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JackDaWack

Non-NFA Firearms Law and Documents

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This thread is for documenting the ATF and NJSP letters of interpretation, and citing Federal and State laws. Please keep thread chatter to a minimum and only post references to letters or laws.

I will try and keep this thread updated and feel free to post any relevant updates not listed here. 

 

Please read the letters in full if you are interested in this.

Disclaimer: I AM NOT A LAWYER

Below are the required documents and legislative citations in order to assemble or purchase a legal NON-NFA Firearm. This is a collection of results based on Reading state and federal law, and ATF + NJSP documents regarding the classification of Items and parts regulated in their assembly. Please be advised this may not be a complete list of relevant information. New letters can change the status of any lawful interpretation. Firearms are not currently(June 2019) regulated under NJ's AWB.

ATF Letter on Stabilizing Braces and how they can be shouldered

This article about adding VFGs to AR pistols contains the ATF letter outlining how to construct a non-NFA firearm on pages 2-3 

This contains the NJSP letter to the FFLs detailing the legality of the 590 Shockwave and Tac 14. the relevant text is :

"Firearms with similar design and structure must fall within this definition of a firearm and must not have been manufactured as a 'shotgun' (NJSA 2C:39-1n) or meet the Federal requirement of 'any other weapon (AOW)' which measures less then 26 inches in overall length. The firearm must also comply with all BATF requirements."

Also the NJSP definition of "substatially identical" The relevant text:

The term "substantial" means pertaining to the substance, matter, material or essence of a thing. The term "identical" means exactly the same. Hence, a firearm is substantially identical to another only if it is identical in all material, essential respects. A firearm is not substantially identical to a listed assault firearm unless it is identical except for differences which do not alter the essential nature of the firearm.

We also have the States definitions of:

"Rifle" means any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed metallic cartridge to fire a single projectile through a rifled bore for each single pull of the trigger. "Sawed-off shotgun" means any shotgun having a barrel or barrels of less than 18 inches in length measured from the breach to the muzzle, or a rifle having a barrel or barrels of less than 16 inches in length measured from the breach to the muzzle, or any firearm made from a rifle or a shotgun, whether by alteration, or otherwise, if such firearm as modified has an overall length of less than 26 inches.

 

NJSP Letter: LINK HERE.

From the NJSP:

"The New Jersey State Police Firearms Unit finds that the submitted Troy Industries A4 "other firearm" as well as the Dark Storm Industries DS-15 Non-NFA Firearm Typhoon are legal for sale in the State of New Jersey and are NOT considered to be an "assault firearm." This opinion is based upon the two firearms reviewed, however if the design or dimensions change from those samples, it may change the classification of the firearm. ".

If you would like to purchase one please contact

ModerMaterial

https://modernmateriel.com/

Dark Storm Industries

https://www.dark-storm.com/

Or Troy

https://worldoftroy.com/shop-now/

 

NO STATE LAWS have been cited or found that require the firearm be purchased complete in the state of NJ.

The ATF has opinionated you may assemble one in the VFG letters on Page 2.

If your intentions are to build one from a receiver please read the following:

The ATF advises all manufactures and FFLS to record the “TYPE” of firearm as accurately possible when completing their required records. To satisfy the ATF, your build receiver cannot ever been classified as a long gun rifle or shotgun by any of these entities prior. 

To clarify, the ATF is very specific as to how receivers are recorded… and that they are never classified as rifles, shotguns, or pistols. Check with your FFL that they are following this guideline when you pick up the receiver. This should satisfy the requirement for the build in completing a firearm from a receiver, and not a long gun.

UPDATE 6/4/19

NJSP have opinion that you MAY NOT build a "firearm" in NJ as a precautionary measure to prevent you from violating laws in regard to assembling assault weapons, or NJ's constructive possession law.

17s8uou6o7831.jpg

As it stands this is merely a precautionary statement to help people avoid violating laws in the assembly of a "firearm". Which suggests if you are able to avoid breaking the laws mentioned in the notice, it is legal to do so. 

Please keep your firearms assembled at all times if you run the risk of violating NJ's AWB.

Make sure you do not have any parts that can be used to readily assemble or modify an existing rifle into an Assault weapon according to NJ Constructive Possession Law. 

Based on the above information the requirements for owning or assembling a Non-NFA Firearm in NJ:

State: more restricting

Since pistols are limited in weight, you cannot build one in this configuration.

-Your build must contain a VFG, per the NJSP and ATF

This will give you “Firearm” Status in NJ

Federal:

Cannot have stock (Not a rifle), Use a brace either listed in the ATF letters, or one that is substantially identical

Your VFG must be vertical, use one that is either listed in the ATF/NJSP document or is substantially identical(Not a pistol)… angled grips don’t count.

You must have OAL >26”, since you added a VFG (Not an AOW) (this is a federal NFA requirement)(No NJ Mandate.)

Update: 6/5/19

OAL is Measured with a folding brace in the collapsed position, or if the brace is fixed it will be removed and if present the extension(buffer tube) is measured.(Document below)

https://princelaw.files.wordpress.com/2019/07/atf-folded-brace_redacted.pdf

Failure to meet specific requirements above will make you a criminal. This is not an endorsement for the purchase or assembly of Non-NFA Firearms. The Remainder of this thread is for further citations of the law or ATF NJSP letters that would enhance our understanding of purchasing and assembling these types of firearms. This may not be a complete list of requirements and new updated information could create addition restrictions. Please check and follow ALL Local State and Federal laws prior to any action.

 

 

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Here is another collection of letters that I am sure you are aware of. Some are duplicates of your posting.

Hmmm. I posted a single link and all the above was populated. If the above is not pertinent to this topic, I'll try and edit out what I posted.

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37 minutes ago, ChrisJM981 said:

Thanks for putting this in one spot.

Are there any opinion letters for Length of Pull requirements for a non-NFA firearm?

http://shockwavetechnologies.com/site/wp-content/uploads/2018/01/ATF-approval-letter-31OCT17.pdf

pg 5-6

They refer to modifying the existing length of pull to that of an average rifle could constitute a redesign of the product. 

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3 minutes ago, JackDaWack said:

http://shockwavetechnologies.com/site/wp-content/uploads/2018/01/ATF-approval-letter-31OCT17.pdf

pg 5-6

They refer to modifying the existing length of pull to that of an average rifle could constitute a redesign of the product. 

Correct. A Pistol or SBF does not have a stock, so there is no LOP associated with it.

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