What is the precise law on categorization? Related to AR types, does the action (lower receiver) get categorized or the barrel itself?

I believe it's the lower itself, as the barrel doesn't usually have a serial number. I think it's similar to the "once a machine gun, always a machine gun" rule.

Oh I'm sorry, you asked for the precise law :cry: My Bad.

Oh I'm sorry, you asked for the precise law :cry: My Bad.

 

 

I was looking on gunbroker and it got me curious. If I ordered a rifle I liked but it was an SBR, obviously I could not own in NJ. So it made me think, if I had a dealer replace the short barrel with a 16", does that make it legal?

I would assume no NJ dealers would not accept an SBR and second it is probably not worth the extra effort to switch it out. Just buy a legal version.

Oh I have no intention of even attempting to purchase or otherwise transfer an NFA item. Just asking a hypothetical.

The only NFA item allowed in NJ are machine guns, and that is only a technicality; good luck actually being able to use it (there have been a coupe discussions about the difficulties of owning a machine gun on the forum). However, all other NFA items are banned in NJ. That includes SBRs and SBS (shot barrel shotguns), suppressors, and other NFA items.

From my understanding, its the barrel itself. Though, when an upper is sold with the barrel shorter then 16'', the whole item will collectively be sold as an NFA item. I'd say this is the case because its the barrel itself that is in question. You could technically get a 14.5'' barrel, and permanently attach a muzzle brake to make it 16'' (NJ compliant). It would be silly otherwise to get a 7''-10/11.5'' upper if you're barrel is going to be 16'' anyway

To add, you could get an SBR upper, and slap it on any lower. So, I don't believe the lower is involved whatsoever when discussing SBRs. Once I move to a state where NFA items are allowed, I'm considering getting an SBR setup.

My impression is the same as coldsolderjoint, being the lower receiver (what houses the action and is serialized) is branded as an SBR. So I wonder, could one be arrested for having an "SBR" with a 16" barrel? In NJ, probably yes. Just looking for a definitive answer to satisfy curiosity.

My understanding is that an individual has to register the SBR upon purchase. However, a person has to also fill out paperwork with the BATFE when purchasing parts to make an SBR. If a person purchases an SBR as a whole, then it makes sense that the tax stamp would be registered to a permenant serial number on the lower. However, if you're building an SBR, then you have to fill out the paperwork only for the parts that would be considered SBR parts (such as the upper). What I read is from the ATF.gov site:

My understanding is that an individual has to register the SBR upon purchase. However, a person has to also fill out paperwork with the BATFE when purchasing parts to make an SBR. If a person purchases an SBR as a whole, then it makes sense that the tax stamp would be registered to a permenant serial number on the lower. However, if you're building an SBR, then you have to fill out the paperwork only for the parts that would be considered SBR parts (such as the upper). What I read is from the ATF.gov site:

Couple of points here:

1. The serial numbered part of the firearm (the lower of an AR-15) is what is entered in the NFA registry.

2. Barrels do not matter. One may purchase and possess short barrels or cut them short w/o breaking any laws, EXCEPT, if you possess the parts to make a complete SBR.

3. As stated, only full-auto is permitted in NJ. No SBR, SBS, Silencers or DD. Even though there is no law description of an AOW, it is advisable to not own one.

4. A legally registered NFA item, other than an AOW or FA, will not be transferred to a NJ address. (there are ways for a resident to own them)

5. There is no manufacturing of a firearm allowed in NJ unless one has a manufacturer's license.

So I got a question. Would it be legal for a NJ resident to build a rifle out of a parts kit with a torched cut reciever. Lets say you got a MG34 kit and you legally reweld the 3 torch cut reciever into a semi only and do all the semi and NJ mod as per the atf approval letters, Is that considered manufacturing a reciever without a manufactures' liscense?

 

This is a common practice through out the country. Now would it be illegal to buy a gun like this made from an individual out of state that is not a manufacturer?

Couple of points here:

1. The serial numbered part of the firearm (the lower of an AR-15) is what is entered in the NFA registry.

2. Barrels do not matter. One may purchase and possess short barrels or cut them short w/o breaking any laws, EXCEPT, if you possess the parts to make a complete SBR.

3. As stated, only full-auto is permitted in NJ. No SBR, SBS, Silencers or DD. Even though there is no law description of an AOW, it is advisable to not own one.

4. A legally registered NFA item, other than an AOW or FA, will not be transferred to a NJ address. (there are ways for a resident to own them) You mean AOW or FA or SBR? And of course, how does a resident own one? out of state residence?

5. There is no manufacturing of a firearm allowed in NJ unless one has a manufacturer's license.

And of course, how does a resident own one? out of state residence?

 

The resident was not always a resident of Jersey and owned it prior to moving to NJ.?!?

part of a living trust and the weapons are stored outside of nj?

part of a living trust and the weapons are stored outside of nj?

bingo

Couple of points here:

1. The serial numbered part of the firearm (the lower of an AR-15) is what is entered in the NFA registry.

2. Barrels do not matter. One may purchase and possess short barrels or cut them short w/o breaking any laws, EXCEPT, if you possess the parts to make a complete SBR.

3. As stated, only full-auto is permitted in NJ. No SBR, SBS, Silencers or DD. Even though there is no law description of an AOW, it is advisable to not own one.

4. A legally registered NFA item, other than an AOW or FA, will not be transferred to a NJ address. (there are ways for a resident to own them) You mean AOW or FA or SBR? And of course, how does a resident own one? out of state residence?

5. There is no manufacturing of a firearm allowed in NJ unless one has a manufacturer's license.

 

 

NO SBR period Not allowed and specifically prohibited by statute. AOW's are another story, and in this state, frankly probably not worth the grief. % more years till retirement, and then i can own all of the NFA goodies I can afford, once im out of Here.