So I was wondering, is it against the law to own the accessories that turn a firearm into an nj assault rifle? What about transporting them with the rifle but not assembled?

 

Basically let's say I'm going to PA to fire my new rifle, in my trunk I have my rifle, a pistol grip, a telescoping stock and maybe some other accessories, but none of them are installed on the firearm, would i be breaking the law transporting them all together or owning them?

 

Thanks

If they attach to something where those accessories are not allowed..yes..you are breaking the law

So what you're saying is you can't even own these accessories or that they're just not allowed to be readily available for installation

Technically if you have the stuff and the guns they go on at the same time you are breaking the law

I believe It is called "constructive intent". It means that you readily have the means to put together something illegal out of currently legal parts, making the assumption that you are an evildoer without any proof.

If you are going to be traveling with multiple cars, then I suggest putting those accessories in the other vehicle. For actual ownership, it would be best to have them reside in different locations (like a friend's house).

I believe It is called "constructive intent". It means that you readily have the means to put together something illegal out of currently legal parts, making the assumption that you are an evildoer without any proof.

 

So that means if I have a shotgun and a hacksaw in the house I can be presumed to be a criminal, because I can make a sawed off shotgun...

 

 

So that means if I have a shotgun and a hacksaw in the house I can be presumed to be a criminal, because I can make a sawed off shotgun...

 

There is nothing on the books about that but there is on on what is discussed above.

so it stands true......in nj, concerning guns, we are considered guilty until proven innocent?

Ill throw you guys for a loop. What if I buy a mossberg MVP that takes ar mags and since its a bolt there is no mag limit. Can I have a 30rd mag just for that rifle? Even tho I have an ar?

 

Along those lines I'm getting a bolt action shotty and want to try and modify a saiga 12 mag to work with it can I do that? I don't own a saiga 12 and I assume if I alter the mag it wouldn't work in a saiga but yea those are my questions

 

 

Sent from my hidden under ground bunker between Taco Bell and the dry cleaner

I believe the whole "constructive intent" thing was a federal deal. I dont think it applies to NJ law.

 

Anyone have a constructive intent NJ law they can link to?

Ill throw you guys for a loop. What if I buy a mossberg MVP that takes ar mags and since its a bolt there is no mag limit. Can I have a 30rd mag just for that rifle? Even tho I have an ar?

 

Along those lines I'm getting a bolt action shotty and want to try and modify a saiga 12 mag to work with it can I do that? I don't own a saiga 12 and I assume if I alter the mag it wouldn't work in a saiga but yea those are my questions

 

 

Sent from my hidden under ground bunker between Taco Bell and the dry cleaner

 

No go, doesn't matter what gun the mag goes into, if the mag is capable of feeding consecutively over 15 rounds of ammunition into a semi-automatic firearm it is banned. Doesn't matter if you are using the mag in a BA today, if it fits into a SA rifle, its illegal even if you dont own a SA rifle.

 

Edit: If there was a proprietary mag for a BA, that no SA rifle will accept, then yes, technically you could have a 30 rounder. If at any time someone makes a SA rifle that takes those mags, it will then be instantly illegal.

 

No go, doesn't matter what gun the mag goes into, if the mag is capable of feeding consecutively over 15 rounds of ammunition into a semi-automatic firearm it is banned. Doesn't matter if you are using the mag in a BA today, if it fits into a SA rifle, its illegal even if you dont own a SA rifle.

 

Edit: If there was a proprietary mag for a BA, that no SA rifle will accept, then yes, technically you could have a 30 rounder. If at any time someone makes a SA rifle that takes those mags, it will then be instantly illegal.

 

I figured. What about the saiga mag. It would probably have to be permanently altered to fit in the marlin so would that be a go?

 

 

Sent from my hidden under ground bunker between Taco Bell and the dry cleaner

Another instance/example of this is if you are building an AR and have a legal completed lower with a pinned stock, then you order an upper but it has a flash hider on it, you can't have them both in the same house or you'll be breaking the law. Do most people care/follow this law? Who knows. If you get caught, you're going to jail. Doesn't matter if you were just about to go to the garage to pin the muzzle break you have. Upper with fash hider or threaded barrel with lower in your house = no go because you can potentially make an illegal firearm using these parts, "constructive intent".

I'm a bit confused here. The law says if a semi-automatic rifle has a detachable mag, you're only allowed one other "evil feature," usually a pistol grip. That means that other features aren't forbidden on their own, just in combination. The way I understand it, if you don't have a pistol grip, you can have a collapsible stock, for instance.

 

So how can the laws ban you from owning a flash suppressor, bayonet lug, etc., if they are not illegal on their own? As I understand it, the law does not forbid you from owning multiple EF's, just from having them on a gun.

Another instance/example of this is if you are building an AR and have a legal completed lower with a pinned stock, then you order an upper but it has a flash hider on it, you can't have them both in the same house or you'll be breaking the law. Do most people care/follow this law? Who knows. If you get caught, you're going to jail. Doesn't matter if you were just about to go to the garage to pin the muzzle break you have. Upper with fash hider or threaded barrel with lower in your house = no go because you can potentially make an illegal firearm using these parts, "constructive intent".

 

Can you show me where in the NJ laws you can't have an upper with a flash hider in the same house as a lower with a stock?

Can you show me where in the NJ laws you can't have an upper with a flash hider in the same house as a lower with a stock?

 

2C:39-1w(5): A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.

I believe the whole "constructive intent" thing was a federal deal. I dont think it applies to NJ law.

 

Anyone have a constructive intent NJ law they can link to?

 

I know very little about NJ law. Let's say, "none."But "constructive intent" was indeed a phrase coined by ATF in this regard. Most of their interpretation of that phrase has been shot down in federal court in recent years. But I would still obey the concept on the federal level unless I schooled myself on the details. Because I have not had the reason to learn the details, and that's where the Devil lives.Again, nothing to to with NJ law. Somebody already posted having parts is a consideration under NJ law and I have no comment on that.

I'm a bit confused here. The law says if a semi-automatic rifle has a detachable mag, you're only allowed one other "evil feature," usually a pistol grip. That means that other features aren't forbidden on their own, just in combination. The way I understand it, if you don't have a pistol grip, you can have a collapsible stock, for instance.

 

So how can the laws ban you from owning a flash suppressor, bayonet lug, etc., if they are not illegal on their own? As I understand it, the law does not forbid you from owning multiple EF's, just from having them on a gun.

 

You can own those things if you don't have the ability to put them on something that would then make them illegal... I have flash hiders for ar-15's but i dont have any barrels that would readily accept them... they are all pinned and welded with brakes. Since a stock can be changed out easily, you might have constructive intent. Same deal with a bayo lug, if you don't have the ability to put it on a barrel u should be OK. The fact is, it wouldn't make a difference unless you did something that made the authorities look into your firearms.

Constructive Intent

 

To be guilty of a crime, you have to intend to commit the crime. Doing something illegal by complete accident isn't a crime. However, you may have "constructive intent" if you took some action that you knew would put you at risk for committing the crime. Mary didn't intend to hit the pedestrian with her car - no intent no crime. But if she was driving drunk or speeding, she knew the result of her actions could result in hitting someone so there is constructive intent and a crime is committed.

 

But...none of that matters in NJ. In NJ, it's illegal to possess a gun with too many evil features. And it's also specifically illegal to posses all of the parts needed to assemble an assault weapon.

 

2C:39-1w(5): A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.

 

Outside of NJ, I suspect that "constructive possession", rather than "constructive intent" is more the issue. Possessing all of the parts of a machine gun is not possession of the machine gun but it could be "constructive possession" and still a crime.

Outside of NJ, I suspect that "constructive possession", rather than "constructive intent" is more the issue.  Possessing all of the parts of a machine gun is not possession of the machine gun but it could be "constructive possession" and still a crime.

 

Thanks, I misspoke. It is "constructive possession" as used by the ATF that has been mostly rendered null and void, not "constructive intent." When I read "constructive intent" I didn't notice the difference.