Everything posted by alfer
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Build an AR 15 in NJ... Legal?!
Thanks njJoniGuy. O.K.... I kinda hada feelin' I was going to start down a bunny trail when I used that analogy about the issue of "Substantially Identical." And, here we are. What I wanted to convey, albeit, I obviously shot myself in the foot in the process, was that NJ Firearms Legislation is INTENTIONALLY VAQUE in may areas. AND that having lived here only 8 years, I have learned by personal experience that the courts operate with absolute impunity. (I would quote the recent release and exoneration of a NJ resident that was pardoned after being wrongfully convicted of a firearms violation, and sentenced to 7 years, then after mounting public outcry, was released after 3 years inside, all because his Judge "caught an attitude" and embarrassed the entire NJ Criminal Justice System.) BUT, that would start another bunny trail over possible inconsistencies over the details... don't wanna drag us all there. My point was simply this; I think I am permitted to build a NJ-Legal AR, for personal use only, without having to submit to either procuring a NJ Rifle and Shotgun Purchase Permit, OR getting an FFL first, and ONLY BECAUSE I LIVE IN NJ, I am being very cautious BEFORE I BUILD IT! Not wanting to put too fine a point on it... If it were simple, cut-and-dry, why haven't I gotten an answer from all these NJ and Penn. Attorneys I have consulted? IF they are taking this long to "get it right," what hope do I have on my own?
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Build an AR 15 in NJ... Legal?!
PK90, I just read the attachment you provided, may I quote: "The superintendent shall prescribe standards and qualifications for the registration of manufacturers and wholesalers of firearms, for the protection of the public safety, health and welfare. He shall refuse to register any applicant for registration unless he is satisfied that the applicant can be permitted to engage in business as a manufacturer or wholesale dealer of firearms without any danger to the public safety, health or welfare." EVERYTHING in this language addresses, and pertains to manufacturing "for distribution, wholesale, and sale," to the individual that is manufacturing weapons for that purpose and to that end! This is specifically why the GCA states; "for personal use." This is one place that gave me the idea that regulation of "Manufacture" was specifically to keep track of the trail of weapons from "build-to-use."As long as the weapon in question complies with all NJ "assault weapon limitations: Flash Hiders, Collapsable Stocks, Bayonet Lugs, and magazine capacity limits... AND is for personal use, I BELIEVE I'M NOT A FELON. However, BEFORE I build anything, I'm attempting to CONFIRM this by competent authority. I realize no legal advice is offered here.
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Build an AR 15 in NJ... Legal?!
Thanks PK90, Im heading over to read the attachments you provided. On my way out (temporarily,) food for thought; The "NJ GUN LAWS" reference on this site contains excerpts of NJS 2C:58-1, which, in part depicts the list of "ASSAULT WEAPONS" to include "THE COLT AR15," AND "THE BUSHMASTER ASSAULT RIFLE," right?! So, how is it that every AR15 owned in the state of NJ is by definition "Substantially Identical" to these two "ASSAULT WEAPONS" yet, there are thousands of them legally owned in the State? I'm not trying to be a smart-ass, but people are convicted every day not by a "letter of the law" definition, but rather by what's called "CASE LAW." In other words, this is the way it's done... forget what it says in black and white! I just want to know how this blatant contradiction can exist? If every AR15 I see at the NJ Rifle and Pistol Shooting Club is NOT "Substantially Identical" to the COLT AR15, and the BUSHMASTER ASSAULT RIFLE, then how are all those shooters/owners getting away with this obvious violation of NJ Code?
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Build an AR 15 in NJ... Legal?!
Thank you KRDSHRK, I will look it up again, to be sure. It's been a while since I first began foraging the many pages of NJ Firearms Legislation, and I apologize that I don't have that answer at my fingertips, but I'll get back on that as soon as I find it. Meanwhile, there's a number of purveyors of "80% complete receivers," whom I've spoken to and through these discussions, I was informed that nothing in NJ Legislation contradicts the GCA of 68's position as pertains to Type 1 weapons. This is when I began running down the bunny trail of getting reliable, Legal advise form specialists in NJ Firearms Law... if it were that cut-and-dry, SIX NJ Atty's would have dismissed it offhand at the first conversation with each, no? These people that sell the incomplete receives tell me they've sold quite a few in NJ, and haven't received any feedback from Federal Prison thanking them for getting the customer arrested as felons... but again, that's why I'm here, also. Any attorneys on the forum?
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Build an AR 15 in NJ... Legal?!
Sorry, I didn't mean to evade the "WHY" aspect of building. No, I am not interested in saving $50, and I don't want to stay under the radar, I just don't see the need to get an FFL, just to do what I am LEGALLY allowed to do, per the GCA of '68! It's the principle! If the law permits me to build my own weapon, as long as I comply with all the build-restrictions, why shouldn't I be able to enjoy building my own, just for the enjoyment of shooting something I BUILT?!
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Build an AR 15 in NJ... Legal?!
Wikkie 2204; I am not a prohibited person. I hold CCWs from Ohio, and Arizona, and am licensed to Instruct CCW Classes in as many states. To reply to Krdshrk, I believe any NJ regulations pertaining to "Manufacture" are addressing TYPE 2 (NFA) Weapons, and this is where I am seeking Licensed NJ Attorneys that specialize in Firearms Violations to chime in. I used to compete in 3-Gun and IPSC in Ohio with many LE and Federal Agents, but left all of my long guns in Ohio when I moved here because I don't want to shave off Bayonet lugs, Chop off Flash Hiders, and Replace all of my AR's Collapsable stocks. My only weapon that accompanied me here to NJ is my trusty SIG P245 CCW go-to sidearm.
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Build an AR 15 in NJ... Legal?!
Newbie here. I understand the Gun Control Act of 1968 states: "Any UNLICENSED (that means FFL,) individual may BUILD a Rifle, Shotgun or Pistol (Type 1, NOT Type 2, which are NFA weapons,) provided it is for personal use, and not to be sold, transferred or re-assigned." SO... My understanding is that I should NOT be required to secure a Rifle, Shotgun Purchase Card IN THE STATE OF NEW JERSEY as long as I buy an 80% complete AR 15 RECEIVER, (NOT A WEAPON,) finish the receiver on a mill, and complete the weapon's construction with "PARTS" readily available on the internet. At no time would I be purchasing anything legally construed as a "FIREARM." WHY can't I get any of SIX NJ Licensed Attorneys that SPECIALIZE IN FIREARMS VIOLATIONS' CRIMINAL DEFENSE, whom I have phoned, requesting concurrence for the past two weeks, to answer me? They ALL say " let me research this, I'll get back," but haven't in more than two weeks!