COURT -- The Hamburg man who admitted to possessing an AR-15 rifle with an unpinned stock was sentenced to one year probation.

 

Matthew Delvecchio, 24, was sentenced by Judge Thomas J. Critchley in state Superior Court in Newton on Friday. Delvecchio pleaded guilty on Aug. 19 to second-degree possession of an assault firearm.

 

Prior to being sentenced, Delvecchio's attorney Walter Risi said that on March 23, police found a semi-automatic AR-15 .223 caliber rifle with an unpinned stock in a locked gun safe at Delvecchio's residence.

 

"All of the parts were purchased legally, it was in the assembly of the weapon where he stepped over the line," Risi said.

Risi said there are four parts that could be placed on an AR-15 to make it illegal to possess in New Jersey.

 

"Three of them are common sense. You can't have grenade launcher, can't have a bayonet mount and can't have a silencer," Risi said. "And only in New Jersey can you not have an unpinned stock."

 

Risi said the unpinned stock -- the portion of the gun that is placed against the shoulder when firing -- allows the gun to be adjusted to fit different people. Risi said the ability to adjust the stock is what makes it illegal.

 

Assistant Prosecutor Jerome Neidhardt said he felt probation was an appropriate sentence due to Delvecchio's lack of criminal history.

 

According to police, at 7:17 p.m., March 23, Hamburg police and the Sussex County Prosecutor's Office executed a search warrant on Delvecchio's home for what Neidhardt on Friday described as a "totally unrelated, but serious investigation" and recovered a rifle and four, 30-round "high capacity" ammunition magazines, police said.

 

The New Jersey State Police forensics lab confirmed the recovered items as "assault weapons," police said.

Delvecchio apologized for having possession of the gun and said he realized it was a mistake and that he should have just pinned the stock so it could not have been adjusted.

 

http://www.wrex.com/story/30343025/hamburg-man-gets-one-year-probation-for-illegal-firearm

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