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Shotgun Capacity!?

Featured Replies

Good Question....

 

I may be totally wrong, so DONT go by what I say.

 

I THINK, If you are hunting you are only allowed to have 3 shells, hence a plug.

 

Any other time, HD or whatever you can load it to the hills...(15 Rd drum if you like) as long as its a pump model like you stated.

 

Like I said, I have no basis for stating these numbers, this is whats in my head for some unknown reason. I may be way off base.

I THINK, If you are hunting you are only allowed to have 3 shells, hence a plug.

 

Correct.

I believe, with a pump action you can also have a pistol grip.

With a pump action, not hunting, anything goes as long as it is the minimum ATF barrel length.

 

Semi-auto, you can *NOT* have a pistol grip, you can *NOT* have a folding stock, and you can *NOT* have magazine capacity in excess of 6 rounds.

Slight clarification... on a semi auto you can have capacity gt 6rds in a fixed mag tube if you do not have collapsible stock or a pistol grip. You can have a pistol grip if it is not cap gt 6rds or collapsible or detach mag capable.

 

I went through a mild (to say the least) panic attack after I ordered a Moss 930 SPX and incorectly assumed that the 7rd cap made it NJ no-no. But since this model is the full stock verison, it is good to go cleared by my FFL dealer.

 

Here is the statute....N.J.A.C. Title 13 Chapter 54 Section 1.2

"A semi automatic fireamr should be considered to be "subtantially identical," that is, identical in all material respects, to a named assualt weapon if it meets the below listed criteria:

iii.A semi0automatic shotgun that has at least two of the following:

1) A folding or telescoping stock;

2) A pistol grip that protrudes conspicuosly beneath the action of the weapon;

3) A fixed magazine capacity in excess of six rounds; and/or

4) An ability to accept a detachable magazine

It's very confusing because that you have cited continues on to say

 

"3. A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a folding stock

or a pistol grip;"

 

That being a continuation of "Definitions" of "Assault firearms".

 

http://www.state.nj.us/njsp/info/pdf/firearms/062408_title13ch54.pdf

 

 

After reading that I gave up on the idea of having a Benelli M4 in NJ. :cry: But, if less than 6 rounds in the mag with a pistol grip is legal. Maybe it's back on!

It's very confusing because that you have cited continues on to say

 

"3. A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a folding stock

or a pistol grip;"

 

That being a continuation of "Definitions" of "Assault firearms".

 

http://www.state.nj.us/njsp/info/pdf/firearms/062408_title13ch54.pdf

 

Ding Ding Ding - Winner!.

 

Axeman, the section that UHF quotes above (which comes immediately *after* the section you quoted) affirms what I wrote in my earlier post.

 

Semi-auto shotguns can not have mags that hold more than 6 rounds AND can not have a folding stock AND can not have a pistol grip. Any single one of those characteristics make it an assault weapon under the section UHF quotes above.

Well... then I am in trouble.

 

Get a shorter mag tube post haste and get that 7 round one out of the state.

 

I doubt you're going to get any flak at a range since it's a subtle feature, unlike a pistol grip or folding stock, but better safe than sorry.

THIS:

 

"Semi-auto shotguns can not have mags that hold more than 6 rounds AND can not have a folding stock AND can not have a pistol grip. Any single one of those characteristics make it an assault weapon under the section UHF quotes above."

Does this mean that a semi-auto shotgun which has a fixed mag that holds 5 rounds or less and a pistol grip is legal??? Maybe a FFL holder can chime in a clear this up.

 

 

THIS:

 

"Semi-auto shotguns can not have mags that hold more than 6 rounds AND can not have a folding stock AND can not have a pistol grip. Any single one of those characteristics make it an assault weapon under the section UHF quotes above."

NO. It can have neither.

Does this mean that a semi-auto shotgun which has a fixed mag that holds 5 rounds or less and a pistol grip is legal??? Maybe a FFL holder can chime in a clear this up.

 

 

THIS:

 

"Semi-auto shotguns can not have mags that hold more than 6 rounds AND can not have a folding stock AND can not have a pistol grip. Any single one of those characteristics make it an assault weapon under the section UHF quotes above."

  • 5 months later...

I find this Shotgun Capacity discussion very interesting, just one problem, Dicks Sporting Goods continues to sell the SPX with the support of the NJ State Police, they constantly have them in stock and I specifically asked the question if it was legal to have this gun in NJ, the Manager of the Dicks said that they were audited by the State Police 2 weeks before and this gun is allowed.

You're talking about the Mossberg 930 SPX, yes? What configuration does Dick's sell it in?

 

If it's a 6 shot or less capacity with no pistol grip, then it falls within the "legal" definition we've been discussing above.

According to Burger Dick's is selling a 7+1 capacity Mossberg SPX. Anyone actually seen one of these for sale at a Dicks? If so, which one(s)?

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