Hey all,

 

very new to the forum and I'm learning the rules of the road here still, foregive me if my question is answered in a sticky or has been broached many times. I read something online about the ending of the ban on assault weapons on the year 2004 . and there was alot of statistics saying that this in good faith because most of the crimes committed werent with assault rifles.

Now i saw the guidelines for what NJ considers to be an assault rifle, but nothing else.

Did they make new legislation on this ?

 

thanks and hope to hear from you all soon

First, they are not assault rifles. You can you can buy most of the rifles that were previously banned, but you have to buy post-ban configurations. There are plenty of threads on here about the "evil" features and banned by name firearms.

the 2004 year thing was at the Federal level. But states also have their own laws.

*do you mean that there are threads on here that will have lists of specific brand names and configurations ( mag capacity, weight limitations, power limitations, ec) that were still not allowed to buy ?

 

 

** oo isee, so ill have to hunt around more on the forum about the specific nj mandates ?

There is a list that PK90 just recently posted again, but I forget which thread. Here is some info from the law:

 

A semi-automatic firearm should be considered to be "substantially identical," that is, identical in

all material respects, to a named assault weapon if it meets the below listed criteria:

semi-automatic rifle that has the ability to accept a detachable magazine and has at least 2 of the

following:

a folding or telescoping stock;

2. a pistol grip that protrudes conspicuously beneath the action of the weapon;

3. a bayonet mount;

a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and

5. a grenade launcher;

 

Found it:

 

THE LAW THAT PERTAINS TO EVERYONE:

2C:39-1w."Assault firearm" means:

(1)The following firearms:

Algimec AGM1 type

Any shotgun with a revolving cylinder such as the "Street Sweeper" or "Striker 12"

Armalite AR-180 type

Australian Automatic Arms SAR

Avtomat Kalashnikov type semi-automatic firearms

Beretta AR-70 and BM59 semi-automatic firearms

Bushmaster Assault Rifle

Calico M-900 Assault carbine and M-900

CETME G3

Chartered Industries of Singapore SR-88 type

Colt AR-15 and CAR-15 series

Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types

Demro TAC-1 carbine type

Encom MP-9 and MP-45 carbine types

FAMAS MAS223 types

FN-FAL, FN-LAR, or FN-FNC type semi-automatic firearms

Franchi SPAS 12 and LAW 12 shotguns

G3SA type

Galil type Heckler and Koch HK91, HK93, HK94, MP5, PSG-1

Intratec TEC 9 and 22 semi-automatic firearms

M1 carbine type

M14S type

MAC 10, MAC 11, MAC 11-9mm carbine type firearms

PJK M-68 carbine type

Plainfield Machine Company Carbine

Ruger K-Mini-14/5F and Mini-14/5RF

SIG AMT, SIG 550SP, SIG 551SP, SIG PE-57 types

SKS with detachable magazine type

Spectre Auto carbine type

Springfield Armory BM59 and SAR-48 type

Sterling MK-6, MK-7 and SAR types

Steyr A.U.G. semi-automatic firearms

USAS 12 semi-automatic type shotgun

Uzi type semi-automatic firearms

Valmet M62, M71S, M76, or M78 type semi-automatic firearms

Weaver Arm Nighthawk.

 

THE GUIDELINE GIVEN TO LAW ENFORCEMENT AGENCIES:

ASSAULT FIREARMS

Guidelines Regarding the "Substantially Identical" Provision in the State's Assault Firearms Laws

Issued August 1996

 

TO: Director Terrence P. Farley, Division of Criminal Justice

All County Prosecutors

All Law Enforcement Chief Executives

FROM: Attorney General Peter Verniero

DATE: August 19, 1996

SUBJECT: Guidelines Regarding the "Substantially Identical" Provision in the State's Assault

Firearms Laws

 

I. Introduction

In recent weeks there has been a question about the meaning of the term "substantially identical" in New Jersey's assault firearms law. The Legislature addressed this question in the provisions of the Code of Criminal Justice, and despite the clarity of the law, it is appropriate for the Attorney General to provide guidance to the prosecutors in order to ensure that the law is administered uniformly and effectively throughout the State. N.J.S.A. 52:17B-98. I am directing the prosecutors, as chief law enforcement officers of their respective counties, to share this guidance with local police departments, who in turn should provide copies of this memorandum to any member of the public who requests information on assault firearms.

 

II. Guidelines

New Jersey law lists firearms that are prohibited "assault firearms." N.J.S.A. 2C:39-1w.(1). In addition, the law provides that the term "assault firearm" includes, "Any firearm manufactured under any designation which is substantially identical to any of the firearms listed" in the law. N.J.S.A. 2C:39-1w.(2). Thus, a firearm is an assault firearm if it is included on the list of banned firearms or if it is manufactured under a different designation than a firearm on the list but is "substantially identical" to a specific listed firearm.

 

We believe "substantially identical" is clear by its plain meaning. The Criminal Code provides that the statutes in the Code must be read "according to the fair import of their terms." N.J.S.A. 2C:1-2c. The Criminal Code explains that where language may be susceptible to different readings it must be construed to "give fair warning of the nature of the conduct proscribed." N.J.S.A. 2C:1-2a.(4), c. Simply put, the phrase "substantially identical" must be given its plain meaning, one that gives fair warning.

 

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.

 

The following are examples of manufacturer changes that do not alter the essential nature of the firearm: name or designation of the firearm; the color of the firearm; the material used to make the barrel or stock of the firearm; the material used to make a pistol grip; a modification of a pistol grip. This is not an exclusive list.

 

A semi-automatic firearm should be considered to be "substantially identical," that is, identical in all material respects, to a named assault weapon if it meets the below listed criteria:

 

A. a semi-automatic rifle that has the ability to accept a detachable magazine and has at least 2 of the following:

1. a folding or telescoping stock;

2. a pistol grip that protrudes conspicuously beneath the action of the weapon;

3. a bayonet mount;

4. a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and

5. a grenade launcher;

 

B. a semi-automatic pistol that has an ability to accept a detachable magazine and has at least 2 of the following:

1. an ammunition magazine that attaches to the pistol outside of the pistol grip;

2. a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;

3. a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;

4. manufactured weight of 50 ounces or more when the pistol is unloaded; and

5. a semi-automatic version of an automatic firearm; and,

 

C. a semi-automatic shotgun that has at least 2 of the following:

1. a folding or telescoping stock;

2. a pistol grip that protrudes conspicuously beneath the action of the weapon;

3. a fixed magazine capacity in excess of 5 rounds; and

4. an ability to accept a detachable magazine.

 

III. Inquiries from Private Citizens

Law enforcement officers should, whenever possible, attempt to be helpful and to respond to inquiries concerning particular firearms. Private citizens should also be encouraged to consult with their own attorneys and, where necessary, referred to the Firearms Unit of the Division of State Police.

 

IV. Purpose and Effect of these Guidelines

In enforcing this law, prosecutors and police should remember that an assault firearms offense requires proof that the defendant knows he or she possesses an assault firearm, e.g., that the defendant knows that the firearm is "substantially identical" to one of the named assault weapons.

 

These guidelines should be followed by all county prosecutors and all law enforcement officers in this State so that the State's assault firearms laws will be uniformly enforced throughout the State.

its a good list , and it give me an idea of whats going on ,but its dated 1996...and does it mean that firearms of that name or something close to it are illegal ..or does it just define what an "Assault rifle " is ?

its a good list , and it give me an idea of whats going on ,but its dated 1996...and does it mean that firearms of that name or something close to it are illegal ..or does it just define what an "Assault rifle " is ?

 

lol, dude I usually just find the gun im interested in buying, google image it and post the link in here... then just ask if it's legal... some of the people in here can tell you right off the bat weather it's legal or not..

 

beats the hell outta trying to figure out what's what... the gun you wanna buy just post a link in here and ask if it's legal, much easier..

understood and duely noted . I guess it would be implied that an NJ dealer that has an assortment of certain "Assault Rifles" would have to know which ones he or she can and cant carry right?

understood and duely noted . I guess it would be implied that an NJ dealer that has an assortment of certain "Assault Rifles" would have to know which ones he or she can and cant carry right?

 

correct, but if you were to buy off gunbroker.com or something and if you dont know if it's legal in this state you can always throw up a link of the gun and ask, there are many here that will help..

What's an "assault" rifle? Are we storming the beaches? Rappelling down the sides of buildings?

 

Just saying...

 

Oh, and yes, I'm joking. Though, I'm sure others would agree that the term "assault rifle" is a misstatement. A better term might be something along the lines of "battle rifle." A battle rifle is something that might be, for whatever reason, worthy of taking to battle-- hence the reason why the military calls their systems battle rifles.

An assault rifle, in the civilian world, would define the rifle being used in what would seem to be an assault-- which, in most cases, would be a crime. (Defending yourself in your home is not assaulting; though who's to say Lady Justice would care anyway.)

 

Just my :twocents-twocents:

 

Otherwise, yea, just ask on the forums if you're totally not sure, and there is a wealth of knowledge here from the forum members.

What's an "assault" rifle? Are we storming the beaches? Rappelling down the sides of buildings?

 

Just saying...

 

Oh, and yes, I'm joking. Though, I'm sure others would agree that the term "assault rifle" is a misstatement. A better term might be something along the lines of "battle rifle." A battle rifle is something that might be, for whatever reason, worthy of taking to battle-- hence the reason why the military calls their systems battle rifles.

An assault rifle, in the civilian world, would define the rifle being used in what would seem to be an assault-- which, in most cases, would be a crime. (Defending yourself in your home is not assaulting; though who's to say Lady Justice would care anyway.)

 

Just my :twocents-twocents:

 

Otherwise, yea, just ask on the forums if you're totally not sure, and there is a wealth of knowledge here from the forum members.

 

 

Good point BBK

when I was in school my friend stuck an Assault Spork in the hand of someone trying to steal his fries.

lol very good points . Thanks for the responses,

to quickly get down to brass tacks... WHAT rifle do you want? the simplest answer is this...

 

there are guns you CAN'T own in NJ.. and then there are guns that are SIMILAR (but NOT identical as per AG guidelines) that you CAN own...

 

if you say to me..

 

i want an AK47... it would be my opinion that you can NOT buy an AK47 but you COULD buy a wasr, saiga, etc... providing it does not posses enough "evil features" to be considered "substantially identical" to said banned weapon..

 

so it would probably be a LOT easier to say "i want something with an AK action" OR "i want an AR platform rifle whats best?" there are TONS of things to consider.. power and accuracy of the round.. availability of ammo.. etc.. all of my rifles fall into the "black rifle" category, but all remain NJ legal due to low magazine capacity and lack of "evil" features....

very interesting things to consider. looks like i have so much to learn.

very interesting things to consider. looks like i have so much to learn.

 

 

In short, keep in mind, there is federal law, and there is NJ law.

 

the state governments restrict even more.

 

so while the federal government had an expired assult weapons ban, it doesnt matter one damn bit in NJ, because NJ law already restricts alot of the stuff anyway.

very interesting things to consider. looks like i have so much to learn.

 

 

In short, keep in mind, there is federal law, and there is NJ law.

 

the state governments restrict even more.

 

so while the federal government had an expired assult weapons ban, it doesnt matter one damn bit in NJ, because NJ law already restricts alot of the stuff anyway.

 

 

Also, Dont forget that the NJ ban Predated the Federal ban by 2 years.... in fact the Federal ban was almost word-for-word verbatim of NJ's law, except that the Federal law allowed for Pre-ban Rifles and Magazines, and had the cap on new Mags at 10 rounds.

this predates me... but was nj at that point limited to 10 rnds as well?

this predates me... but was nj at that point limited to 10 rnds as well?

 

I Believe it was... I Do recall every magazine over 10 rounds being stamped for LE/Miltary use only. I dont have my Duty Weapon at home with me to check, but I believe all of my magazines are still Stampes from the ban years. When they announced the NJ ban i chose to sell my toys out of state rather than register them, and didnt really keep up with the NJ requirements. I didnt own another AR until the Fed ban sunset in 2004.

this predates me... but was nj at that point limited to 10 rnds as well?

No mag over 10 rounds could be manufactured during the Federal ban. Possession was not restricted. Mags made over 10 rounds were marked as stated above. A letter from the Chief purchasing officer of an LEA and a letter from the officer buying was needed.