http://www.pressofatlanticcity.com/news/crime/galloway--year-old-allegedly-tried-to-build-an-ar/article_b49f8609-82cf-5093-baa0-60a88289a0c6.html

 

( Sent from Press of AC )

 

Why does the media always list hollow points as a bad thing? So what did this kid do wrong? I guess because of his age 16 instead of 18, barrel not pinned, or did they just bust him because of his apparent previous felony.. does that he press realize AR s and HPs are legal here in the right configuration and place of possession.

I guess what I'm try to say is , let's pretend this sorry isn't about the kid. Could this happen to you or me?

Can a 16 year old possess HG ammunition?

 

Otherwise, I'd be very curious to see if he can get nailed for constructive intent.

I think they had a hard on for him. Seems like he's been in trouble before on weapons charges. As for you or I building the same rifle, as long as all the parts are NJ compliant there should be no issues. 

I agree after he brought a HG to school they're keeping an eye on him. Clearly this kid didn't learn his lesson.

 

Anyway, that's a plastic 80% lower. Technically I can stand outside a school and sell a trunk load of them. But combined with the rest of the parts he might get hit with constructive intent.

 

Can anyone read the receipt?

 

Also, I 100% support household gun manufacturing but stuff like this makes it hard to defend. Of course, if it were illegal it wouldn't stop this kid.

I see a jig for completing an 80% AR lower in the "junk on the bunk" photo.  I'm guessing this case will hinge on how "complete" the lower is.

If he didn't do any work on the lower then I don't expect a conviction for the AR alone.

I was feeling a bit more benevolent until I read that he has priors. Sounds like he's on the path to becoming a real upstanding citizen (of the NJ state prison system). lol

 

As for the whole AR and HP thing, do you really expect people who probably have never held a gun to know the gun laws of this state? Most police don't even know the laws without looking them up due to the amazing complexity and insanity.

This kid is not a poster boy for gun rights. No one should be defending him.

i kove how its like HE HAS THE PARTS FOR A FULLY FUNTIONAL AR15!

and bullets!

 

 

 

 

 

                                            ...oh yea and some cocaine...

What did he do wrong?

 

Where do we start.

80% lower, illegal to manufacture (no idea if he milled it yet, but clearly intended to)

Constructive intent(all the parts to complete it) no pinned barrel or stock)

Stolen credit card, probably how he bought everything (moron)

And cocaine!

This certainly paints a gang life intention doesn't it....

What did he do wrong?

 

Where do we start.

80% lower, illegal to manufacture (no idea if he milled it yet, but clearly intended to)

Constructive intent(all the parts to complete it) no pinned barrel or stock)

Stolen credit card, probably how he bought everything (moron)

And cocaine!

agree with all except the pinned barrel or stock.  That can happen after or during build with no issues

agree with all except the pinned barrel or stock. That can happen after or during build with no issues

Absolutely not. NJ'S constructive intent laws states that parts to complete a rifle are considered a whole. The second you have the parts to build it, NJ considers it a fully functional rifle. So what you think is a no issue is possession of an assault weapon, per NJ.

almost looks like the firearms stuff was a bonus to them.........think the felony, drugs, and cc theft is what got him jammed up

I wonder how many 80% ARs or now Glocks have been confiscated for use in a crime? They seem so easy to get- even Brownells and Midway are selling them.

This should be interesting because the 80% is not legally a part much less a functioning part. NJ dogma vs physics. Its like saying a gun is loaded even tho the loaded mag isnt in the gun but next to it, yes I know that actually is a thing somewhere. Thought crime? I have a feeling these 80% things are going to get some more un-wanted attention in the near future.

This kid is not a poster boy for gun rights. No one should be defending him.

I agree.

 

It will be interesting to follow with the 80%or90% or 100% lower.

I blew up the image and the lower has not been milled yet. The bits are unused.

Technically, he has all the parts except the lower. 80% lowers are legal to purchase in the PRNJ

because they are NOT a gun.

 

I have all the components in my house to build a .22 zip gun. Rubber bands, nails wood, old metal tubes etc.

Does this make me a criminal if I have all the stuff to do an illegal thing but have not done it yet?

 

Will they now consider an 80% lower a firearm? If so, there goes that loophole. If not, there is no "constructive intent"

since technically he did not have a lower. It's a slippery slope we are on with this one!

 

No, I am not defending the little bastard. I just see the PRNJ banning possession of 80% lowers soon!

I blew up the image and the lower has not been milled yet. The bits are unused.

Technically, he has all the parts except the lower. 80% lowers are legal to purchase in the PRNJ

because they are NOT a gun.

 

I have all the components in my house to build a .22 zip gun. Rubber bands, nails wood, old metal tubes etc.

Does this make me a criminal if I have all the stuff to do an illegal thing but have not done it yet?

 

Will they now consider an 80% lower a firearm? If so, there goes that loophole. If not, there is no "constructive intent"

since technically he did not have a lower. It's a slippery slope we are on with this one!

 

No, I am not defending the little bastard. I just see the PRNJ banning possession of 80% lowers soon!

I understand your point.

But remember they went after that actor/ felon for an airsoft. He pleaded to probation .

I blew up the image and the lower has not been milled yet. The bits are unused.

Technically, he has all the parts except the lower. 80% lowers are legal to purchase in the PRNJ

because they are NOT a gun.

 

I have all the components in my house to build a .22 zip gun. Rubber bands, nails wood, old metal tubes etc.

Does this make me a criminal if I have all the stuff to do an illegal thing but have not done it yet?

 

Will they now consider an 80% lower a firearm? If so, there goes that loophole. If not, there is no "constructive intent"

since technically he did not have a lower. It's a slippery slope we are on with this one!

 

No, I am not defending the little bastard. I just see the PRNJ banning possession of 80% lowers soon!

Apples and oranges. What you have to make a zip gun are common household items. Every one of us has the components to make a bomb in our homes. No one will be prosecuted for zip gun or bomb components.

 

This kid wasn't arrested for household items. He was arrested with gun parts. Add to that he's 16. He's not supposed to "own" his own gun at 16. Add to that his record for bringing a handgun to school. Oh yeah...and a bit of cocaine.

 

This is the first case of constructive possession I've seen however.

I'm curious how he got tipped.

Apples and oranges. What you have to make a zip gun are common household items. Every one of us has the components to make a bomb in our homes. No one will be prosecuted for zip gun or bomb components.

 

This kid wasn't arrested for household items. He was arrested with gun parts. Add to that he's 16. He's not supposed to "own" his own gun at 16. Add to that his record for bringing a handgun to school. Oh yeah...and a bit of cocaine.

 

This is the first case of constructive possession I've seen however.

 

It sounds like this kid is trouble and would be getting some attention even without the gun.

 

But...he hasn't been arrested with enough gun parts to make a gun.  Right now, an unfinished 80% lower isn't a gun part - it's just a chunk of metal.  If NJ prevails and gets a conviction, a legal precedent will be set.  Case law is law so possession of an unfinished 80% lower would be illegal in NJ.

 

How many NJ residents have purchased an 80% lower via mail or with a credit card and left a paper trail? 

Or would this be the time to purchase them before they become illegal? Would NJ really make a piece of metal illegal?

It sounds like this kid is trouble and would be getting some attention even without the gun.

 

But...he hasn't been arrested with enough gun parts to make a gun.  Right now, an unfinished 80% lower isn't a gun part - it's just a chunk of metal.  If NJ prevails and gets a conviction, a legal precedent will be set.  Case law is law so possession of an unfinished 80% lower would be illegal in NJ.

 

How many NJ residents have purchased an 80% lower via mail or with a credit card and left a paper trail?

 

A 80% lower and the jig to transform it into a working lower.

Or would this be the time to purchase them before they become illegal? Would NJ really make a piece of metal illegal?

They ban a piece of metal combined with a rubber band.

A 80% lower and the jig to transform it into a working lower.

It's an interesting question, the part needed to finish the gun, or the one specific part that actually makes it a gun is 80% complete, and federal law states that it's not considered a firearm.

 

 

Im not sure the language in NJ constructive intent laws would cover finish the parts so they function. It seems the construction law is specifically about assembly of parts only.

I blew up the image and the lower has not been milled yet. The bits are unused.

Technically, he has all the parts except the lower. 80% lowers are legal to purchase in the PRNJ

because they are NOT a gun.

 

I have all the components in my house to build a .22 zip gun. Rubber bands, nails wood, old metal tubes etc.

Does this make me a criminal if I have all the stuff to do an illegal thing but have not done it yet?

 

Will they now consider an 80% lower a firearm? If so, there goes that loophole. If not, there is no "constructive intent"

since technically he did not have a lower. It's a slippery slope we are on with this one!

 

No, I am not defending the little bastard. I just see the PRNJ banning possession of 80% lowers soon!

There is already a defacto ban on them, you can't finish it in NJ, so you run huge risk almost worth not taking by doing it out of state and returning with it. Even when it's 100% legal.

It's an interesting question, the part needed to finish the gun, or the one specific part that actually makes it a gun is 80% complete, and federal law states that it's not considered a firearm.

Im not sure the language in NJ constructive intent laws would cover finish the parts so they function. It seems the construction law is specifically about assembly of parts only.

Not constructive intent. Conspiracy. I'm not familiar with NJ conspiracy law. Under Federal law you need at least two people to form a conspiracy. There has to be an overt act. The acts do not have to be illegal. Commission of the overt act completes the conspiracy.

 

You only have to have one actor for a drug conspiracy. If you decide to cook meth and go out and buy the lab equipment the conspiracy is complete. Hard to get a conviction on that one.

 

If you buy the lab equipment and have all the precursor chemicals you will get convicted. Even though you haven't cooked any meth.

 

Kind of the same thing here.

But unlike meth, there are no laws I am aware of against owning the components, only against completing a lower which apparently didn't happen. Just because you have everything under your kitchen sink to manufacture a bomb from normal household items does not mean you are committing a crime. In this case, in my opinion, he would have to complete or attempt to complete the task to have committed that crime. If what you were saying was true, then everyone with a block of aluminum and a milling machine could be convicted.

But unlike meth, there are no laws I am aware of against owning the components, only against completing a lower which apparently didn't happen. Just because you have everything under your kitchen sink to manufacture a bomb from normal household items does not mean you are committing a crime. In this case, in my opinion, he would have to complete or attempt to complete the task to have committed that crime. If what you were saying was true, then everyone with a block of aluminum and a milling machine could be convicted.

He's 16 years old. He's not supposed to own a gun.