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  1. #1
    Monster Buck blackeyes's Avatar
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    i do not have any of these guns, but a friend of mine is thinking of getting one.

    can someone explain to the specifications that make the AR-15 NJ legal.

  2. #2
    Dominant Buck
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    can someone explain to the specifications that make the AR-15 NJ legal.
    The Colt AR-15 is a banned weapon, by name, under the (poorly written) NJ Assault Firearms law 2C:39-1w(1)




    Here's a complete list of the other weapons banned by name:

    (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.



    Additionally, these restrictions are used to determine the legality of the weapon(s) not specifically mentioned by name above:

    (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.




    If you find this all a bit confusing (which it is), the NJ State Attorney General issued a directive in August 1996 to clarify the "Substantially Identical" Provision in the State's Assault Firearms Laws. Here's the text of that doccument:

    TO: Director Terrence P. Farley, Division of Criminal Justice
    All County Prosecutors
    All Law Enforcement Chief Executives
    FROM: Attorney General Peter Verniero

    DATE: August 19, 1996

    SUBJECT: Guidelines Regarding the "Substantially Identical" Provision in the State's Assault Firearms Laws


    I. Introduction

    In recent weeks there has been a question about the meaning of the term "substantially identical" in New Jersey's assault firearms law. The Legislature addressed this question in the provisions of the Code of Criminal Justice, and despite the clarity of the law, it is appropriate for the Attorney General to provide guidance to the prosecutors in order to ensure that the law is administered uniformly and effectively throughout the State. N.J.S.A. 52:17B-98. I am directing the prosecutors, as chief law enforcement officers of their respective counties, to share this guidance with local police departments, who in turn should provide copies of this memorandum to any member of the public who requests information on assault firearms.

    II. Guidelines

    New Jersey law lists firearms that are prohibited "assault firearms." N.J.S.A. 2C:39-1w.(1). In addition, the law provides that the term "assault firearm" includes, "Any firearm manufactured under any designation which is substantially identical to any of the firearms listed" in the law. N.J.S.A. 2C:39-1w.(2). Thus, a firearm is an assault firearm if it is included on the list of banned firearms or if it is manufactured under a different designation than a firearm on the list but is "substantially identical" to a specific listed firearm.

    We believe "substantially identical" is clear by its plain meaning. The Criminal Code provides that the statutes in the Code must be read "according to the fair import of their terms." N.J.S.A. 2C:1-2c. The Criminal Code explains that where language may be susceptible to different readings it must be construed to "give fair warning of the nature of the conduct proscribed." N.J.S.A. 2C:1-2a.(4), c. Simply put, the phrase "substantially identical" must be given its plain meaning, one that gives fair warning.

    The term "substantial" means pertaining to the substance, matter, material or essence of a thing. The term "identical" means exactly the same. Hence, a firearm is substantially identical to another only if it is identical in all material, essential respects. A firearm is not substantially identical to a listed assault firearm unless it is identical except for differences which do not alter the essential nature of the firearm.

    The following are examples of manufacturer changes that do not alter the essential nature of the firearm: name or designation of the firearm; the color of the firearm; the material used to make the barrel or stock of the firearm; the material used to make a pistol grip; a modification of a pistol grip. This is not an exclusive list.

    A semi-automatic firearm should be considered to be "substantially identical," that is, identical in all material respects, to a named assault weapon if it meets the below listed criteria:


    A. semi-automatic rifle that has the ability to accept a detachable magazine and has at least 2 of the following:

    a folding or telescoping stock;
    a pistol grip that protrudes conspicuously beneath the action of the weapon;
    a bayonet mount;
    a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
    a grenade launcher;

    B. a semi-automatic pistol that has an ability to accept a detachable magazine and has at least 2 of the following:

    an ammunition magazine that attaches to the pistol outside of the pistol grip;
    a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
    a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
    manufactured weight of 50 ounces or more when the pistol is unloaded; and
    a semi-automatic version of an automatic firearm; and,
    C. a semi-automatic shotgun that has at least 2 of the following:


    a folding or telescoping stock;
    a pistol grip that protrudes conspicuously beneath the action of the weapon;
    a fixed magazine capacity in excess of 5 rounds; and
    an ability to accept a detachable magazine.


    http://www.state.nj.us/lps/dcj/agguide/assltf.htm
    "Never shoot a large caliber man with a small caliber bullet."

  3. #3
    Banned BONE YARD's Avatar
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    No folding stock
    No flash suppressor or bayonet lug
    16 inch barrel
    15 round mag or less
    semi auto
    no fun

  4. #4
    Dominant Buck
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    The Colt AR-15 is a banned weapon, by name, under the (poorly written) NJ Assault Firearms law 2C:39-1w(1)
    However, it the same gun says "Match target" or anything but AR15 it is legal. Just logistics. Cant have collapsible stock, bayonnet lug, flash surpressor and your good to go. This state is rediculous.
    The whole flock is safer when the wolves can't tell the difference between the lions and the lambs.



    "Any man who thinks he can be happy and prosperous by letting the Government take care of him, better take a closer look at the American Indian!" - Henry Ford

  5. #5
    Dominant Buck
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    it does not matter what brand just buy one that is
    "post ban" setup. Buy it from any NJ dealer and it will be a "post ban" model. A little advice, go for the target crown barrel over the muzzle break models.
    More accurate easier to clean.
    "to all those in harms way, SEMPER FI"

  6. #6
    Typical quikshot's Avatar
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    M&P 15


  7. #7
    Rack Buck rickryder's Avatar
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    Here's the info from the State Police's page:

    http://www.state.nj.us/njsp/info/pdf...tle13-ch54.pdf

    .....and here's the list of features that help define an "assault weapon":

    http://www.state.nj.us/lps/dcj/agguide/assltf.htm

  8. #8
    Dominant Buck
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    don't confuse yourself with b.s. just by it from a nj dealer and it will be a post ban model.
    "to all those in harms way, SEMPER FI"

  9. #9
    Monster Buck
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    M&P 15
    nice rifle...too bad tha short mag makes it look soooo wussy. a 30 rounder would absolutlety make it way tougher looking.

  10. #10
    Typical quikshot's Avatar
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    Quote:
    M&P 15

    nice rifle...too bad tha short mag makes it look soooo wussy. a 30 rounder would absolutlety make it way tougher looking.
    i dont care so much about the small mag but it would be really nice if i didnt have to have my stock pinned. that is such a stupid law. 30 rounds just means i make more noise at once lol.

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