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NJ Man with a 1919 Charged with Machinegun Possesion

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Saw this over on another site. Seems having a gun with the word "Machine Gun" on the side of it isnt such a hot idea in NJ....

 

link

NIOCE!! Just another example of how awesome and messed up this state is. The firearms expert, broke the gun, couldn't continue his investigation process, and just says its a full automatic machine gun b/c it says it on the side plate. SWEET!

What's the legality of having a lower with the markings for "full auto"... even though it's a semi?

I could be completely wrong about the following, but I seem to remember something about if a semi automatic rifle has even 1 part in it from an automatic rifle, it is considered a machine gun. This article was refering to AR15's that had lower reciever parts in it from an M16. This was even if the rifle was not capable of firing fully auto.

Mine says semi auto and it was transferred through a NJ dealer so that aside .

 

its a 5 or 10 min job to pull the bad case out I did it last week so much for there expert

GlennP's gonna hafta be careful now!

 

Glenn? You mean Eric! Eric, move to Pennsy!

I could be completely wrong about the following, but I seem to remember something about if a semi automatic rifle has even 1 part in it from an automatic rifle, it is considered a machine gun. This article was refering to AR15's that had lower reciever parts in it from an M16. This was even if the rifle was not capable of firing fully auto.

 

That's a good rule of thumb to stay out of trouble. But it's defined (at least federally) weapon by weapon and sometimes even case by case. And sometimes changed :|

 

For instance, FA bolt carrier is legal in AR in the United States. Not sure about New Jersey.

 

I don't know the details but you are correct about M16 fire control components in AR. Or even a sear hole.

Is there even any functional difference in the bolt carrier of an M16 compared to an AR-15?

Is there even any functional difference in the bolt carrier of an M16 compared to an AR-15?

 

The answer to the question is actually to reverse the question. The M16 has an opening on the bottom to allow the hammer to hit the firing pin and to be pushed to recock when the carrier moves rearward. Many AR manufacturers started cutting the opening longer so it would not trip an auto sear when the the carrier returns and the bolt is locked.

 

Some people with ARs prefer the normal carrier (AKA not AR neutered) because it is closer to the original design. It has more metal and is heavier so it is closer the the original design and may work better. I don't have any normal carriers in my ARs because all my ARs are old and I don't use them much. I have normal carriers in all the uppers I use with M16s. Most of the reputable manufacturers ship uppers nowadays with the normal carriers. Still, even though they are legal in the US, I have no idea if they are legal in NJ.

It SOUNDS like he buit it himself from an 80% side plate...therefore he Committed a Felony by manufacturing in this state. He will probably beat the machinegun charge, but he'll get screwed for the manufacturing charge.

Is there even any functional difference in the bolt carrier of an M16 compared to an AR-15?

 

There are AR15 carrier and firing pin modifications that are designed to jam the action on the notch at the top of an AR15 hammer if the disconnector is removed. The M16 carrier is designed to shroud the bottom of the firing pin thus it allows the weapon to be able to slam fire if the disconnector removed... Personally I'd rather not take my life into my own hands by intentionally making a weapon slam fire but I never underestimate the stupidity of others...

 

Bushmaster put this out years ago so people learn to know their parts and not get into the jackpot if they have any of them in their weapon.

 

ar15m16.gif

Mine says Browning Machinegun on the side. I guess I'm next. MOLON LABE.

 

 

i hope not :facepalm:

Looks like he is being charged for possession of a AW (machine gun in this case). Here is NJ's definition of a machine gun. Nothing to indicate if it has the words "maching gun" stamped on any part of it would cause it to be defined as such.

 

NJ definition of a machine gun:

"Machine gun" means any firearm, mechanism or instrument not requiring that the trigger be pressed for each shot and

having a reservoir, belt or other means of storing and carrying ammunition which can be loaded into the firearm,

mechanism or instrument and fired therefrom."

Glenn? You mean Eric! Eric, move to Pennsy!

 

 

I have two 1919a4s. Eric has an M53

 

Showing one to a vet at the reading air show:

Retainingwalls007.jpg

 

Being filmed for the history channel with one (other ones right behind my left shoulder)

 

DSC05222.jpg

Way to go Glenn, thanks for the post and pics. I'm sure you made those Vets happy.

I have two 1919a4s. Eric has an M53

Actually it is a MG-42 Glenn, 90% of the parts are German marked.

Actually it is a MG-42 Glenn, 90% of the parts are German marked.

 

 

Damn, that's friggen sweet. Those things can cost up to $2K, and I'm sure yours cost much more because it is more authentic.

 

I almost dropped ~ $4K on an MG34 XMG upper to use on M16 receivers a couple years ago. Glad I dodged that bullet. What a fiasco.

  • 1 year later...

Does anyone know the name of the court case refered to in the tread/article or what the final outcome was of this case?

Does anyone know the name of the court case refered to in the tread/article or what the final outcome was of this case?

 

The forensic expert referred to is a friend of mine. glennp met with us to demonstrate how to disassemble and check for the proper conversion. Not sure that this has been ajudicated yet, but I'm confident he'll beat the machine gun charge - don't want to give my reasons in a public forum until I know if the case has been decided. Don't feel bad for this guy - the AW charge stemmed from the original reason the police got involved. It is my understanding that he was terminated at his job, went out and got drunk and was firing an AK in the parking lot. The AW charge attaches to the AK, not the 1919.

 

Adios,

 

Pizza Bob

Drunk in a parking lot firing a rifle around .... nice :facepalm:

 

Thanks for perpetuating the stereotype and setting us back about a gajillion years, jackass.

<sarcasm alert>

 

What? Celebratory fire is a no-no here? It's fine in all the muslim countries.

I could be completely wrong about the following, but I seem to remember something about if a semi automatic rifle has even 1 part in it from an automatic rifle, it is considered a machine gun. This article was refering to AR15's that had lower reciever parts in it from an M16. This was even if the rifle was not capable of firing fully auto.

no

I could be completely wrong about the following, but I seem to remember something about if a semi automatic rifle has even 1 part in it from an automatic rifle, it is considered a machine gun. This article was refering to AR15's that had lower reciever parts in it from an M16. This was even if the rifle was not capable of firing fully auto.

 

Not so. Another example is M2 carbine parts. Most M2 parts are used as totally legal replacements on a M1 carbine. There are only 2 or 3 parts that have use only in a M2. IIRC possession of a full M2 kit constitutes a NFA violation. Possession of a carbine is not required.

  • 2 weeks later...

The forensic expert referred to is a friend of mine. glennp met with us to demonstrate how to disassemble and check for the proper conversion. Not sure that this has been ajudicated yet, but I'm confident he'll beat the machine gun charge - don't want to give my reasons in a public forum until I know if the case has been decided. Don't feel bad for this guy - the AW charge stemmed from the original reason the police got involved. It is my understanding that he was terminated at his job, went out and got drunk and was firing an AK in the parking lot. The AW charge attaches to the AK, not the 1919.

 

Adios,

 

Pizza Bob

 

Thank you!

  • 1 month later...

I am looking for an FFL who will transfer a .308 semi-auto Sarco 1919A4. Can anyone recommend a FFL in NJ who will do this transfer for me? I have contacted a few places and they are reluctant to do the transfer.

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