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NJ - FID necessary to buy an upper?

Discussion in 'Legal' started by EraserXIV, Jan 22, 2009.

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  1. EraserXIV

    EraserXIV Member

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    First off, I live in NJ. I'm about to register for a FID, but I hear it takes EONS for them to finally arrive. I was just wondering if a FID was necessary to purchase an AR-15 upper. For what I've seen online, you can pretty much order them and have them shipped to your door as if they were just a LCD TV. So is it true that you can order an upper without an FID? I've never had any online retailer ask me for proof of an FID (albiet, I've never actually went through with the entire purchase). If I can, I might just go ahead and do that now because I know those take a while to come too because of the high demand. That way some of the waiting will overlap, and I won't have to wait twice as long.

    Also, just as a caution, if you were to be seen in the possession of an upper, would a LEO be able to detain you? (Technically it's not a weapon, it's basically a souped up baseball bat, or am I wrong). Thanks
     
  2. General Geoff

    General Geoff Member

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    In New Jersey, expect a cop who sees you with an AR-15 upper receiver to cuff you at gunpoint. Doesn't matter whether such a detainment is lawful, it will happen. So don't be seen just walking around with it. Otherwise, it's legally just an expensive and awkwardly shaped paper weight.
     
  3. EraserXIV

    EraserXIV Member

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    Hmm thanks, I was thinking that, but I wasn't sure so I wanted to get some confirmation. Well now I just can't wait to get my paper weight!
     
  4. everallm

    everallm Member

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    Since I don't expect you to be walking the streets with an upper don't worry about it.

    It is not a firearm and you can buy it legally, even here in NJ....without a FID.
     
  5. lordgroom

    lordgroom Member

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    I bought an upper from MAP Parts and had it shipped to my door. No FID needed.
     
  6. geekWithA.45

    geekWithA.45 Moderator Emeritus

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    I would be careful that no combination of that upper with any lower you might have could be combined to create what NJ defines as an "assault weapon". Watch out for threaded barrels, flash hiders, barrel shrouds and bayo mounts. (for starters)
     
  7. EraserXIV

    EraserXIV Member

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    Yes, I am ordering a Post-Ban Compatible upper. Thanks for the warning though. If I'm not mistaken, it has a bolted on muzzle brake.

    Out of curiosity though, I've heard of people in Cali using a Prince 50 to make the magazine "non-detachable" so they could have as many evil-features as they wanted, since it's technically not an assault weapon anymore. Does this also hold true for NJ?
     
  8. geekWithA.45

    geekWithA.45 Moderator Emeritus

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    I'm uncertain as to that.

    It seems like it might be possible to trade evil features, so long as you only have 2. So, for example, on an AR-like platform, you could get a CA no thumbhole handle, and a permanently fixed mag, and then maybe get a barrel shroud and bayo mount. :scrutiny:

    Generally, when you scrutinize the list of evil features, the consensus seems to be that detachable mags and pistol grips are the most useful and ergonomic of the lot.

    You also have to watch out for "constructive possession". NJ would argue that if you had 2 different ar-like rifles, which would not meet the definition of AW, but whose uppers and lowers could be swapped to make one NJ unlawful config, that you would be in possession of an unlawful AW.

    Specific Example:

    Rifle 1: Upper: Bayo Mount, Barrel Shroud, Lower: No evil features (CA handle, CA permaMag)
    Rifle 2: Upper: no evil features, Lower: Handle & detachable mag

    parts ~could~ be swapped to make:

    Rifle 3: Upper: no evil features Lower: no evil features
    Rifle 4: Upper Bayo mount, Barrel shroud Lower: pistol grip detachable mag, for 4 super duper extra evil features.

    Seriously, you'd be drenched in evil, and most likely raked over the coals by the legal system, which would not be impressed by some argument that the extra evil of rifle 4 was somehow offset by the extra innocence of rifle 3.
     
  9. GRIZ22

    GRIZ22 Member

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    Out of curiosity though, I've heard of people in Cali using a Prince 50 to make the magazine "non-detachable" so they could have as many evil-features as they wanted, since it's technically not an assault weapon anymore. Does this also hold true for NJ?

    I would not want to be the test case. I also would not give up a detachable magazine for a flash surpressor and bayonet stud even if it were legal.

    ps After looking at the Prince 50 I think NJ would look at your AR so equipped as an assault weapon and substantially the same but I'm not the AG.
     
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