Alleged Assault Rifle

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First of all, I apoligize if there is a similiar thread somewhere on these boards. I'm to upset and disgusted to comb through all the posts.

I'm active duty Army...have been for the last 21 years. I got engaged last week and due to her current situation, I'm pretty much forced to retire here in February.

She's been all over me to get my weapons registered so I figured I'd better get the ball rolling.....and ohhh imagine my surprise.

First I find out about the 10 round capacity law. No big deal...I'll just get a new mag for my XD and all will be well.

But then I find out that my Daewoo DR200 is totally illlegal and will never be legal no matter what configuration it's in. So after this bomb got dropped on me I started getting conflicting information from friends. First I was told that it was illegal, this actually came from a cop. Then I was told by a friend/collector that as long as it does not have a flash suppressor or a bayonet lug...the rifle itself is fine. The only issue would be with the magazines. He told me I would have to find a 10 round magazine for it.

So what's the real deal??

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Other than the fact that the law restricts capacity to 15 round rather than 10, you are completely SOL. Here is the applicable law:

N.J. Stat. § 2C:39-1: Definitions[/b]



The following definitions apply to this chapter and to chapter 58:



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[/b]

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-1 4/5F and Mini-1 4/5RF

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[/b].



(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.[/b]



(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.



And the statute effectively banning[/b] these is:

N.J. Stat. § 2C:35-5.6

c. "Criminal offense" means:

2) the unlawful possession or use of an assault firearm as defined in subsection w. of N.J.S. 2C:39-1.



As for pistols (or any gun really), the following definition applies:

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



And remember – if you get caught with a banned assault rifle, the state will try to take away ALL[/b] of your other guns. Here is the summary of a case:



Defendant had his AK47 assault rifle and other guns seized during a domestic violence incident was found to have forfeited his remaining guns and his firearms identification card under the New Jersey Prevention of Domestic Violence Act, N.J. Stat. Ann. § 2C:25-17 et seq., because the assault rifle and its accompanying magazines, which were forfeited under N.J. Stat. Ann. § 2C:64-1, were illegal to possess under N.J. Stat. Ann. § 2C:39-1 et seq., and because the defendant's knowing possession of the illegal assault weapon was enough under N.J. Stat. Ann. § 2C:25-21(d)(3) for the forfeiture of the defendant's remaining guns and his firearms identification card. State v. 6 Shot Colt[/i], 365 N.J. Super. 411 (Ch.Div. 2003).

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Well I guess that sums it up.

I guess it's time to evaluate this relationship because there's no way I'm giving up my rifle.



Thanks for the post.

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JOMC333 wrote:

Well I guess that sums it up.

I guess it's time to evaluate this relationship because there's no way I'm giving up my rifle.

 

Thanks for the post.

Click to expand...

I lived in NJ for 8 years and met my wife there. She is a Jerzey girl through and through. The happy ending to the story is, I was able to steal her away to the land up north where gun rights are respected far more than they are in the enigmatic garden state. Leaving NJ was very liberating. I highly suggest that you try it.

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I agree. You will save a lot of money and trouble in the long run moving out of the %^&* hole they call NJ.

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M1? Pistol grip shotgun? AR clone? Gah. Next they'd say handgun self defense loads are illegal ... Oh wait, they are.

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Pennsylvania isn't all that far from New Jersey.

Will the State of New Jersey demand state income tax on your pension? It's untaxable in Pennsylvania.

Like paying the highest automobile insurance in the country? It's cheaper in Pennsylvania.

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Move to Wa. There is pretty much nothing illegal here.I just bought some more 30 rnd mags for my Mini-14 .There is no registration for any firearm required in this state.The way it should be..

Gun Store down the street....



Where I went after stopping in my bank....

You can even buy a Barrett .50 Cal for about 6 grand ...

The point is I believe as a Vietnam vet as well..NO ONE has the right to tell us what we can own or not.Fortunately we have been able to stop proposed bans here before they really even got off the ground.This gov.has to be put in its place . I am also fed up with LEO's thinking they have some sort of authority over the rest of us.The right to bear arms is a human right that no one can grant or take away..

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RUN, do not walk, to the nearest state line! Get out of Jersey and don't look back! I hope your fiancee is worth your liberty and freedoms.

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While I agree with what others have said, don't be too hasty. Other than not registering anythingaside from voting.

- By the end of this month the US Supreme court will issue it's decision on how, not if, the 2A is to be incorporated under the 14th (McDonald v Chicago).

- The elections are November.

- If PA is absolutly not an option for your intended, you have time to re-evaluate the relationship. But I would be upfront about it.

- Alot can change in 7 months.

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Why not move to Arizona? Bring yer' guns. NO gun registration here n' OC is legal. 15/30 round magazines are legal.

Just about anything that goes BANG is legal in Arizona desert areas.

Tell Joisey authorities to Go Fook themselves.

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You are not required by law to register your firearms in the state of New Jersey. If you choose to, that's on you but your not required to.
Follow all state and Federal transport laws and make sure all your firearms are Jersey legal (aka Assault weapons ban) and bring them to your new home. It's really that easy!

All I can Say is "Damn!" you must really love this girl to move to a shit hole like New Jersey for her.