Hey guys

 

i am having a 3gun shotgun made for me out of a benelli m2.  I went to my two local ffl/shops and they are both telling me different info.  The smith is offering me tube extension and I’m trying to sort out which option I can do.   One ffl is saying it’s 5+1 other is saying 6+1.   It’s a semi auto shotgun non pistol grip.  What’s the correct capacity?   Also living in Nj am I allowed to have a +9 tube and keep it not mounted on the gun unless I’m shooting in pa or else where and would only affix it in the states that allow it and obviously remove it before coming back to nj  or is having it in NJ a no no as it’s seen as a possibility to be added.   

The relevant part of the statute says:

Quote

2C:39-1  Definitions.

w.   "Assault firearm" means:

 (3)   A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip, or a folding stock.

The relevant part of the administrative code says:

Quote

N.J.A.C. 13:54-1.2

§ 13:54-1.2 Definitions

"Assault firearms" means:

3. A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a folding stock or a pistol grip;

Note that both refer to the capacity of the magazine only, not the gun as a whole. Therefore 6+1 is allowed.

1 hour ago, Mr.Stu said:

The relevant part of the statute says:

The relevant part of the administrative code says:

Note that both refer to the capacity of the magazine only, not the gun as a whole. Therefore 6+1 is allowed.

Thanks any input on having a 9rd tube in the house but not installing it until outside of NJ and having it removed before coming back into NJ?

22 minutes ago, lycokayaker said:

Thanks any input on having a 9rd tube in the house but not installing it until outside of NJ and having it removed before coming back into NJ?

i think that they can/will pop ya with constructive intent. not sure though.

4 minutes ago, 1LtCAP said:

i think that they can/will pop ya with constructive intent. not sure though.

I agree. The only way to try to circumvent that would be have a pump action shotgun that you can install extension on while in NJ and take that with you as well.

thanks guys....   Thats what I thought/figured but wanted to see what others thought!