Short barrel AR legality in NJ

Status
Not open for further replies.

Ks5shooter

Contributing Member
Joined
Dec 16, 2013
Messages
3,411
Location
Communist state of nj
I understand they are legal in NJ now,but with restrictions . Does anyone have a link or info on what needs to be done to be legal.. When I call the state police they say they don't answer legal questions. I searched online and cant find anything. thanks in advance.
 
People are registering virgin AR receivers as AOWs on an ATF Form 1. There is no NJ law regarding AOWs.
 
People are registering virgin AR receivers as AOWs on an ATF Form 1. There is no NJ law regarding AOWs.
Huh?
1. You can't "register" an AR receiver as an AOW.
2. You can apply via a Form 1 to make an AOW from an AR receiver.
3. AOW is defined as follows:
CFR 479.11 Meaning of terms https://www.ecfr.gov/cgi-bin/text-i...7cfc7d0992&mc=true&node=sp27.3.479.b&rgn=div6
Any other weapon. Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.
4. When someone fills out that Form 1 they are required to submit caliber, barrel length and overall length of the firearm they will make. An AR receiver doesn't have a barrel or caliber. It's OAL cannot be determined until it has been completed.
 
The ATF uses the term “register,” with regard to NFA weapons. The OP’s question is how people get short barreled ARs in NJ. The answer is, they are registered AOWs. He needs to fill out a form 1.
 
The ATF uses the term “register,” with regard to NFA weapons.
I know, I sign over a hundred Form 4's every year.;)
If you've filled out a Form 1, you would know that's for making an NFA firearm and for paying tax. A person could hold 87 approved Form 1's and have never owned a firearm or AR lower in their life.

The OP’s question is how people get short barreled ARs in NJ. The answer is, they are registered AOWs. He needs to fill out a form 1.
Again, an AOW on a Form 1 doesn't let people "get short barreled rifles"......in ANY state. If the firearm meets the definition of pistol, rifle or short barreled rifle...it cannot be an AOW. Thats pretty darn clear in the definition I posted above.

Are people in NJ filing Form 1's and incorrectly describing the firearm they are making? Possibly, but ATF won't actually SEE the firearm, instead the burden is on the maker to follow federal law. Since ATF doesn't SEE the firearm, its possible that whats being built IS NOT an AOW.

Are people in NJ making a firearm that resembles an SBR, but isn't an SBR, pistol or rifle as defined in federal law?........possibly.

Again, an AR receiver cannot be an AOW and an AOW cannot have the same features as an SBR because then it would be an SBR.
 
There is no NJ law regarding AOWs.
This is Legal, so your assertion needs a citation.
For instance Per 2009 New Jersey CodeTITLE 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE 2C:39-3 - Prohibited weapons and devices:
2C:39-3. Prohibited weapons and devices 2C:39-3. Prohibited Weapons and Devices.

a.Destructive devices. Any person who knowingly has in his possession any destructive device is guilty of a crime of the third degree.

b.Sawed-off shotguns. Any person who knowingly has in his possession any sawed-off shotgun is guilty of a crime of the third degree.

c.Silencers. Any person who knowingly has in his possession any firearm silencer is guilty of a crime of the fourth degree.

d.Defaced firearms. Any person who knowingly has in his possession any firearm which has been defaced, except an antique firearm or an antique handgun, is guilty of a crime of the fourth degree.

e.Certain weapons. Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree.

f.Dum-dum or body armor penetrating bullets. (1) Any person, other than a law enforcement officer or persons engaged in activities pursuant to subsection f. of N.J.S.2C:39-6, who knowingly has in his possession any hollow nose or dum-dum bullet, or (2) any person, other than a collector of firearms or ammunition as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) and has in his possession a valid Collector of Curios and Relics License issued by the Bureau of Alcohol, Tobacco and Firearms, who knowingly has in his possession any body armor breaching or penetrating ammunition, which means: (a) ammunition primarily designed for use in a handgun, and (b) which is comprised of a bullet whose core or jacket, if the jacket is thicker than.025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale, and (c) is therefore capable of breaching or penetrating body armor, is guilty of a crime of the fourth degree. For purposes of this section, a collector may possess not more than three examples of each distinctive variation of the ammunition described above. A distinctive variation includes a different head stamp, composition, design, or color.
cite:https://law.justia.com/codes/new-jersey/2009/title-2c/2c-39/2c-39-3/
It looks good.

However, if we go to 2009 New Jersey Code TITLE 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE 2C:39-1 - Definitions:
We find (emphasis mine in bold)
o."Sawed-off shotgun" means any shotgun having a barrel or barrels of less than 18 inches in length measured from the breech to the muzzle, or a rifle having a barrel or barrels of less than 16 inches in length measured from the breech to the muzzle, or any firearm made from a rifle or a shotgun, whether by alteration, or otherwise, if such firearm as modified has an overall length of less than 26 inches.
cite: https://law.justia.com/codes/new-jersey/2009/title-2c/2c-39/2c-39-1/

So, the lay answer seems to be the SBR has to be > 26 inches long overall.
 
This is false. An AR receiver that has never been a rifle or shotgun, can be form 1ed as an AOW. This used to be done as a way for people to get something akin to an “AR pistol” during the old federal AWB.
No, its not false and I told you why....and I'll repeat.
AGAIN, a Form 1 is for MAKING a firearm. If the AR lower is never MADE into an NFA firearm IT IS NOT AN NFA FIREARM! By itself, an AR lower is just a firearm receiver. Until built into a rifle, pistol, shotgun, SBS, SBR, AOW, MG or DD it remains a Title I firearm receiver. A Form 1 is a tax for making an NFA firearm.

"Akin to an AR pistol"...........IS NOT AN AR PISTOL. Definitions exist for a reason.



Correct. I’m not taking about SBRs. I’m talking about an AOW with a brace. People are doing it in CT and NJ to get around their respective AWB.
Yet you wrote "The OP’s question is how people get short barreled ARs in NJ. The answer is, they are registered AOWs..."
Precise language is important in this type of discussion.


And if you’ve ever filed a Form 1, you know that it’s for what you intend to build. Ergo, virgin AR receiver, which is a “firearm,” per federal law, and thus can be built into a rifle, pistol, firearm, SBR, or AOW. You don’t need to have anything other than a receiver for this.
No kidding. Already covered above.



per the legal definition posting above mine, the virgin AR receiver has never been built into a rifle, shotgun, or pistol per federal law and per NJ law, it would not constitute a weapon “made from a rifle or shotgun,” per federal and NJ law or an “assault weapon,” per NJ law. Since the OP wants it to have under a 16” barrel, he would just need to list whatever barrel length he wanted on it when he filled out his form 1 for an AOW, wait a month, get his form 1 back, then purchase whatever upper and brace he wanted. As an AOW, he could never put a stock on it, however, he could put a brace on it.
Again, your advice is faulty.
Here's why:
Following your advice, I build a firearm using a virgin AR lower, an AR parts kit, a complete barreled upper with 7" barrel (whatever I choose in your words) and attach a folding arm brace (whatever I want in your words).
What type of firearm have I created? Regardless of OAL or length of barrel, that's a pistol as defined in federal law. If I completed a Form 1 for an AOW and built a pistol I'm not in compliance with federal law.


Now..........how can I build essentially the same thing that IS AN AOW?
I build using a virgin AR lower, a complete barreled upper, arm brace and ensure that my completed firearms' overall length is LESS THAN 26" AND that I attach a vertical forward grip (because pistols have only a single grip). If my overall length is more than 26" I have a Title I "firearm" that is neither handgun (because it has a second forward grip) nor long gun (because it lacks a shoulder stock). Measurement of either is from the end of the buffer extension to the end of the muzzle or permanently attached muzzle device.

Again, if the firearm you made meets the definition of rifle, pistol or handgun..........you haven't made an NFA firearm. Whether you have an approved Form 1 is meaningless.
 
Last edited:
Dogtown Tom is correct, you can make an AOW from an AR receiver as he explained. Adding a vertical forward grip onto any firearm with a rifled barrel less than 16" OAL and the weapon is under 26" OAL indeed constitutes an AOW. That is how all of the people in Connecticut got into trouble with being in possession of illegal AOW's, the ATF decided to measure the firearms with the folding adapter in the folded position which made the firearms under 26" with a vertical forward grip.

A good clarification of how people are legally owning a short barrel AR in New Jersey would be helpful, especially for NJ residents. Last I checked the difference between an AOW and a SBR is that an AOW is NOT designed to be fired from the shoulder as in not stock while a SBR does have a stock.
 
Not being super familiar with AOW regulations, I didn't think an AOW could have a rifled barrel.

Sorry if I am wrong, not trying to muddy the conversation.
 
Not being super familiar with AOW regulations, I didn't think an AOW could have a rifled barrel.

Sorry if I am wrong, not trying to muddy the conversation.

Yes an AOW can have a rifled barrel. If you put a vertical forward grip on any pistol (not just an AR) it becomes an AOW if OAL is under 26". Any shotgun with a barrel less than 18" OAL and is under 26" OAL AND does not have a stock is an AOW.

To add clarification/confusion per federal law concerning guns classified as a "firearm". If you take something that is classified as a "firearm" such as a Mossberg Shockwave, Remington Tac14, or an AR pistol with a VFG and is over 26" OAL and conceal any of them, they instantly become an unregistered AOW.

Federal laws:

Any stocks rifle with a barrel under 16" or OAL is under 26" is a SBR
Any stocked shotgun with a barrel under 18" or OAL is under 26" is a SBS
An AR pistol can have any length barrel attached.
If a VFG is added to a pistol and the OAL is under 26" it is an AOW
If a VFG is added to a pistol and the OAL is over 26" it is now classified as a "firearm"
If you conceal a "firearm" it becomes an AOW

Now as far as how New Jersey residents are getting around this, are they making an SBR, AOW , or a "firearm"? It is definitely interesting how people deal with the different state laws to stay legal
 
This is a gross oversimplification, but to sum it up in simple terms, an NFA AOW is a firearm that doesn’t fit into any of the other firearm categories and is considered to be concealable and/or is designed to look like something other than a firearm.

And a generic non-NFA “firearm” is a firearm that doesn’t fit into any of the other firearm categories and isn’t considered to be concealable and also isn’t designed to look like something other than a firearm.
 
Status
Not open for further replies.
Back
Top