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AR15's Legal in NJ?

Discussion in 'Legal' started by camxrr, Nov 3, 2008.

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  1. camxrr

    camxrr Member

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    Hi all,

    I'm just about to go for it and get 2 AR15 type rifles. One is chambered in 5.56 and the other in .308. From what i read in one gunbrokers posting the rifle is "nj legal". On the other hand I've just been told by a friend that AR15 may not be legal in NJ. Does anyone have info on this? I would appreciate it as I was about to order next week.

    thanks in advance.
     
  2. Tom488

    Tom488 Member

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    Short answer: maybe

    For an AR-15 type weapon to be NJ-legal, it must meet the following criteria:

    - NOT be stamped "AR-15" or "CAR-15" on the receiver
    - Have a fixed buttstock
    - Have either a target crown barrel, or a permanently-installed muzzle brake (not a flash suppressor) - the barrel can NOT be threaded
    - Have no bayonet lug
    - Have no grenade launcher (I'm not kidding - that's really documented)
    - Have no magazines of greater than 15 round capacity
     
  3. crushbup

    crushbup Member

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    The grenade launcher they mention isn't an M203, it's one of those muzzle devices from which one launches rifle grenades.
     
  4. Joe7cri

    Joe7cri Member

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    I believe you will need to buy a XM-15. Looks like the AR-15, but doesn't have the bayonet lug, no threaded barrel, etc...
     
  5. dcal

    dcal Member

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  6. everallm

    everallm Member

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    Just to expand on TOM488,

    It can't be a COLT AR-15 or CAR-15, any other AR, so long as it doesn't have more than 2 of the previously named evil characteristics is legal.

    Biggest bugbear for buying out of state is the permanently fixed muzzle brake.

    Oh of course the fact that you can't actually buy 15 round 5.56 AR magazines means you are in effect restricted to 10 rounders.......

    If you are really worried either buy directly from a gun shop in NJ or buy a non AR such as a Robinson Arms XCR.
     
  7. Tom488

    Tom488 Member

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    Not true. We have a dealer here in NJ that offers 15-round Magpul magazines: http://www.arms-n-ammo.com/ Look under Accessories
     
  8. Bubba613

    Bubba613 member

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    I'll ask the stupid question:
    What difference does it make whether the gun is stamped AR-15 or CAR-15? How does that effect the performance?

    I know, I know, it's a gun law. It doesn't have to make sense.
     
  9. acn001

    acn001 Member

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    There is no difference. It is a matter of principle. Only AR-15 and CAR's should be stamped therefore they don't allow any legitimate AR-15 rifles. Has nothing to do with performance.
     
  10. everallm

    everallm Member

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    Stamping is not part of the NJ law.

    The only relevant restriction is that is cannot be a Colt AR-15 or CAR-15.

    This is only there as it was the wording from the original AWB.

    For example, it's the same as not being allowed to buy a

    FN-FAL, FN-LAR, or FN-FNC type semi-automatic firearms

    But you can buy a DSA-Arms FAL type

    Not allowed a

    Heckler and Koch HK91, HK93, HK94, MP5, PSG-1

    But you can buy a PTR-91

    etc etc
     
  11. alistaire

    alistaire Member

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    According to Sarco Inc (in NJ) there is a list of what is illegal. A Colt may be illegal while the identical Bushmaster is legal. Go to several NJ dealers and see what they can sell you.
     
  12. Tom488

    Tom488 Member

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    It's one of those pesky legal things... NJ has a ban on "assault firearms". They define an "assault firearm" as belonging to an enumerated list of firearms (statute 2C:39-1w). One of the types on that list is "Colt AR-15 and CAR-15 series". Now, even if you took an actual Colt AR-15, removed the upper receiver, and replaced it with an upper that had no flash suppressor or bayonet lug (ie. a "neutered", post-ban upper), it would no longer be identical to a "Colt AR-15", however, since the lower receiver is still marked "Colt AR-15", it would still be considered illegal in NJ.

    Beyond that, the same law states that any firearm manufactured under any designation that is "substantially identical" to any listed assault firearm is also an assault firearm. What the hell does "substantially identical" mean? "Mostly similar"? "Kind of the same"? In an effort to clarify that, the Attorney General released a set of guidelines that effectively said an assault firearm is any semi-automatic rifle that can accept a detachable magazine, and has two of the following features (these have come to be known as the "evil features" list): A folding or collapsible stock, a pistol grip, a bayonet lug, a flash suppressor, or a threaded barrel capable of accepting a flash suppressor, or a grenade launcher. On most AR-15 style rifles, the one allowed "evil feature" is the pistol grip.

    So, what this all means, is that a Colt AR-15 is illegal to possess in NJ, while a Bushmaster XM15, with a fixed stock, and target-crown barrel, is legal. Make sense? Of course not - but there you go.
     
  13. GRIZ22

    GRIZ22 Member

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    All of the reponses to your posts give you valuable info. Go to NJSP.org and you can read the final word. Click on firearms in the pull down menu and go from there.

    In short you can legally buy both rifles you want but are limited to things that don't affect the performance of the rifle.
     
  14. NeverAgain26

    NeverAgain26 Member

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    I bought my ArmaLite AR-10 in N.J. and it's legal. Great gun.

    NA26
     
  15. camxrr

    camxrr Member

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    Thanks everyone, a lot of good info. I will be visiting 3 gun shops this weekend, Rays , the NJ Firearms Guild and Zeus in southern jersey.

    I will also look at other manufacturers online and see what they have.

    thanks again
     
  16. Highland Ranger

    Highland Ranger Member

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    I bought bushy (.223) and saiga (.308) at Meltzer's in Garfield. Good selection and prices for a small shop and much nicer guys behind the counter than Ray's. Ray's is definitely hit or miss.
     
  17. ammoeater

    ammoeater Member

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    If you're heading all the way down to Zeus (overpriced, IMO) you should try Tips Hardware in West Creek (GSP Tuckerton exit 58, then Rt. 9 N) They carry Bushmaster, I bought the Bushmaster M4 Type "Post Ban" Carbine with the A3 flattop for about $900. Great service, if they don't have it in stock, they will have it for you within a couple of days.

    http://www.tipshardware.com/
     
  18. camxrr

    camxrr Member

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    thanks guys. Ammoeater, I agree with you on Zues' prices.
    I will also check out Tips and Meltzers.

    Just added a Rem 700 to the list, YAY!
     
  19. Crunker1337

    Crunker1337 Member

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    Question...
    Isn't it REALLY messed up for the NJ DoCJ to define what "substantially identical" means? They're supposed to enforce laws, not interpret or create them, that's the job of the court.
     
  20. camxrr

    camxrr Member

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    I hear ya Crunker. Alaska's looking real good right now. Time to do some research. Maybe Palin could use a butler or a gardner (with a Kimber SIS on his hip)lol
     
  21. Highland Ranger

    Highland Ranger Member

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    I followed my own advice and went to Meltzers - they are completely wiped out of AR's and were saying that their distributor was wiped out last week. You can put your name on a list and maybe get a shot at the few they expect to dribble in over the next few months.

    Prices will start north of $1000 for even the most basic models.

    If you want to order one from DPMS, it is at least a 7 month wait.

    They still had Saiga's in 308, 223 and 7.62 but I think only one or two of each left - and that's only because most people don't know what they are - a NJ friendly Russian made AK for all intents and purposes.

    The plain stock versions are about $370 ($70 more than I paid 2 years ago) with the skeleton stock versions around $450. Good rifle and still a good deal at those prices in NJ, in this climate.

    My guess is, if you don't go this week, they will be out of everything, and it will be waiting list only in the very near future.

    Good luck . . . . .
     
  22. amram

    amram Member

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    15-round NJ-legal 5.56 magazines????

    I know they are out there. I stumbled accross a website that had them. Polymers. Anyone? Help?

    AH
     
  23. everallm

    everallm Member

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    Tom488 posted the site

    http://www.arms-n-ammo.com/

    They seem to be sold out of all colors at the moment, they appear to be retrofitted PMags at $20 per.
     
  24. Aikidoka

    Aikidoka Member

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    Hi Guys, I'm new here and this is my first post. I just bought a used Bushmaster XM-15 E2S from a friend of mine that had 3 AR's. He knew I was getting frustrated at not being able to find one from any of my dealers. And like someone else mentioned it was going to be at least 8-10 months before they started to get inventory. The AR I bought does not have any kind of suppressor or muzzle brake on it. Is it legal in Jersey to have one IF it is welded on?? Reason I ask is I will be looking into a new upper for mine because it does not have the removable handle/sight. I'd like a flat top so I can mount an optic.

    Thanks much and I think Im gonna like it here. Seems like there is a lot of good info to be found.
     
  25. everallm

    everallm Member

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    If the barrel is threaded it has to have a "permanently fixed" muzzle brake, can't be a flash hider.

    The permanent fixing is typically welding, silver solder or blind pinning. Sufficient so that you can't just fracture twist it off.

    If the barrel is NOT threaded then you can leave it alone you do not have to add anything to it.

    Suppressors for non LEO's are not legal in NJ assuming you are talking about a sound suppresor.
     
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