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Legal Status of Non-NFA Firearm AR Build?

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So I recently picked up a lower. Not sure what I wanted to build with it but I did take note of how it was recorded on the 4473. For line 16 it was listed as other and line 27 was recorded as receiver. Am I able to build an other if the receiver was recording on the 4473 in this fashion or does line 27 need to also state other?

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52 minutes ago, Philasipha said:

So I recently picked up a lower. Not sure what I wanted to build with it but I did take note of how it was recorded on the 4473. For line 16 it was listed as other and line 27 was recorded as receiver. Am I able to build an other if the receiver was recording on the 4473 in this fashion or does line 27 need to also state other?

Yes. That is the correct recording. Build a rifle or non-nfa.

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There seems to be varying opinions on legality of building your own “other” or at the least a potential headache dealing with the laws in the state.  
From reading the forum I gather there are quite a few manufacturers (modern materials, lwrc ,Troy, DSI, delta defense, radical firearms, POF) selling nj compliant others.  They seem to be solid builds and with that being said it is not an attack on any of these manufacturers or the product they put out.  I just want to know if any one on the forum knows of a manufacturer or ffl that will build a compliant other with the parts from manufacturers of my choosing?  
Will the ffl building it require I have to use a lower receiver from one of the manufacturers I listed above or a total stripped lower from whatever company I choose?  
I am newish to shooting not by any means an expert but I did decent amount of research and I would like to have a Triarc, radian model 1, BCM or v seven build as an other.  Is that possible?  thanks in advance for any help
 

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9 minutes ago, Mermanhunter said:

There seems to be varying opinions on legality of building your own “other” or at the least a potential headache dealing with the laws in the state.  
From reading the forum I gather there are quite a few manufacturers (modern materials, lwrc ,Troy, DSI, delta defense, radical firearms, POF) selling nj compliant others.  They seem to be solid builds and with that being said it is not an attack on any of these manufacturers or the product they put out.  I just want to know if any one on the forum knows of a manufacturer or ffl that will build a compliant other with the parts from manufacturers of my choosing?  
Will the ffl building it require I have to use a lower receiver from one of the manufacturers I listed above or a total stripped lower from whatever company I choose?  
I am newish to shooting not by any means an expert but I did decent amount of research and I would like to have a Triarc, radian model 1, BCM or v seven build as an other.  Is that possible?  thanks in advance for any help
 

I know this isn't the answer you're looking for, but if you have all of the parts picked out and understand the requirements for an other just build it yourself.  It's not illegal, the state police just don't want people getting jammed up for not knowing the law.  As far as I'm aware, having an FFL assemble it for you is no different than doing it yourself--both a stripped receiver and completed other are both simply "firearms" in the eye of the law and will transfer nearly identically.  The (hypothetical) benefit of having an other such as the Troy is more about law enforcement familiarity should you ever get stopped.

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Another point I didn't mention is that FFLs don't have to worry about constructive intent.  Just don't sit around with a short-barreled upper without having your vertical grip and lower ready to go is the gist of it.  If you don't already own an AR rifle you probably have nothing to worry about.

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8 minutes ago, everythingisnothing said:

Another point I didn't mention is that FFLs don't have to worry about constructive intent.  Just don't sit around with a short-barreled upper without having your vertical grip and lower ready to go is the gist of it.  If you don't already own an AR rifle you probably have nothing to worry about.

My concern with these non-NFA other firearms is that if you have one (built or bought) and also have a regular AR rifle you can be jammed up.

From the statutes:

2C:39-1 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.

If you have a rifle and a non-NFA other firearm with a barrel less than 16 inches you can readily switch the uppers and now you have an SBR and an overweight pistol. If I was going to put together a non-NFA other firearm I would use a dedicated pistol caliber lower which could not mate to a regular AR upper.

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2 minutes ago, Mr.Stu said:

My concern with these non-NFA other firearms is that if you have one (built or bought) and also have a regular AR rifle you can be jammed up.

From the statutes:

2C:39-1 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.

If you have a rifle and a non-NFA other firearm with a barrel less than 16 inches you can readily switch the uppers and now you have an SBR and an overweight pistol. If I was going to put together a non-NFA other firearm I would use a dedicated pistol caliber lower which could not mate to a regular AR upper.

While I believe this is a valid concern, I don't think there is a single person on this forum, or even in the state, who can answer this.  It will come down to a prosecutor, your lawyer, and a judge to determine what any of that means.

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3 hours ago, Mr.Stu said:

My concern with these non-NFA other firearms is that if you have one (built or bought) and also have a regular AR rifle you can be jammed up.

From the statutes:

2C:39-1 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.

If you have a rifle and a non-NFA other firearm with a barrel less than 16 inches you can readily switch the uppers and now you have an SBR and an overweight pistol. If I was going to put together a non-NFA other firearm I would use a dedicated pistol caliber lower which could not mate to a regular AR upper.

 

3 hours ago, everythingisnothing said:

While I believe this is a valid concern, I don't think there is a single person on this forum, or even in the state, who can answer this.  It will come down to a prosecutor, your lawyer, and a judge to determine what any of that means.

Federal law is exactly the same. 

And the ATF isn't kicking down doors. 

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On 9/3/2020 at 12:25 PM, Mermanhunter said:

There seems to be varying opinions on legality of building your own “other” or at the least a potential headache dealing with the laws in the state.  
From reading the forum I gather there are quite a few manufacturers (modern materials, lwrc ,Troy, DSI, delta defense, radical firearms, POF) selling nj compliant others.  They seem to be solid builds and with that being said it is not an attack on any of these manufacturers or the product they put out.  I just want to know if any one on the forum knows of a manufacturer or ffl that will build a compliant other with the parts from manufacturers of my choosing?  
Will the ffl building it require I have to use a lower receiver from one of the manufacturers I listed above or a total stripped lower from whatever company I choose?  
I am newish to shooting not by any means an expert but I did decent amount of research and I would like to have a Triarc, radian model 1, BCM or v seven build as an other.  Is that possible?  thanks in advance for any help
 

https://www.redplanetarsenal.com/shop

These guys built one for me with my spec, being that I'm a lefty I actually sent them a lefty upper and had them install pin and weld and provide all the parts per my request. Their prices are reasonable and they do high quality work. They are a little slow and you'll need a follow up call or two, but you get the exact gun you want and it is transferred into NJ as a complete weapon so no one can ever say you built it : )

Give them a call and talk to hanson

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On 9/3/2020 at 12:57 PM, Mr.Stu said:

My concern with these non-NFA other firearms is that if you have one (built or bought) and also have a regular AR rifle you can be jammed up.

From the statutes:

2C:39-1 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.

If you have a rifle and a non-NFA other firearm with a barrel less than 16 inches you can readily switch the uppers and now you have an SBR and an overweight pistol. If I was going to put together a non-NFA other firearm I would use a dedicated pistol caliber lower which could not mate to a regular AR upper.

Like Jack said, federal law reads the same. Issue with this line of thinking is that anyone with an SBR Ar15 would never be able to own a regular AR15 since you could swap uppers and lowers around and suddenly have unregistered SBRs. Once it’s mated to a lower, you are good to go. 

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My point is the law as written can be applied, even if so far no prosecutor has chosen to do so.

A prosecutor with an agenda could bring charges using that statute.

I'm pretty sure the prosecutor was not supposed to repair Patricia McCloskey's handgun to make it be able to be fired before pressing charges.

You live in NJ - proceed at your own risk.

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20 minutes ago, Mr.Stu said:

My point is the law as written can be applied, even if so far no prosecutor has chosen to do so.

A prosecutor with an agenda could bring charges using that statute.

I'm pretty sure the prosecutor was not supposed to repair Patricia McCloskey's handgun to make it be able to be fired before pressing charges.

You live in NJ - proceed at your own risk.

The law is written from the perspective of using "parts". While i agree with your overall assessment, it would be problematic from a legal stand point. 

Parts suggests just that, as in things not yet assembled. The problem with disassembling or reassembling "evidence" is tampering. The evidence presented in court will not be reflective of what was in possession. Its a big legal mess for both sides.

Add in intent, its clear the owner intended the parts to be used in a legal way, as it was assembled in their possession.

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On 9/18/2020 at 9:26 AM, Mr.Stu said:

My point is the law as written can be applied, even if so far no prosecutor has chosen to do so.

A prosecutor with an agenda could bring charges using that statute.

I'm pretty sure the prosecutor was not supposed to repair Patricia McCloskey's handgun to make it be able to be fired before pressing charges.

You live in NJ - proceed at your own risk.

The kids were driving my wife nuts, so I had to bail on the rifle range Sunday. Next meet I'll bring my "other firearm" and you can shoot it. I promise the SAS will not drop out of the sky and arrest you. 

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1 minute ago, ChrisJM981 said:

The kids were driving my wife nuts, so I had to bail on the rifle range Sunday. Next meet I'll bring my "other firearm" and you can shoot it. I promise the SAS will not drop out of the sky and arrest you. 

I have no issue with them. I have shot a few before in both 5.56 and 9mm.MMy reservation is more to do with the F'd up way NJ prosecutors and judges operate.

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1 minute ago, Mr.Stu said:

I have no issue with them. I have shot a few before in both 5.56 and 9mm.MMy reservation is more to do with the F'd up way NJ prosecutors and judges operate.

I really can't argue with that. 

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2 hours ago, goose54 said:

Legal status with an Other firearms build, is it legal to have a Bayonet lug, or a 37mm launcher ? like a colt 6933 upper, or a Spikes Havoc 37mm thumper ?

I don't know about the legality of the launcher itself (never looked into it) but having the lugs on an "other" is fine.

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2 hours ago, goose54 said:

Legal status with an Other firearms build, is it legal to have a Bayonet lug, or a 37mm launcher ? like a colt 6933 upper, or a Spikes Havoc 37mm thumper ?

I think it should have all of the stuff NJ hates...bayonet lug, grenade launcher, flash hider, self-serve gas, beer and wine sold in grocery stores...    But that in no way constitutes a legal opinion.

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