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NJ: Blocked 'High Capacity' Magazine Ban Update
Josey1
Member Posts: 9,598 ✭✭
Evan F. Nappen, Attorney at Law
A Professional Corporation
21 Throckmorton Avenue
Eatontown, NJ 07724
Phone: 732-389-8888 or Fax: 732-389-8744
gunesq@att.net
JUNE 28, 2002
BLOCKED LARGE CAPACITY MAGAZINE BAN UPDATE!
The BLOCKED LCM BAN has temporarily been put on hold!
Thanks to those who sent in comments and petitions!
The following is quoted from the New Jersey Register :
34 N.J. Reg. 2136(a)
NEW JERSEY REGISTER
VOLUME 34, NUMBER 12
MONDAY, JUNE 17, 2002
RULE ADOPTION
LAW AND PUBLIC SAFETY
DIVISION OF STATE POLICE
FIREARMS AND WEAPONS
LICENSING AND REGISTRATION OF DEALERS AND MANUFACTURERS; SALE, PURCHASE,
ACQUISITION AND TRANSFER OF FIREARMS BY DEALERS TO ELIGIBLE PERSONS;
INVESTIGATION OF APPLICATIONS AND QUALIFICATIONS FOR PERMITS TO CARRY HANDGUNS;
SECURITY SYSTEMS
Readoption: N.J.A.C. 13:54
Proposed: January 7, 2002 at 34 N.J.R. 211(a)
Adopted: May 17, 2002 by Joseph J. Santiago, Superintendent, Division of State Police, with the approval of David Samson, Attorney General of New Jersey and, as to N.J.A.C. 13:54-1.15, David Samson, Attorney General of New Jersey.
Filed: May 17, 2002 as R.2002 d.183, with proposed amendments not adopted but still pending.
Authority: N.J.S.A. 2C:39-1 et seq. and 2C:58-1 et seq.; as to N.J.A.C. 13:54-1.15, N.J.S.A. 47:1A-2 and Executive Order No. 9 (Gov. Richard J. Hughes, September 30, 1963).
Effective Date: May 17, 2002.
Expiration Date: May 17, 2007.
Summary of Public Comments and Agency Responses:
The Superintendent and the Attorney General received written comments from the
following individuals or representatives of organizations:
Richard H. Bagger, Senator; Thomas H. Kean, Jr., Assemblyman; and Eric Munoz,
M.D., Assemblyman, all on behalf of Larry Farrell
Senator John J. Mathewssen on behalf of Fred Kendall
Frank Natoli
Senator Joseph M. Kryillos, Jr., on behalf of Raymond Gong
John E. Rooney, Assemblyman, on behalf of George M. Jones, USPSA Area 8
Director
Richard Volpe, who attached a "Petition to stop the New Jersey State Police
from changing the rules governing possession of high capacity magazines"
bearing 180 signatures.
Christopher D. Storcella
Preston Lewis
Evan F. Nappen, Esq.
Gun Owners of America
Jim and Kathy Norman, who attached a "Petition to stop the New Jersey State
Police from changing the rules governing possession of high capacity
magazines," bearing 56 signatures.
Charles S. Lehnert
Robert Hess
Michael Chattin
Fred Hoover
Chet Roth
Gary Maiese
Philip Gibbs
Nicholas Testaccio
Ron Pearce
Al Varesio
Patrick Quinn
Len Kline
E-mail from "orangewash3@comcast.net," with the signature "Jeff"
Brad Stuart
Michael Zaleski
Thomas Warren, Parker
Michael Quirk
James Kaiser
William Oslowski
Ronald Costello
Felix Palma
Richard Zarpaylic
Joe Kasmedo
Rene J. Harp
David Catanoso
E-mail from "The Phantom" "coconutstand@hotmail.com"
Michael A. Maiullo
E-mail from "shootingstar223@webtv.net"
Chris Wyman
Earl W. Werline, III
Michael La Torre
Peter Romanik
Richard Patti
Gary Gibilisco
Jany Sabins
Erik Graber
Diana P. Gonzalez
Jay Measley
Terry M. Wintraub
Kenneth C. Kisby
Charles Thomas
E-mail from "srstadlerwolf@gci.net"
E-mail from "Public" "wms54@charter.net"
Andrew DiGesu
Mark Duffy
Ken biss
Paul Grazier
Brian Heffernan
John Mohr
Matthew S. Tamasco, Esq.
Donald Jacobs
COMMENT: All of the above commenters expressed opposition to the proposed
amendment which would clarify the definition of "large capacity ammunition
magazine" in N.J.A.C. 13:54-1.2. See 34 N.J.R. 217.
RESPONSE: The Superintendent and the Attorney General (with respect to
N.J.A.C. 13:54-1.15) have decided to readopt the existing rules. The
proposed amendments are still pending and comments on those amendments will be
addressed in a future notice.
Federal Standards Statement
A Federal standards analysis is not required because these rules are not
adopted under the authority of or in order to implement, comply with or
participate in any program established under Federal law or under State statute
that incorporates or refers to Federal law, Federal standards or Federal
requirements.
Full text of the readopted rules can be found in the New Jersey Administrative Code at N.J.A.C. 13:54.
34 N.J.R. 2136(a)
JUNE 25, 2002
WARNING: A631 Has Passed the New Jersey Assembly
This Bill BANS expungement (record clearing) for 14 different offenses including the disorderly persons and petty disorderly persons offenses of harassment, simple assault, lewdness, false imprisonment, criminal mischief and trespass which may qualify as domestic violence.
This means PERMANENT and FOREVER LOSS of GUN RIGHTS anywhere in the United States for those convicted in New Jersey of certain "misdemeanor" offenses under Federal Law due to the "Lautenberg Domestic Violence Misdemeanor Conviction Gun Ban." (U.S.Code Title 18 Section 921-922) (The Lautenberg Law retroactively affected an estimated 70,000 police who could only free themselves of this new disability by getting an expungement) Expungement is specifically recognized in the Federal law as an exception and a way to restore ones rights.
No exceptions are in A631 for any law-abiding citizens, including police, military, private security, sportsmen or target shooters to EVER get their record erased.
See link below to read A631
http://www.njleg.state.nj.us/2002/Bills/A1000/631_I1.HTM
JANUARY, 2002
WARNING! ATTENTION
ALL BLOCKED LARGE CAPACITY MAGAZINE OWNERS!
The State Police have proposed new Administrative Code Regulations which
will turn 1000's of unsuspecting law abiding BLOCKED LARGE CAPACITY MAGAZINE
OWNERS into instant CRIMINALS.
The new Regulations reverse the prior position of the State Police which
allowed the possession and sale of Temporarily Blocked LCM's.
1000's of Temporarily Blocked LCM's have been sold by licensed NJ dealers to
honest gun owners in reliance upon the prior written statements from the
State Police. Note: A violation of the LCM Ban is a Crime of the 4th Degree
(18 months Max. State Prison)
Here is a direct quote from the proposal:
N.J.A.C. 13:54-1.2 is amended to clarify that the definition of a large
capacity ammunition magazine does not include an ammunition magazine that
has been permanently altered so that it is not capable of holding more than 15
rounds of ammunition. The definition is further amended to include an
ammunition magazine which has been temporarily blocked from holding more
than 15 rounds, as by a piece of wood or a pin. The New Jersey Supreme Court has
determined that in N.J.S.A. 2C:39-1f, the term firearm was defined "not in
terms of operability, but in terms of what the weapon was designed to do."
See State v. Gantt, 101 N.J. 573, 583 (1986). A device no longer retains the
characteristics of a firearm when "it has undergone such substantial
alteration or mutilation that the instrument has completely and permanently lost the
characteristics of a real gun." Id. At 590 (emphasis added). Based on the
plain language of the statute and case law, the amendment modifies the definition
of a "large capacity ammunition magazine" by inserting the word "permanently"
in between "been" and "altered."
The State recognizes that some of its representatives may have provided
informal advice to the effect that an ammunition magazine may be temporarily
blocked to hold no more than 15 rounds; however, the Attorney General has
never expressly adopted this position. To the contrary, through the promulgation
of this regulation, the State expressly rejects that interpretation of the
statute. Any person who currently owns or possesses an ammunition magazine
which has been temporarily blocked from holding more than 15 rounds is
hereby advised that he or she may retain possession of that ammunition magazine
until the effective date of this amendment, that is, the date the notice of its
adoption by the Division of State Police is published by the Office of
Administrative Law in the New Jersey Register, see N.J.A.C. 1:30-6.6. During
this time period, a person who owns or possesses an ammunition magazine
which has been temporarily blocked from holding more than 15 rounds shall either:
(1) transfer such ammunition magazine to any person or firm lawfully entitled to
own or possess a large capacity ammunition magazine; (2) render such
ammunition magazine permanently incapable of holding more than 15 rounds; or (3)
voluntarily surrender the ammunition magazine pursuant to the provisions of
N.J.S.A. 2C:39-12. After the effective date of this amendment, a person who
owns or possesses an ammunition magazine which has been temporarily blocked
from holding more than 15 rounds shall voluntarily surrender the ammunition
magazine pursuant to the provisions of N.J.S.A. 2C:39-12 or risk prosecution
for unlawful possession of a large capacity magazine pursuant to N.J.S.A.
2C:39-3(j). Finally, N.J.A.C. 13:54-1.2 has been amended to include a
definition of "pistol grip" and "semi-automatic." These definitions are
identical to those contained in N.J.S.A. 2C:39-1(z) and (x), respectively.
Specifically, "pistol grip" has been defined to mean 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, and "semi-automatic" has been defined to mean 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. (EMPHASIS ADDED)
To view the proposal in its entirety go to:
http://www.state.nj.us/lps/rules/njsp/rp010702a.htm
The public comment period is now!
Submit comments by March 8, 2002 to:
Colonel Carson J. Dunbar, Jr., Superintendent
Attn: Firearms Investigation Unit
New Jersey State Police
PO Box 7068
West Trenton, New Jersey 08625
http://www.evannappen.com/lawupdate1gunbook/
gunesq@att.net
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
A Professional Corporation
21 Throckmorton Avenue
Eatontown, NJ 07724
Phone: 732-389-8888 or Fax: 732-389-8744
gunesq@att.net
JUNE 28, 2002
BLOCKED LARGE CAPACITY MAGAZINE BAN UPDATE!
The BLOCKED LCM BAN has temporarily been put on hold!
Thanks to those who sent in comments and petitions!
The following is quoted from the New Jersey Register :
34 N.J. Reg. 2136(a)
NEW JERSEY REGISTER
VOLUME 34, NUMBER 12
MONDAY, JUNE 17, 2002
RULE ADOPTION
LAW AND PUBLIC SAFETY
DIVISION OF STATE POLICE
FIREARMS AND WEAPONS
LICENSING AND REGISTRATION OF DEALERS AND MANUFACTURERS; SALE, PURCHASE,
ACQUISITION AND TRANSFER OF FIREARMS BY DEALERS TO ELIGIBLE PERSONS;
INVESTIGATION OF APPLICATIONS AND QUALIFICATIONS FOR PERMITS TO CARRY HANDGUNS;
SECURITY SYSTEMS
Readoption: N.J.A.C. 13:54
Proposed: January 7, 2002 at 34 N.J.R. 211(a)
Adopted: May 17, 2002 by Joseph J. Santiago, Superintendent, Division of State Police, with the approval of David Samson, Attorney General of New Jersey and, as to N.J.A.C. 13:54-1.15, David Samson, Attorney General of New Jersey.
Filed: May 17, 2002 as R.2002 d.183, with proposed amendments not adopted but still pending.
Authority: N.J.S.A. 2C:39-1 et seq. and 2C:58-1 et seq.; as to N.J.A.C. 13:54-1.15, N.J.S.A. 47:1A-2 and Executive Order No. 9 (Gov. Richard J. Hughes, September 30, 1963).
Effective Date: May 17, 2002.
Expiration Date: May 17, 2007.
Summary of Public Comments and Agency Responses:
The Superintendent and the Attorney General received written comments from the
following individuals or representatives of organizations:
Richard H. Bagger, Senator; Thomas H. Kean, Jr., Assemblyman; and Eric Munoz,
M.D., Assemblyman, all on behalf of Larry Farrell
Senator John J. Mathewssen on behalf of Fred Kendall
Frank Natoli
Senator Joseph M. Kryillos, Jr., on behalf of Raymond Gong
John E. Rooney, Assemblyman, on behalf of George M. Jones, USPSA Area 8
Director
Richard Volpe, who attached a "Petition to stop the New Jersey State Police
from changing the rules governing possession of high capacity magazines"
bearing 180 signatures.
Christopher D. Storcella
Preston Lewis
Evan F. Nappen, Esq.
Gun Owners of America
Jim and Kathy Norman, who attached a "Petition to stop the New Jersey State
Police from changing the rules governing possession of high capacity
magazines," bearing 56 signatures.
Charles S. Lehnert
Robert Hess
Michael Chattin
Fred Hoover
Chet Roth
Gary Maiese
Philip Gibbs
Nicholas Testaccio
Ron Pearce
Al Varesio
Patrick Quinn
Len Kline
E-mail from "orangewash3@comcast.net," with the signature "Jeff"
Brad Stuart
Michael Zaleski
Thomas Warren, Parker
Michael Quirk
James Kaiser
William Oslowski
Ronald Costello
Felix Palma
Richard Zarpaylic
Joe Kasmedo
Rene J. Harp
David Catanoso
E-mail from "The Phantom" "coconutstand@hotmail.com"
Michael A. Maiullo
E-mail from "shootingstar223@webtv.net"
Chris Wyman
Earl W. Werline, III
Michael La Torre
Peter Romanik
Richard Patti
Gary Gibilisco
Jany Sabins
Erik Graber
Diana P. Gonzalez
Jay Measley
Terry M. Wintraub
Kenneth C. Kisby
Charles Thomas
E-mail from "srstadlerwolf@gci.net"
E-mail from "Public" "wms54@charter.net"
Andrew DiGesu
Mark Duffy
Ken biss
Paul Grazier
Brian Heffernan
John Mohr
Matthew S. Tamasco, Esq.
Donald Jacobs
COMMENT: All of the above commenters expressed opposition to the proposed
amendment which would clarify the definition of "large capacity ammunition
magazine" in N.J.A.C. 13:54-1.2. See 34 N.J.R. 217.
RESPONSE: The Superintendent and the Attorney General (with respect to
N.J.A.C. 13:54-1.15) have decided to readopt the existing rules. The
proposed amendments are still pending and comments on those amendments will be
addressed in a future notice.
Federal Standards Statement
A Federal standards analysis is not required because these rules are not
adopted under the authority of or in order to implement, comply with or
participate in any program established under Federal law or under State statute
that incorporates or refers to Federal law, Federal standards or Federal
requirements.
Full text of the readopted rules can be found in the New Jersey Administrative Code at N.J.A.C. 13:54.
34 N.J.R. 2136(a)
JUNE 25, 2002
WARNING: A631 Has Passed the New Jersey Assembly
This Bill BANS expungement (record clearing) for 14 different offenses including the disorderly persons and petty disorderly persons offenses of harassment, simple assault, lewdness, false imprisonment, criminal mischief and trespass which may qualify as domestic violence.
This means PERMANENT and FOREVER LOSS of GUN RIGHTS anywhere in the United States for those convicted in New Jersey of certain "misdemeanor" offenses under Federal Law due to the "Lautenberg Domestic Violence Misdemeanor Conviction Gun Ban." (U.S.Code Title 18 Section 921-922) (The Lautenberg Law retroactively affected an estimated 70,000 police who could only free themselves of this new disability by getting an expungement) Expungement is specifically recognized in the Federal law as an exception and a way to restore ones rights.
No exceptions are in A631 for any law-abiding citizens, including police, military, private security, sportsmen or target shooters to EVER get their record erased.
See link below to read A631
http://www.njleg.state.nj.us/2002/Bills/A1000/631_I1.HTM
JANUARY, 2002
WARNING! ATTENTION
ALL BLOCKED LARGE CAPACITY MAGAZINE OWNERS!
The State Police have proposed new Administrative Code Regulations which
will turn 1000's of unsuspecting law abiding BLOCKED LARGE CAPACITY MAGAZINE
OWNERS into instant CRIMINALS.
The new Regulations reverse the prior position of the State Police which
allowed the possession and sale of Temporarily Blocked LCM's.
1000's of Temporarily Blocked LCM's have been sold by licensed NJ dealers to
honest gun owners in reliance upon the prior written statements from the
State Police. Note: A violation of the LCM Ban is a Crime of the 4th Degree
(18 months Max. State Prison)
Here is a direct quote from the proposal:
N.J.A.C. 13:54-1.2 is amended to clarify that the definition of a large
capacity ammunition magazine does not include an ammunition magazine that
has been permanently altered so that it is not capable of holding more than 15
rounds of ammunition. The definition is further amended to include an
ammunition magazine which has been temporarily blocked from holding more
than 15 rounds, as by a piece of wood or a pin. The New Jersey Supreme Court has
determined that in N.J.S.A. 2C:39-1f, the term firearm was defined "not in
terms of operability, but in terms of what the weapon was designed to do."
See State v. Gantt, 101 N.J. 573, 583 (1986). A device no longer retains the
characteristics of a firearm when "it has undergone such substantial
alteration or mutilation that the instrument has completely and permanently lost the
characteristics of a real gun." Id. At 590 (emphasis added). Based on the
plain language of the statute and case law, the amendment modifies the definition
of a "large capacity ammunition magazine" by inserting the word "permanently"
in between "been" and "altered."
The State recognizes that some of its representatives may have provided
informal advice to the effect that an ammunition magazine may be temporarily
blocked to hold no more than 15 rounds; however, the Attorney General has
never expressly adopted this position. To the contrary, through the promulgation
of this regulation, the State expressly rejects that interpretation of the
statute. Any person who currently owns or possesses an ammunition magazine
which has been temporarily blocked from holding more than 15 rounds is
hereby advised that he or she may retain possession of that ammunition magazine
until the effective date of this amendment, that is, the date the notice of its
adoption by the Division of State Police is published by the Office of
Administrative Law in the New Jersey Register, see N.J.A.C. 1:30-6.6. During
this time period, a person who owns or possesses an ammunition magazine
which has been temporarily blocked from holding more than 15 rounds shall either:
(1) transfer such ammunition magazine to any person or firm lawfully entitled to
own or possess a large capacity ammunition magazine; (2) render such
ammunition magazine permanently incapable of holding more than 15 rounds; or (3)
voluntarily surrender the ammunition magazine pursuant to the provisions of
N.J.S.A. 2C:39-12. After the effective date of this amendment, a person who
owns or possesses an ammunition magazine which has been temporarily blocked
from holding more than 15 rounds shall voluntarily surrender the ammunition
magazine pursuant to the provisions of N.J.S.A. 2C:39-12 or risk prosecution
for unlawful possession of a large capacity magazine pursuant to N.J.S.A.
2C:39-3(j). Finally, N.J.A.C. 13:54-1.2 has been amended to include a
definition of "pistol grip" and "semi-automatic." These definitions are
identical to those contained in N.J.S.A. 2C:39-1(z) and (x), respectively.
Specifically, "pistol grip" has been defined to mean 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, and "semi-automatic" has been defined to mean 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. (EMPHASIS ADDED)
To view the proposal in its entirety go to:
http://www.state.nj.us/lps/rules/njsp/rp010702a.htm
The public comment period is now!
Submit comments by March 8, 2002 to:
Colonel Carson J. Dunbar, Jr., Superintendent
Attn: Firearms Investigation Unit
New Jersey State Police
PO Box 7068
West Trenton, New Jersey 08625
http://www.evannappen.com/lawupdate1gunbook/
gunesq@att.net
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Comments
enjoy it. Worst in the country are California, NJ , Massachusetts and Illinois. And the very worst state of all for gunowners is Maryland!
Edited by - beantole on 07/01/2002 16:01:44