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NJ Hunter / New Jersey Politics & Guns / NJ Firearms ID Card / New NJ Gun Ban
Posted:  24 Apr 2006 10:10 AM
http://www.njleg.state.nj.us/2006/Bills/A2500/2185_I1.HTM

(I don't know if its been posted here before...)

Sponsored by:

Assemblyman REED GUSCIORA

District 15 (Mercer)

SYNOPSIS

     Revises criteria for determining whether a rifle is an assault firearm.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:



     1.  N.J.S.2C:39-1 is amended to read as follows:

     2C:39-1.  Definitions.  The following definitions apply to this chapter and to chapter 58:

     a.  "Antique firearm" means any rifle or shotgun and "antique cannon" means a destructive device defined in paragraph (3) of subsection c. of this section, if the rifle, shotgun or destructive device, as the case may be, is incapable of being fired or discharged, or which does not fire fixed ammunition, regardless of date of manufacture, or was manufactured before 1898 for which cartridge ammunition is not commercially available, and is possessed as a curiosity or ornament or for its historical significance or value.

     b.  "Deface" means to remove, deface, cover, alter or destroy the name of the maker, model designation, manufacturer's serial number or any other distinguishing identification mark or number on any firearm.

     c.  "Destructive device" means any device, instrument or object designed to explode or produce uncontrolled combustion, including (1) any explosive or incendiary bomb, mine or grenade; (2) any rocket having a propellant charge of more than four ounces or any missile having an explosive or incendiary charge of more than one-quarter of an ounce; (3) any weapon capable of firing a projectile of a caliber greater than 60 caliber, except a shotgun or shotgun ammunition generally recognized as suitable for sporting purposes; (4) any Molotov cocktail or other device consisting of a breakable container containing flammable liquid and having a wick or similar device capable of being ignited.  The term does not include any device manufactured for the purpose of illumination, distress signaling, line-throwing, safety or similar purposes.

     d.  "Dispose of" means to give, give away, lease, loan, keep for sale, offer, offer for sale, sell, transfer, or otherwise transfer possession.

     e.  "Explosive" means any chemical compound or mixture that is commonly used or is possessed for the purpose of producing an explosion and which contains any oxidizing and combustible materials or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on
contiguous objects.  The term shall not include small arms ammunition, or explosives in the form prescribed by the official United States Pharmacopoeia.

     f.  "Firearm" means any handgun, rifle, shotgun, machine gun, 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 projectable 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.

     g.  "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearm.

     h.  "Gravity knife" means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force.

     i.  "Machine gun" means any firearm, mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt or other means of storing and carrying ammunition which can be loaded into the firearm, mechanism or instrument and fired therefrom.

     j.  "Manufacturer" means any person who receives or obtains raw materials or parts and processes them into firearms or finished parts of firearms, except a person who exclusively processes grips, stocks and other nonmetal parts of firearms.  The term does not include a person who repairs existing firearms or receives new and used raw materials or parts solely for the repair of existing firearms.

     k.  "Handgun" means any pistol, revolver or other firearm originally designed or manufactured to be fired by the use of a single hand.

     l.  "Retail dealer" means any person including a gunsmith, except a manufacturer or a wholesale dealer, who sells, transfers or assigns for a fee or profit any firearm or parts of firearms or ammunition which he has purchased or obtained with the intention, or for the purpose, of reselling or reassigning to persons who are reasonably understood to be the ultimate consumers, and includes any person who is engaged in the business of repairing firearms or who sells any firearm to satisfy a debt secured by the pledge of a firearm.

     m.  "Rifle" means any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed metallic cartridge to fire a single projectile through a rifled bore for each single pull of the trigger.

     n.  "Shotgun" means any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shots or a single projectile for each pull of the trigger, or any firearm designed to be fired from the shoulder which does not fire fixed ammunition.

     o.  "Sawed-off shotgun" means any shotgun having a barrel or barrels of less than 18 inches in length measured from the breech to the muzzle, or a rifle having a barrel or barrels of less than 16 inches in length measured from the breech to the muzzle, or any firearm made from a rifle or a shotgun, whether by alteration, or otherwise, if such firearm as modified has an overall length of less than 26 inches.

     p.  "Switchblade knife" means any knife or similar device which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife.

     q.  "Superintendent" means the Superintendent of the State Police.

     r.  "Weapon" means anything readily capable of lethal use or of inflicting serious bodily injury.  The term includes, but is not limited to, all (1) firearms, even though not loaded or lacking a clip or other component to render them immediately operable; (2) components which can be readily assembled into a weapon; (3) gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades imbedded in wood; and (4) stun guns; and any weapon or other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air.

     s.  "Wholesale dealer" means any person, except a manufacturer, who sells, transfers, or assigns firearms, or parts of firearms, to persons who are reasonably understood not to be the ultimate consumers, and includes persons who receive finished parts of firearms and assemble them into completed or partially completed firearms, in furtherance of such purpose, except that it shall not include those persons dealing exclusively in grips, stocks and other nonmetal parts of firearms.

     t.  "Stun gun" means any weapon or other device which emits an electrical charge or current intended to temporarily or permanently disable a person.

     u.  "Ballistic knife" means any weapon or other device capable of lethal use and which can propel a knife blade.

     v.  "Imitation firearm" means an object or device reasonably capable of being mistaken for a firearm.

     w.  "Assault firearm" means:

     (1)  The following firearms:

     Algimec AGM1 type

     Any shotgun with a revolving cylinder such as the "Street Sweeper" or "Striker 12"

     Armalite AR-180 type

     Australian Automatic Arms SAR

     Avtomat Kalashnikov type semi-automatic firearms

     Beretta AR-70 and BM59 semi-automatic firearms

     Bushmaster Assault Rifle

     Calico M-900 Assault carbine and M-900

     CETME G3

     Chartered Industries of Singapore SR-88 type

     Colt AR-15 and CAR-15 series

     Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types

     Demro TAC-1 carbine type

     Encom MP-9 and MP-45 carbine types

     FAMAS MAS223 types

     FN-FAL, FN-LAR, or FN-FNC type semi-automatic firearms

     Franchi SPAS 12 and LAW 12 shotguns

     G3SA type

     Galil type Heckler and Koch HK91, HK93, HK94, MP5, PSG-1

     Intratec TEC 9 and 22 semi-automatic firearms

     M1 carbine type

     M14S type

     MAC 10, MAC 11, MAC 11-9mm carbine type firearms

     PJK M-68 carbine type

     Plainfield Machine Company Carbine

     Ruger K-Mini-14/5F and Mini-14/5RF

     SIG AMT, SIG 550SP, SIG 551SP, SIG PE-57 types

     SKS with detachable magazine type

     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 above.

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

     (4)  A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds.

     (5)  A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.

     (6)  A semi-automatic rifle that has the capability of accepting a detachable magazine and has at least one of the following configurations:

     (a)  A folding or telescoping stock;

     (b)  A pistol grip that protrudes conspicuously beneath the action of the weapon;

     (c)  A bayonet mount;

     (d)  A flash suppressor or threaded barrel designed to accommodate a flash suppressor; or

     (e)  A grenade launcher.

     x.  "Semi-automatic" means a firearm which fires a single projectile for each single pull of the trigger and is self-reloading or automatically chambers a round, cartridge, or bullet.

     y.  "Large capacity ammunition magazine" means a box, drum, tube or other container which is capable of holding more than 15 rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic firearm.

     z.  "Pistol grip" means a well-defined handle, similar to that found on a handgun, that protrudes conspicuously beneath the action of the weapon, and which permits the shotgun to be held and fired with one hand.

     aa.  "Antique handgun" means a handgun manufactured before 1898, or a replica thereof, which is recognized as being historical in nature or of historical significance and either (1) utilizes a match, friction, flint, or percussion ignition, or which utilizes a pin-fire cartridge in which the pin is part of the cartridge or (2) does not fire fixed ammunition or for which cartridge ammunition is not commercially available.

     bb.  "Trigger lock" means a commercially available device approved by the Superintendent of State Police which is operated with a key or combination lock that prevents a firearm from being discharged while the device is attached to the firearm.  It may include, but need not be limited to, devices that obstruct the barrel or cylinder of the firearm, as well as devices that immobilize the trigger.

     cc.  "Trigger locking device" means a device that, if installed on a firearm and secured by means of a key or mechanically, electronically or electromechanically operated combination lock, prevents the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically, electronically or electromechanically operated combination lock.

     dd. "Personalized handgun" means a handgun which incorporates within its design, and as part of its original manufacture, technology which automatically limits its operational use and which cannot be readily deactivated, so that it may only be fired by an authorized or recognized user.  The technology limiting the handgun's operational use may include, but not be limited to:  radio frequency tagging, touch memory, remote control, fingerprint, magnetic encoding and other automatic user identification systems utilizing biometric, mechanical or electronic systems.  No make or model of a handgun shall be deemed to be a "personalized handgun" unless the Attorney General has determined, through testing or other reasonable means, that the handgun meets any reliability standards that the manufacturer may require for its commercially available handguns that are not personalized or, if the manufacturer has no such reliability standards, the handgun meets the reliability standards generally used in the industry for commercially available handguns.

(cf:  P.L.2002, c.130, s.5)



     2.  This act shall take effect on the first day of the third month following enactment.





STATEMENT



     This bill revises the criteria for determining whether or not a rifle is considered an assault firearm.

     Currently, a rifle is considered to be an assault firearm if it is a semi-automatic rifle that has the capability of accepting a detachable magazine and has at least two of the following configurations:  (1) a folding or telescoping stock; (2) a pistol grip that protrudes conspicuously beneath the action of the rifle; (3) a bayonet mount; (4) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and (5) a grenade launcher.

     Under this bill, a rifle would be deemed to be an assault firearm if it is a semi-automatic that accepts a detachable magazine and has one, not two, of those qualifying configurations
__________________
"...but to protest against all hunting of game is a sign of softness of head, not soundness of heart."
TR
A1202 is Bad! Shame on you Anthony Chiappone!
Posted:  24 Apr 2006 10:13 AM
How many crimes in NJ were committed with "assault rifles" ?



0
__________________
"...but to protest against all hunting of game is a sign of softness of head, not soundness of heart."
TR
A1202 is Bad! Shame on you Anthony Chiappone!
Posted:  24 Apr 2006 10:15 AM
LOL... "assault rifles"... just like "cop killer bullets".... LOL
__________________
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Posted:  24 Apr 2006 10:21 AM
Under this bill, a rifle would be deemed to be an assault firearm if it is a semi-automatic that accepts a detachable magazine and has one, not two, of those qualifying configurations

Fire our legislators now.
__________________
"...but to protest against all hunting of game is a sign of softness of head, not soundness of heart."
TR
A1202 is Bad! Shame on you Anthony Chiappone!
Posted:  24 Apr 2006 10:34 AM
Quote:
"Superintendent" means the Superintendent of the State Police.


really?
__________________
´¯`·.¸¸.·´¯`·.¸¸.·´¯`·.¸ ><((((((º>
Posted:  24 Apr 2006 10:36 AM   Last Edited By: bloodtrails
Great.  With the widespread bayonettings we have here in the Garden State it's just common logic that we ban guns with them....
__________________
"To be unarmed and therefore helpless in the face of evil is irresponsible and in fact complicit to said evil. If you knowingly and intentionally go forward incapable of stopping evil, you assist in its progress.  Only a person free to choose to protect himself is truly respecting God's gift of life."  Ted Nugent
Posted:  24 Apr 2006 2:10 PM
"What is old is is new again"

Here we go again!

I have been warning you guys.
__________________
"Well, if it isn't Mister Chain Blue Lightning himself"

Proud Member of NRA, ANJRPC, B.A.S.S., Muskie Inc.
Posted:  24 Apr 2006 2:42 PM
Who is this bill supposed to help? 

When will these jackasses realize that criminals will get whatever firearm they like regardless of what firearm law is in place.  And, at the same time, taking firearms away from law-abiding citizens to protect themselves. 

Why don't they do something to really make a difference, something that effects every NJ citizen, and figure out why I paid $102.00 to fill-up my truck this morning.
__________________
Cub Scout 1973
"The people will suffer what is sufferable rather than to assume the burden of righting what is wrong."
Posted:  24 Apr 2006 2:56 PM
Quote:
Who is this bill supposed to help?
Democrats.....To get re-elected.
__________________
Tired of working and having too much money?.....  Vote Democratic, support USA's largest urban charitable organization.
Posted:  24 Apr 2006 3:01 PM   Last Edited By: nightstalker911
For all of you who ever voted (D)


__________________
President-UXBNJ
http://www.uxbnj.com/

--}  --->

In the end, it's the "HUNTER" that gets the deer not the BOW !
The bowman, to be successful as a hunter, must learn to perfection the habits of his game.
NO MATTER WHAT TYPE OF BOW HE USES !
Posted:  24 Apr 2006 3:35 PM
well this is good  cause most known criminals buy theyr assault guns legaly and register them    NOT....A-Hole politicians....
__________________
Git-R-Done

FREE RUGGIE
[spy]
Posted:  24 Apr 2006 3:40 PM
I hear you Stronski,$98.00 FOR me
Posted:  24 Apr 2006 3:46 PM
Quote:
Great.  With the widespread bayonettings we have here in the Garden State it's just common logic that we ban guns with them....

maybe they saw the rules for the online indoor archery league, "in case of a tie it will be decided by knife fight"
__________________
I don't hunt over bait, I am just premarinating them!
Posted:  24 Apr 2006 4:41 PM
Quote:
(c)  A bayonet mount;


Remember this when they restrict your ammo and you have none.
THEN, you'll regret not having that bayonet
__________________
President-UXBNJ
http://www.uxbnj.com/

--}  --->

In the end, it's the "HUNTER" that gets the deer not the BOW !
The bowman, to be successful as a hunter, must learn to perfection the habits of his game.
NO MATTER WHAT TYPE OF BOW HE USES !
Posted:  24 Apr 2006 4:45 PM   Last Edited By: Dragthor
Quote:
figure out why I paid $102.00 to fill-up my truck this morning.


Its because the freaking feds and the state are gouging us.  Seriously...does anyone know the answer to this:

Let's say its $3 per gallon.  What percentage is tax? Over 50% right?
__________________
http://www.nra.org
http://www.kriskrause.com
http://twitter.com/dragthor
http://twitter.com/newjerseyhunter

The List - http://www.militarycity.com/valor/honor.html

The Lies of Tet - http://online.wsj.com/article/SB120226056767646059.html
Posted:  25 Apr 2006 4:16 PM
Quote:
For all of you who ever voted (D)

Or 3rd party.
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Posted:  28 Apr 2006 1:31 PM
I'm sooo done with this state. As soon as my fiancee gets her degree we are out of here. A garbage state run by garbage politicians. Welcome to NJ, don't mind the smell!