Hypothetically, if one was to receive a Crossman BB pistol which has a removable magazine capable of holding 18 BBs would this be illegal in New Jersey? I remember reading that BB guns are considered firearms In New Jersey and as such are they subject to the same stupidity as regular handguns?   Does that mean BB rifles which can hold many more than 15 BB's would be considered illegal?

 

 If I discharged a BB gun within my house into a Styrofoam filled box, am I subject to the same discharge laws for my municipality and if discovered be charged with discharging a firearm?

IANAL: BB & pellet guns are firearms therefore all firearm laws apply.

 

Realistically, I've walked in to a sporting goods store, picked up BBs & pellets from a shelf not behind a counter on under lock and key and purchased them with showing FPID or driver's license.

1) The BB pistol is considered a Handgun in NJ - You need a NJHG permit

 

2) IF the mag holds more than 15 rounds - you are in violation of the law

 

3) Since it is considered a Firearm in NJ, and IF you discharged it inside of a 

    zone where they have a No Discharge law - you are in violation

 

I cannot believe how stupid that all sounds after I typed it, but this is NEW JERSEY!

What semi-auto BB pistol are we talking about here?

What semi-auto BB pistol are we talking about here?

Many of the pistols on this page use magazines that hold 18 or more BBs,

http://www.crosman.com/airguns/pistols

 

I remember as a kid pouring the bb's into a rifle.

Evan Nappen filed a successful suit in federal court a while back that got magazine size restrictions in NJ knocked out to the extent they could apply to airguns.  There's some federal statute that prevents states from interfering with BB gun sales that he used as the basis of his case.

 

So an airgun is a gun as far as NJ is concerned and therefore must be transported as per exemptions or for air rifles, with a FPID.  Magazine capacity however, from what I recall, is not a problem.

I just read that ruling and it specifically enjoined the state from prosecuting individuals having  BB guns with a non-detachable magazine In excess of 15 rounds.   The pistols in the link above have removable magazines,,,, are they all illegal?

Evan Nappen filed a successful suit in federal court a while back that got magazine size restrictions in NJ knocked out to the extent they could apply to airguns.  There's some federal statute that prevents states from interfering with BB gun sales that he used as the basis of his case.

 

So an airgun is a gun as far as NJ is concerned and therefore must be transported as per exemptions or for air rifles, with a FPID.  Magazine capacity however, from what I recall, is not a problem.

THIS^^^^^^

 

NJ was enjoined from enforcing the AWB against air guns.

 

Coalition of New Jersey Sportsmen v. Florio, 744 F.Supp. 602

 

THIS^^^^^^

 

NJ was enjoined from enforcing the AWB against air guns.

 

Coalition of New Jersey Sportsmen v. Florio, 744 F.Supp. 602

Cut from the Order:

 

FURTHER ORDERED that defendants, their employees, officers,

and/or agents be and are hereby preliminarily enjoined from

enforcement of or prosecution under, N.J.S.A. 2C:39-3(j), and

N.J.S.A. 2C:39-9(h) against any and all owners of semi-automatic B-

B or pellet-firing air guns whose guns contain non-detachable

magazines in excess of fifteen (15) rounds; and it is

 

Cut from the footnotes:

 

4. If the magazines were detachable and not an integral part of a

firearm not otherwise regulated under the New Jersey statute, then

only the magazine would be banned, not the firearm. The ban on

large capacity magazines in such instances would not be preempted

under section 5001(g), as such magazines are neither traditional B-

B, paint-ball, or pellet-firing air guns.

How about the FA bb guns out there? Are they then considered machine guns under NJ law?

1) The BB pistol is considered a Handgun in NJ - You need a NJHG permit

 

2) IF the mag holds more than 15 rounds - you are in violation of the law

 

3) Since it is considered a Firearm in NJ, and IF you discharged it inside of a

zone where they have a No Discharge law - you are in violation

 

I cannot believe how stupid that all sounds after I typed it, but this is NEW JERSEY!

If you buy it out of state you don't need a permit. PA Walmarts have it in the shelf. Cash and carry.

Cut from the Order:

 

FURTHER ORDERED that defendants, their employees, officers,

and/or agents be and are hereby preliminarily enjoined from

enforcement of or prosecution under, N.J.S.A. 2C:39-3(j), and

N.J.S.A. 2C:39-9(h) against any and all owners of semi-automatic B-

B or pellet-firing air guns whose guns contain non-detachable

magazines in excess of fifteen (15) rounds; and it is

 

Cut from the footnotes:

 

4. If the magazines were detachable and not an integral part of a

firearm not otherwise regulated under the New Jersey statute, then

only the magazine would be banned, not the firearm. The ban on

large capacity magazines in such instances would not be preempted

under section 5001(g), as such magazines are neither traditional B-

B, paint-ball, or pellet-firing air guns.

On a side note, this concept of a federal preemption is in my opinion why FOPA would apply for a NJ resident transporting out of state for a lawful purpose.