Thoughts on the legality of these kits?

although I can not site the exact law.. it is my understanding that a high capacity magazine in parts or in whole are both illegal... I do not believe the state of NJ distinguishes between a magazine whole or in parts..

Did a quick perusal of the statutes and couldn't find anything specific to your question. However, I think we kicked this around before and decided there may be a case there for constructive possession.

 

There is a statute about the manufacture of large capacity magazines that may have some teeth in the case of a magazine repair kit. Stupid to take the chance. JMHO.

 

Adios,

 

Pizza Bob

Well, for it to be an illegal hi-cap magazine it has to "continuously feed ammunition into a semi-automatic firearm". A pile of parts doesnt do this, however, I have a feeling there is some sort of constructive posession thing that they would get you with otherwise we would all have taken apart 30 rounders (which would be awesome compared to what we have now...)

although I can not site the exact law.. it is my understanding that a high capacity magazine in parts or in whole are both illegal... I do not believe the state of NJ distinguishes between a magazine whole or in parts..

 

Is there any source to that? I looked in older threads, and thus far, the only thing I found was "a magazine holding 15 rounds or more is illegal".

Did a quick perusal of the statutes and couldn't find anything specific to your question. However, I think we kicked this around before and decided there may be a case there for constructive possession.

 

There is a statute about the manufacture of large capacity magazines that may have some teeth in the case of a magazine repair kit. Stupid to take the chance. JMHO.

 

Adios,

 

Pizza Bob

 

 

Well, for it to be an illegal hi-cap magazine it has to "continuously feed ammunition into a semi-automatic firearm". A pile of parts doesnt do this, however, I have a feeling there is some sort of constructive posession thing that they would get you with otherwise we would all have taken apart 30 rounders (which would be awesome compared to what we have now...)

 

I thought Constructive Possession was a Federal thing, not a NJ thing.

http://www.guntrustlawyer.com/2009/08/florida-man-arrested-for-const.html

 

Or it has to be proven in the courts... which is even more superfluous.

I thought Constructive Possession was a Federal thing, not a NJ thing.

 

 

Possible, but with so many laws on the books, they will get you for SOMETHING if they want. If having a disassembled 30 rounder is legal then having an AR upper with a flash hider and bayonet lug is legal too as long as its off your upper. I think both scenarios would be legal but in both scnearios they would get you one way or another.

Possible, but with so many laws on the books, they will get you for SOMETHING if they want. If having a disassembled 30 rounder is legal then having an AR upper with a flash hider and bayonet lug is legal too as long as its off your upper. I think both scenarios would be legal but in both scnearios they would get you one way or another.

 

I think the upper with an FH is a bit of a stretch... but if a judge/jury tried to get after you for a magazine rebuild kit, then you could simply say it was for fixing your NJ compliant magazines. Then making a case that magazines eventually wear out and need replacement parts/springs.

 

For example: is possessing a 14.5" AR-15 barrel alone constructive possession? What if you bought one as part of a future build, but you only have some of the parts.

 

Ambiguity in the law cuts both ways, so you will prolly never get his with Constructive Possession unless connected to a separate, more grievous crime.

IANAL, but it seems to me that constructive possession is simply a concept in law - neither specifically federal or state. If you have all the pieces in your possession of a particular prohibited component, and they may be assembled to create a working rendition of that component - you are in constructive possession. In NJ, regarding magazines, you do not have to be in possession of a firearm that accepts the magazines, possession of the magazines themselves is unlawful.

 

Your example about repair would only be a viable defense if the individual parts; i.e. springs, followers, base plates and body, were not available separately.

 

Easier, and legal, just to make a friend in PA and store your SHTF mags with them. Not worth the risk in NJ.

 

Adios,

 

Pizza Bob

I did notice on one of the sites I saw a while back that there were no restrictions on selling them or shipping them to NJ.

 

Not saying it legal or illegal, just find it strange that they would be able to ship to NJ, must be some thing to that, but I also don't want to be the test dummy to find out.

 

Harry

 

 

I did notice on one of the sites I saw a while back that there were no restrictions on selling them or shipping them to NJ.

 

Not saying it legal or illegal, just find it strange that they would be able to ship to NJ, must be some thing to that, but I also don't want to be the test dummy to find out.

 

Harry

 

These are out of state dealers who are willing to take your money and do not have to abide by NJ law. NJ dealers have to obey the law and admin code. That is why you will not see a NJ dealer selling magazine parts kits.

 

Good luck.

These are out of state dealers who are willing to take your money and do not have to abide by NJ law. NJ dealers have to obey the law and admin code. That is why you will not see a NJ dealer selling magazine parts kits.

 

Good luck.

 

Thanks for the clarification on that Paul, was wondering about that when I saw them with no restrictions.

 

Harry

I wouldn't touch them.

 

I saw these "rebuild kits" for sale on the interweb before. Some of the sites even say they are for rebuilding authorized magazines in ban states , such as those few people that registered their "AW's" back during the grandfathering stage. As I understand, those "AW" permits also allowed for >15 rnd mags for that particular registered gun if used in competition or other BS like that.

 

Scrupulous vendors will still ship them to anyone as in their eyes they are not considered magazines. But as others have said, it would not be their arses on the line.

I sell rebuild kits but do not market them toward NJ. The only state that I market them towards is California and only because the state AG has stated, in writing, that rebuild kits do not violate PC.

"Here at the New Jersey Division of Pre-Crime, we take constructive possession quite seriously!"

 

i was in with a magazine buy on one of my other forums till they said they don't have 15rd's and instead would send the 20 rounders, i asked about it and the company said it was legal.

 

However i would rather play it safe, because you never know, hell if the state police can't give you advice who can? Im sure Nappin could but i won't flip 1,000 dollars to find out i can buy a car load of 15rounders for my M-14 for that price.

 

 

Bottom line is better to be safe then sorry, i would hate to go to jail for 10 years and lose my rights to any firearm because i bought a parts kit that some company said was legal as it was dissembled.

It's crap like this where I wish we would have firearms owners defense fund. We might as well push our limits in the courts with test cases to overturn some of these atrocious restrictions.

It's crap like this where I wish we would have firearms owners defense fund. We might as well push our limits in the courts with test cases to overturn some of these atrocious restrictions.

Yeah unless YOU are the test case that fails..and now you're a Felon. AWFULLY heavy dice to roll my friend.

Yeah unless YOU are the test case that fails..and now you're a Felon. AWFULLY heavy dice to roll my friend.

 

At this point, a properly established legal strategy is the way to go. Do I want to be a test case? Probably not... not without a plan and some kind of money backing things.

Come to NJ... become a felon for many things you currently enjoy in the rest of free America.

Come to NJ... become a felon for many things you currently enjoy in the rest of free America.

 

New tourism slogan???

 

Harry

i recently ran into a guy who bought a few, apparently a few gun shops are selling blocked magazines, i called the state police and the firearms unit guy 9for my area who we are on a good named basis now), stated that if you can remove the pin, and the block then it can be high capacity. he said the only "legal" way to stay safe is to literally either 1 buy them and cut them up to make 15'rds or 2 just buy 15rd's and be completely safe.

i recently ran into a guy who bought a few, apparently a few gun shops are selling blocked magazines, i called the state police and the firearms unit guy 9for my area who we are on a good named basis now), stated that if you can remove the pin, and the block then it can be high capacity. he said the only "legal" way to stay safe is to literally either 1 buy them and cut them up to make 15'rds or 2 just buy 15rd's and be completely safe.

 

To me that's just a statement is to err on the side of caution.

 

Permanently blocked mags that you can not remove a pin or other part of it to allow capacity above 15 is legal.

 

Harry