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NJ gun laws

spotty bobekspotty bobek Member Posts: 219 ✭✭
edited May 2007 in Ask the Experts
Can a NJ resident with FIC card buy a Bushmaster varminter rifle
over counter from FFL dealer in PA. Or should I ask, is it legal.
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Comments

  • 300300 Member Posts: 152 ✭✭✭
    edited November -1
    Last time I looked, NJ gun laws prohibit the sale or possession of assult weapons in the state -- if that Bushmaster is considered an assult weapon big problems await, namely 3-5 years and a $15,000 fine... also any magazine with a capacity of more than 15 rounds is prohibited. And how is a PA FFL going to sell you a firearm when you are a resident of NJ? quote:Originally posted by spotty bobek
    Can a NJ resident with FIC card buy a Bushmaster varminter rifle
    over counter from FFL dealer in PA. Or should I ask, is it legal.
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  • ahanksterahankster Member Posts: 253 ✭✭✭
    edited November -1
    Well,
    I don't know the PA laws, but since it is a long gun, you could go to any number of states and purchase it. Wouldn't need anything other than a driver's license too. The second you cross into NJ, you would be breaking your state laws and subject to prosecution though. You could not purchase a handgun from an FFL out of state. But, it is legal in most states to purchase a long gun whether or not you are a resident.
    Hank
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  • spotty bobekspotty bobek Member Posts: 219 ✭✭
    edited November -1
    I guess I need to find out more about the varminter gun, and wheather
    it is considered an assault weapon in NJ. ATF laws allow long gun sales accross counter to out of state nonlicense, and AWB is no longer. ATF doesn't recognize assault weapons.
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  • farfromnormalfarfromnormal Member Posts: 247 ✭✭
    edited November -1
    If you are buying a LONG gun out-of-state, you are required to follow the rules of BOTH the state in which you are purchasing the gun and your state of residence. This means if it is illegal to own in your state, you can't purchase it. It also means that if the FIC card is required in your state for purchase, it is also required for an out-of-state purchase.
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  • 300300 Member Posts: 152 ✭✭✭
    edited November -1
    Assuming that the background check clears and that the proper identification card is on hand etc, purchase of a rifle or shotgun by a non-resident is only "legal" when the sale fully complies with the resident's state law -- the sale/transfer puts the FFL on the hook and if not in compliance the ATF, regardless of whether the firearm goes back to resident's state, would almost certainly notify the state and take some action against the FFL. quote:Originally posted by ahankster
    Well,
    ....Wouldn't need anything other than a driver's license too. The second you cross into NJ, you would be breaking your state laws and subject to prosecution though. You could not purchase a handgun from an FFL out of state. But, it is legal in most states to purchase a long gun whether or not you are a resident.
    Hank
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  • ahanksterahankster Member Posts: 253 ✭✭✭
    edited November -1
    "you are required to follow the rules of BOTH the state in which you are purchasing the gun and your state of residence"

    "non-resident is only "legal" when the sale fully complies with the resident's state law -- the sale/transfer "

    Where are you guys getting these little gems?

    If a person purchases a firearm nobody is asking if it is legal in the purchaser's resident state. If the fella purchases the gun, he is totally legal as long as he does not transport it back to the state where it is illegal (assumine he or she is not breaking any ATF regulations).


    "regardless of whether the firearm goes back to resident's state, would almost certainly notify the state and take some action against the FFL"

    Exactly who is going to do the reporting? The FFL selling the gun? Why, they are not responsible for the rules and laws of 50 different states, just the one in which they reside. There isn't some great screening computer looking for this stuff. The background check is just that, there isn't a cross referencing data base to check if the gun itself is "proper" for an individual to possess.

    You might ask then what he is going to do with the gun for storage purposes. Well, that is up to him. Leave it at a relative or friends, perhaps he has an apartment in that state, or several other options. The "assault" firearm is only illegal in NJ so as long as the purchaser has options to store the gun outside of NJ, he is ok. Also, he may be living outside his state of residence, nobody even asked that question. A person living in another state, but a NJ resident could certainly purchase such a firearm as he has no intention of bringing it back to NJ.
    Hank
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  • spotty bobekspotty bobek Member Posts: 219 ✭✭
    edited November -1
    The gun in issue is a semiauto Bushmaster varminter. It takes 223 remington and clip holds 5 rounds.
    So you're saying that this would be considered an assault rifle in NJ and illegal?
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  • v35v35 Member Posts: 12,710 ✭✭✭
    edited November -1
    Contact the ANJRPC but last I knew, before the Fed ban expired, you could own an AR15 with unthreaded barrel end and no flash hider.
    You could use mil mags at the Cherry Ridge range if a block was inserted under the follower, limiting you to ten rounds.
    There is a range officer residing at the range who can be called
    on the subject.
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  • spotty bobekspotty bobek Member Posts: 219 ✭✭
    edited November -1
    NJ State law lists Bushmaster assault rifle as an assault weapon.
    However I don't know if Bushmaster Varminter is considered an assault rifle.
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  • farfromnormalfarfromnormal Member Posts: 247 ✭✭
    edited November -1
    ahankster-in reference to your comments, let me refer you to the following sections in your ATF Federal Firearms Regulations Reference Guide of 2005 (you must have a copy since you are obviously an FFL holder). Look at 18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30 . These sources will show you where I got the statement- "you are required to follow the rules of BOTH the state in which you are purchasing the gun and your state of residence"
    These "little gems" are the law.
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