A forum member posted an ad in the marketplace selling a double barrel muzzle loading pistol a few days back. The gun reminded me of a few cap guns that my father bought for my brother and I in the gift shop at the end of the pirate ride at Disney World back in the 70's. If you're old like me you may remember them

They were muskets much like the toy ones that they sell now except that you would seat a small cork ball with a ramrod and then place a paper cap in the the pan. The force from the cap exploding would actually fire the ball with from what I remember a decent velocity. 

My brother and I used to build forts is the family room and have epic battles against imaginary enemies and sometimes each other. What a cool toy!

So the question is, being that it actually fired a "projectile" and used a "gunpowder charge" would these toys be considered to be a firearm under NJ law? 

my grandpop bought me one when i was a kid

3 hours ago, 1LtCAP said:

my grandpop bought me one when i was a kid

So what do you think, firearm?

nah. was a plain old cap gun. didn't do anything other than go pop

3 hours ago, 1LtCAP said:

nah. was a plain old cap gun. didn't do anything other than go pop

Mine fired a cork ball

I believe under NJ law it would be a firearm as it fires a projectile propelled by expanding gases.

A potato gun is a firearm under NJ law.

13:54-1.2 Definitions

 "Firearm or firearms" means any handgun, rifle, shotgun, machine gun, assault firearm, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectile,ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances.  It shall also include, without limitation, any firearm  which  is  in  the  nature  of  an  air  gun,  spring  gun  or  pistol  or  other  weapon  of  a  similar  nature  in  which  the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas, or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

7 hours ago, GRIZ said:

I believe under NJ law it would be a firearm as it fires a projectile propelled by expanding gases.

A potato gun is a firearm under NJ law.

I thought potato guns were considered destructive devices 

12 minutes ago, USRifle30Cal said:

I thought potato guns were considered destructive devices 

I'm no expert on spud guns but last I knew ATF did not consider them destructive devices unless they were being used as a weapon.  Used receationally ATF had no problem with them.  I believe ATF also considered them DDs if they shot an incendiary projectile. 

I knew some guys in Pennsylvania who used to get together with some pretty elaborate spud guns.  Some of these packed a bit of punch and could inflict injury if used as a weapon.

State laws vary a great deal on these.