OK, I was guilty of parroting the "NJAC only applies to dealers" line that is often found on this board, in regard to blocked mags, without really thinking it through, so I would appreciate some clarification.

 

The statutes (2C:39-1,y in this case) are the LAW. The NJAC, as I undestand it, is supposed to be a guide as to how to apply (administer) that law. Now who would it be guiding? The obvious answer is LE, which would be the police, DA's and any other person charged with enforcing the law. So where does this "Only applies to dealers" come from"? The law applies to everyone not specifically exempted. The NJAC tells LE how to apply the statute - in this case it is telling them that if a magazine is modified it must be permanently altered - no caveats there about "applies only to dealers", it applies to everyone in possession of a hi-cap mag, as defined by the statute.

 

Not sure who formulates the NJAC, but I'd assume that it would be the AG in conjunction with some of the top ranks of the NJSP. Someone please enlighten me as how the NJAC was interpreted as only applying to dealers, when it comes to 2c:39-1,y.

 

Adios,

 

Pizza Bob

As you know, I'll be closely watching this thread.

There are lots of things said on this forum that are at best, someones interpretation of something, and at worst, nothing more then hearsay. Often times they are incorrect and not what the actual law says. Where this "only applies to dealers" things comes from? Not a clue. Really the easiest way to find out if something is legal or illegal, is to look up the laws and statues yourself, and use whatever interpretation of that you feel comfortable with.

 

If you rely on what people say here, then you would never be able to stop for gas or food with a firearm in your car, you couldn't travel with loaded magazines, ammo would have to be in a separate container/case/bag from your firearms at all times, you can't travel out of state with firearms from NJ, the list goes on.

"administrative code" is not "law" as you pointed out, and as far as I am aware...

 

it is instead a set series of code as to (in this case) how firearms dealers are to do business.. not a series of code governing the general public..

 

the LAW is what you need to be concerned with because you can break laws.. but since you are not a firearms dealer.. you can not break administrative code that tells firearms dealers how to do business..

 

that is my understanding at least..

There are lots of things said on this forum that are at best, someones interpretation of something, and at worst, nothing more then hearsay. Often times they are incorrect and not what the actual law says. Where this "only applies to dealers" things comes from? Not a clue. Really the easiest way to find out if something is legal or illegal, is to look up the laws and statues yourself, and use whatever interpretation of that you feel comfortable with.

 

If you rely on what people say here, then you would never be able to stop for gas or food with a firearm in your car, you couldn't travel with loaded magazines, ammo would have to be in a separate container/case/bag from your firearms at all times, you can't travel out of state with firearms from NJ, the list goes on.

 

 

the law is the law.. the law on transport is vague.. "stops that are necessary" meaning if you get jammed up with a gun in the car it is going to ultimately fall on the jury to decide if that stop at wawa was necessary..

 

transporting loaded mags is not restricted as per NJ law..

 

I agree with the part about just reading the law.. because at the end of the day if the police (for example) think that you broke the law.. it will be up to you to establish that to your understanding you did not.. MOST of the law is pretty clear.. weight of firearms... pistol grips... magazine capacity.. some of it is a little less clear unfortunately..

the law is the law.. the law on transport is vague.. "stops that are necessary" meaning if you get jammed up with a gun in the car it is going to ultimately fall on the jury to decide if that stop at wawa was necessary..

 

I can see it now-

 

That stop at WaWa was not necessary sir - you should have run out of gas, left your car on the side of the road, THEN it would have been a necessary stop...

I can see it now-

 

That stop at WaWa was not necessary sir - you should have run out of gas, left your car on the side of the road, THEN it would have been a necessary stop...

 

 

lolz

"administrative code" is not "law" as you pointed out, and as far as I am aware...

 

it is instead a set series of code as to (in this case) how firearms dealers are to do business.. not a series of code governing the general public..

 

the LAW is what you need to be concerned with because you can break laws.. but since you are not a firearms dealer.. you can not break administrative code that tells firearms dealers how to do business..

 

that is my understanding at least..

 

+1

Most police do not even know where to find the Administrative Code, or even heard of it. AFAIK, the NJSP/NJAG make up their own set of Rules, Guidelines, and Directives, which gets into the Code. Maybe they will eventually get sued for this.

+1

Most police do not even know where to find the Administrative Code, or even heard of it. AFAIK, the NJSP/NJAG make up their own set of Rules, Guidelines, and Directives, which gets into the Code. Maybe they will eventually get sued for this.

Most times Joe officer only finds out about Administrative Code provisions when he steps on one.. Sort of the the AG "Guidelines"..acen though it says "Guideline" meaning it's optional, VIOLATE one and you find it's a hard and fast rule.

Hopefully Bob from NJ2AS will chime in, he was explaining this at the last meeting.

 

From what I understand, no one can be criminally charged with violating the AC. The state can try to revoke a dealers license for violating the AC. So what that means is if a dealer nowadays sold a mag that was blocked to 15 rounds with only a removable piece of wood (which was done legally for many years after the AW ban went into effect) they could pull the dealers license but not charge them individually with selling an illegal mag.

 

The AC is written buy whoever the AG tasks with writing it.

Hopefully Bob from NJ2AS will chime in, he was explaining this at the last meeting.

 

From what I understand, no one can be criminally charged with violating the AC. The state can try to revoke a dealers license for violating the AC. So what that means is if a dealer nowadays sold a mag that was blocked to 15 rounds with only a removable piece of wood (which was done legally for many years after the AW ban went into effect) they could pull the dealers license but not charge them individually with selling an illegal mag.

 

The AC is written buy whoever the AG tasks with writing it.

 

sounds like it has all been explained pretty well..

Hopefully Bob from NJ2AS will chime in, he was explaining this at the last meeting.

 

From what I understand, no one can be criminally charged with violating the AC. The state can try to revoke a dealers license for violating the AC. So what that means is if a dealer nowadays sold a mag that was blocked to 15 rounds with only a removable piece of wood (which was done legally for many years after the AW ban went into effect) they could pull the dealers license but not charge them individually with selling an illegal mag.

 

The AC is written buy whoever the AG tasks with writing it.

 

... and the person who purchased such mag? What would happen to them, according to the law?

... and the person who purchased such mag? What would happen to them, according to the law?

 

Depends upon who the possessor is, who the seller is, and who the accuser is.

... and the person who purchased such mag? What would happen to them, according to the law?

 

nothing should happen to them according to the law.. since a magazine blocked down to 15 complies with the law as it is literally written..