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Thread: flew into newark with air gun

  1. #1
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    so i felw into newark from alaska. i had an airsoft gun (toy gun) in my checked luggage. Am I able to check it in my suitcase and take it back to AK?

    What are the laws about airsoft guns in NJ?

    Note: It has an orange tip, it is full auto, half plastic and metal, looks exactly like an M4, can in no way be altered to shoot real amunition,

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    State Researcher lockman's Avatar
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    And you ask now?

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    Hey, I would be careful. That gun is legally no different than a real handgun in NJ. You can go to jail for it's possession. Will a cop actually arrest you? Probably not, but he legally could, and I believe its mandatory jail time now. Sound crazy?

    http://www.mycentraljersey.com/apps/...NEWS/807050359
    http://www.mycentraljersey.com/artic...NEWS/812280307

    It's true, and here is the definition of a firearm, an airsoft gun is legally a firearm in NJ.

    http://www.state.nj.us/njsp/info/pdf...itle13ch54.pdf

    I would just ditch the gun, its not worth the legal trouble.

    I hate NJ, it's like one giant landfill with high taxes.

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    State Researcher Kevin Jensen's Avatar
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    Mail it home. Much cheaper than having to explainyourself in Joisey!
    "An armed society is a polite society. Manners are good when one may have to back up his acts with his life." Robert A. Heinlein

  5. #5
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    scarletwahoo wrote:
    Hey, I would be careful. That gun is legally no different than a real handgun in NJ. You can go to jail for it's possession.
    Really? Can you givecite on that? I'm not aware of any law in NJ precluding visitors from possessing handguns.

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    Mike wrote:
    scarletwahoo wrote:
    Hey, I would be careful. That gun is legally no different than a real handgun in NJ. You can go to jail for it's possession.
    Really? Can you givecite on that? I'm not aware of any law in NJ precluding visitors from possessing handguns.
    Well after reading the full text of the laws, it seems most of the stuff I have been reading on-line is pro-gun propaganda, but there is truth to what they say. The mandatory sentencing seems to be for 'second degree' crimes and applicable if the firearm is possessed with a purpose to use it unlawfully.

    NJ statute: 2C:39-4.1 covers that

    But it also states just possession is a crime, but of the third degree for air guns. This is copy and paste of 2C:39-5b

    "Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the third degree if the handgun 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. Otherwise it is a crime of the second degree."

    Statute 2C:39-9d states transporting a firearm is illegal.

    "
    Weapons. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon, including gravity knives, switchblade knives, ballistic knives, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings, or, except as otherwise provided in subsection i. of this section, in the case of firearms if he is not licensed or registered to do so as provided in chapter 58, is guilty of a crime of the fourth degree. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon or other device which projects, releases or emits tear gas or other substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air, which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel or the device is for the purpose of personal self-defense, is pocket-sized and contains not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, or other than to be used by any person permitted to possess such weapon or device under the provisions of subsection d. of N.J.S.2C:39-5, which is intended for use by financial and other business institutions as part of an integrated security system, placed at fixed locations, for the protection of money and property, by the duly authorized personnel of those institutions, is guilty of a crime of the fourth degree."

    Section 2C:39-2b mentions the conditions for having a permit:

    "b. Licenses and permits. When the legality of a person's conduct under this chapter depends on his possession of a license or permit or on his having registered with or given notice to a particular person or agency, it shall be presumed that he does not possess such a license or permit or has not registered or given the required notice, until he establishes the contrary."

    You can read the laws here,
    http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=30268944&Depth=4&TD= WRAP&advquery=2C%3a39-1%20%20Definitions&headingswithhits=on&inf obase=statutes.nfo&rank=&record={1789}&amp ;softpage=Doc_Frame_Pg42&wordsaroundhits=2&amp ;x=46&y=8&zz=

    I apologize for the tone of my previous post, I spent a lot of time in NJ and get very agitated when I think of the state. When my apt was robbed at gun-point it seems the cops only took down the info and that was it, never heard any updates. But God-forbid if I was allowed to have a gun to protect myself.

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