I was talking with some ATF guys today and we were talking about some NFA class III stuff. They said at the current rate that they are finding stuff when WWII vets die, they are about 90% positive that they are going to do an amnesty just like 1968 this year. Many honest citizens are becoming felons when they find that grandpa brought home a machine gun that they never knew about. Now here comes the big question. If federally they were to have amnesty, would NJ follow the amnesty? I know federal law trumps state but how does a situation like this play out?

 

A NJ resident may be given just enough amnesty to get that evil gun out of this state.

 

A NJ resident may be given just enough amnesty to get that evil gun out of this state.

lol

I am interested in this because something might be coming my way in a few years. I won't be able to live in NJ and have it though.

Somehow, I think NJ is just stupid enough to start labeling our veterans and their children as mass murderers for having possession of those evil, EVIL guns.

I know federal law trumps state but how does a situation like this play out?

 

When it comes to firearms, this is NOT true. You have to be in compliance with ALL federal, state and local laws. A case in point is a FFL C&R license. Federal law (ATF) allows C&R guns to be shipped directly to your home if you have the license. However, NJ law does not allow this, so you cannot have C&R firearms sent to your home even though federal law allows it.

 

A NJ resident may be given just enough amnesty to get that evil gun out of this state.

 

Doubtful. What would probably happen is that you would become an instant felon with no way to properly dispose of the weapon. Look no further than the magazine capacity limit. The law not only makes it a crime to possess or transport such magazine but it's also illegal to dispose of it. You have no legal recourse in this scenario. I would expect the same treatment for these weapons.

Lay low, don't tell police that grandpa brought back an MP40 from the war.

I have a sister that lives in Indiana, if anyone wants to send their "illegal" weapons to a "free state" she'll take them.

I was talking with some ATF guys today and we were talking about some NFA class III stuff. They said at the current rate that they are finding stuff when WWII vets die, they are about 90% positive that they are going to do an amnesty just like 1968 this year. Many honest citizens are becoming felons when they find that grandpa brought home a machine gun that they never knew about. Now here comes the big question. If federally they were to have amnesty, would NJ follow the amnesty? I know federal law trumps state but how does a situation like this play out?

When it comes to firearms, this is NOT true. You have to be in compliance with ALL federal, state and local laws. A case in point is a FFL C&R license. Federal law (ATF) allows C&R guns to be shipped directly to your home if you have the license. However, NJ law does not allow this, so you cannot have C&R firearms sent to your home even though federal law allows it.

 

Its not only firearms law but all law. State law cannot contradict Federal. NJ couldn't say convicted felons can own firearms for example. State law can however be more restrictive. The whole pistol permit thing for example. The only way that's going to be done away with is if the NJ Legislature changes the law (not likely) or its appealed to the SCOTUS as not being a "reasonable restriction".

 

 

When it comes to firearms, this is NOT true. You have to be in compliance with ALL federal, state and local laws. A case in point is a FFL C&R license. Federal law (ATF) allows C&R guns to be shipped directly to your home if you have the license. However, NJ law does not allow this, so you cannot have C&R firearms sent to your home even though federal law allows it.

 

Federal law is the law of the land. State laws can be more restrictive but not contrary. What you relate is an example of more restrictive as you can still get C&R firearms through FFLs. Needing a FID, matching address dl, and COE for a long gun is another.

 

NJ could not say an out of state LEO can't carry in NJ. That would be contrary.

 

NJ statutes provide for a means to legally own a NFA weapon. The fact no one does would have to tested in Federal courts.

 

The difference between contrary and more restrictive isn't black and white.

 

I'm not defending NJ as I believe a lot of it is contrary to Federal law and unconstitutional. Getting it to the courts is another thing.

I was talking with some ATF guys today and we were talking about some NFA class III stuff. They said at the current rate that they are finding stuff when WWII vets die, they are about 90% positive that they are going to do an amnesty just like 1968 this year. Many honest citizens are becoming felons when they find that grandpa brought home a machine gun that they never knew about. Now here comes the big question. If federally they were to have amnesty, would NJ follow the amnesty? I know federal law trumps state but how does a situation like this play out?

First of all, I have to say that I don't believe anyone in the BATFE would say something so absurd as that the BATFE is going to have an amnesty.

 

Secondly, I have to question your judgment for thinking that those who brought us Fast and Furious would ever promote an amnesty for law abiding American citizens.

 

As to your question of law, enough others have made it sufficiently clear how absurd it was.

 

Thank you for reminding me why I rarely come here anymore.

 

 

Edited to add: I just noticed that this thread is a few months old. Usnmars, do you have any updates from your BATFE buddies?

Edited April 26, 201313 yr by Joelk