Just found this:
may stand corrected by myself....
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