I have been wanting to purchase a lever action 22 rifle. My problem is I can't figure out if it is allowed in N.J. The magazine capacity law is unclear. On one hand the law states any assult weapon with a magazine capacity of more than 15 rounds is illegal. Ok, I understand that.

 

Most 22 lever action rifles are tubular feeds that can hold 15 rounds of 22 L/R , but then can also hold longs and shorts which ups the tubular capacity to either 20 or 25 rounds. It is clearly not a semi-auto and I don't see how it can be an assult rifle.

 

One FFl dealer says I would run into a problem because of the longs and shorts it could hold.

 

Does anyone know the law concerning this?

I think the law on tube fed only applies to semi auto. On a bolt or lever there is no restriction. Someone correct me if I am wrong.

 

My Marlin Mod 60 is 15 rds, but it is listed for 22lr only.

I just checked the law as well. It only applies to an auto-loader. Gave my Marlin 49 to my Uncle in Florida after the NJ Ban. Same rifle as the Model 60 only older. It held 18 rounds in the tube. If you buy it from a NJ dealer, your good to go.

The law applies to semi-auto with removable, box type magazines. Integral, non-removable magazines and lever actions (or bolt) don't apply.

 

K

The fixed or integral magazine or tube semi-auto is not NJ legal if over 15-rounds. See last item in red

 

Spectre Auto carbine type

Springfield Armory BM59 and SAR-48 type

Sterling MK-6, MK-7 and SAR types

Steyr A.U.G. semi-automatic firearms

USAS 12 semi-automatic type shotgun

Uzi type semi-automatic firearms

Valmet M62, M71S, M76, or M78 type semi-automatic firearms

Weaver Arm Nighthawk

2. Any firearm manufactured under any designation which is substantially identical to any of the firearms listed in

paragraph (1) above;

3. A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a folding stock or a pistol grip;

or a semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds.

So, the OP would therefore be legal because a lever action is not semi-auto.

So, the OP would therefore be legal because a lever action is not semi-auto.

 

Correct.

Ok then......I didn't think it was illegal but, wanted to get some opinions.

 

Thank you all for your help!

There was a case of a guy who was imprisoned because of possession of a rifle that could hold 17 rounds: State v. Pelleteri, 294 N.J. Super. 330 (1996).

 

You can read about it here:

 

http://lawlibrary.rutgers.edu/decisions ... 5.opn.html

 

The appellate court affirmed his conviction, even though he was unaware that his rifle could hold more than 15 rounds.

 

At the bottom of the court's opinion, the court said, "When dealing with guns, the citizen acts at his peril." In other words, you are guilty until proven innocent. I do not believe that the courts will differentiate between semi-auto and lever action rifles with regard to fixed magazine capacity.

 

My suggestion, have the tubular magazine modified by a gunsmith to a 15 round limit.

There was a case of a guy who was imprisoned because of possession of a rifle that could hold 17 rounds: State v. Pelleteri, 294 N.J. Super. 330 (1996).

 

You can read about it here:

 

http://lawlibrary.rutgers.edu/decisions ... 5.opn.html

......

My suggestion, have the tubular magazine modified by a gunsmith to a 15 round limit.

 

 

It says right in the case you cited that the gun was a semi-auto. Its been covered already that this applies to semi-auto weapons and not to bolt or level action.

Correct. This law applies to semi-auto only.

+1

 

"Correct. This law applies to semi-auto only."

It was my understanding that all 22 rim fire rifles were exempt.   See page 8 lines 29-45. 

ftp://www.njleg.state.nj.us/20162017/A3500/3327_I1.PDF

19 minutes ago, NJFORDGUY said:

It was my understanding that all 22 rim fire rifles were exempt.   See page 8 lines 29-45. 

ftp://www.njleg.state.nj.us/20162017/A3500/3327_I1.PDF

The only good change with the new Murphy anti-gun laws are that the Marlin 60 and other semi-auto, tube-fed rifles are no longer held to magazine restrictions. I purchased a 17-round tube Marlin 60 recently from a NJ FFL.

Lever/Bolt/Pump action guns were never part of the magazine restriction.