Its pretty clear, if it fits into a SA firearm... its a high capacity magazine. You don't need to own the said SA firearm to be in violation. If the state can prove that the magazine fitting over 15 rounds can be used by any SA firearm available anywhere, you are out of luck.

 

I know many people aren't Nappen fans, but he has an example in his book in which an 15+ round magazine ONLY fit into a automatic fire weapon (there were no SA versions of the weapon ever made), so he got his client off on the charge as NJ law states SA firearms specifically.

 

 

2C:39-1 y."Large capacity ammunition magazine" means a box, drum, tube or other container which is capable of holding more than 15 rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic firearm.

 

Does "capable of" refer only to the number of rounds or both the number of rounds and to be fed... into a semi-auto?

 

To me, it's not clear. But, like I said, I wouldn't want to be the test case.

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x."Semi-automatic" means a firearm which fires a single projectile for each single pull of the trigger and is self-reloading or automatically chambers a round, cartridge, or bullet.

 

y."Large capacity ammunition magazine" means a box, drum, tube or other container which is capable of holding more than 15 rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic firearm.

 

Capable of holding more than 15 rounds.... that can feed into a SA firearm. This means, if you have a magazine that can hold more than 15 rounds, and it will fit into and function in any SA firearm ever created, you would be guilty of possession of a "large capacity ammunition magazine".

 

Co-possession of the SA firearm for which the magazine fits is not a requirement to be found guilty. The same is true for possession of hollow points outside of the exemptions. You do not need the firearm in which the hollow point rounds fit into to be found guilty.

 

edit: if the magazine is unable to be used in any SA firearm, it is OK to exceed 15 rounds according to the law. The state would have to prove there is a SA version of the firearm out there that will accept the mag to have a case.