NJSP Wants More Firearm Regulations

[rev214]

New Jersey State Police Seeking to Enact Further Firearms Restrictions by Regulation
The New Jersey State Police recently issued new rule proposals for the regulation of firearms, magazines, and retailers in the Garden State. If approved, these regulations will have the rule of law without ever being debated by the legislators in Trenton, turning thousands of unsuspecting citizens into felons!

The proposal would do the following: It would require law-abiding gun owners to surrender or pay to render their “large capacity” magazines permanently blocked. Possession of a temporarily blocked “large capacity” magazine would be a crime. Certain semi-automatic shotguns and handguns would be classified as “assault firearms” because of cosmetic features, which have not been named in any statute enacted by the New Jersey Legislature.

Another proposal seeks to harass lawful owners and retailers of “assault firearms” by requiring that licensed dealers who accept an “assault firearm” and/or machine gun from a citizen for transfer, resale, or repair must notify the Superintendent of the State Police within 48 hours.

Also, all firearms sold by retailers would be mandated to be secured by steel cable.

Finally, the proposal forces those placing handguns on consignment to produce a new permit to retake possession of the handgun.

Law-abiding firearm owners have until Friday, August 17 to voice their opposition to the new rules and the Superintendent needs to hear from you today! Public comments will only be accepted by mail.

NRA-ILA has a prewritten letter for snail-mail:

Date:

Colonel Joseph R. Fuentes, Superintendent
New Jersey State Police
PO Box 7068
West Trenton, New Jersey 08638
Attn: Firearms Investigation Unit

Re: Comments to PRN 2007-199

Dear Colonel Fuentes:

As a law-abiding New Jersey firearm owner, I respectfully object to, and urge you to not to implement certain proposed changes to the New Jersey Administrative Code set forth in your Rule Proposal dated June 18, 2007. These proposed changes would unilaterally turn thousands of honest citizens into criminals. Furthermore, it would impose this legal jeopardy in the complete absence of legislative intent, debate, and open discussion.

For many years, numerous state authorities have issued formal written advice to law abiding citizens, licensed firearm dealers, and police officers around the state permitting temporary blocking of magazines. Thousands of people have relied upon that advice by purchasing, possessing, transferring, transporting, and selling temporarily blocked magazines. These people would be forced to either surrender their private property with no compensation or pay to render their magazines permanently blocked. Rule proposal 13:54-1.2 will make thousands of unsuspecting, law-abiding firearm owners who are unaware of this dramatic reversal into felons by classifying a temporarily blocked magazine as a “large capacity magazine.

Also, under 13:54-1.2, certain semi-automatic shotguns, the most “commonly used firearm” by New Jersey sportsmen and semi-automatic pistols with common features, would be classified as “assault firearms” even though some of the supposedly undesirable shotgun features are particularly helpful to disabled shooters. Many of the supposedly undesirable features listed have not been identified in any statute passed by the New Jersey Legislature and are tantamount to new legislation even though legislating is beyond the scope of the executive branch.

Rule proposal 13:54-5.1 Section (c) assumes illegal activity without probable cause upon the firearm owner and forces the retailer to delay sometimes needed repair by mandating that licensed dealers who accept an “assault firearm” and/or machine gun from a citizen for transfer, resale, or repair notify the Superintendent within 48 hours. Delaying repairs pending approval by the Superintendent of Police will only add to greater expense and unjustified inconvenience for the firearm owner and lost business for the retailer.

New Jersey already mandates some of the toughest security measures for firearm retailers in the country. Additions to rule 13:54-6.5 would impose significant financial impacts upon retail firearm dealers by requiring dealers whose firearms are on display to secure firearms by a steel cable. Cabled firearms are more likely to “dry-fire” as the cable rests on the triggers of the firearms. Dry-firing can be particularly harmful to shotguns and antique firearms causing damage to the firing pins and actions of the firearms. Securing firearms by steel cables could also result in deep scrapes and permanent damage of those firearms and force retailers to sell the items for significantly less than the suggested retail value.

Rule proposal 13:54-3.20 forces those who place firearms on consignment to produce a new permit to purchase a handgun even though they may have dropped off the firearm as early as one day previously. This will place a new unnecessary burden on licensing authorities to reissue permits. This proposed regulation could redirect what is currently a safe and legal commerce to the black market.

Again, I respectfully object to these proposals and urge you not to implement them.


Sincerely,

[rev214]

pdf link to the NJSP website of the 33-pages of rule proposals...

http://www.njsp.org/news/pdf/rp-061807-13_54.pdf

"Assault firearms" means:
1. [The] Any of the following firearms:
Ruger K-Mini-14/5 F and Mini-14/5 RF
Weaver Arm Nighthawk;

2. Any firearm manufactured under any designation, which is substantially identical to any of the firearms listed in
paragraph [(1)] 1 above[;]. As used in this definition, the term "substantial" means pertaining to the substance, matter, material or essence of a thing and the term "identical" means exactly the same. Hence, a firearm is substantially identical to another only if it is identical in all material, essential respects. A firearm is not substantially identical to a listed assault firearm unless it is identical except for differences that do not alter the essential nature of the firearm.
The following are examples of manufacturer changes that do not alter the essential nature of the firearm: the name or designation of the firearm; the color of the firearm; the material used to make the barrel or stock of the firearm; the material used to make a pistol grip; and a modification of a pistol grip. This is not an exclusive list. A semi-automatic firearm should be considered to be "substantially identical," that is, identical in all material respects, to a named assault weapon if it meets the below listed criteria:


i. A semi-automatic rifle that has the ability to accept a detachable magazine and has at least two of the following:
(1) A folding or telescoping stock;
(2) A pistol grip that protrudes conspicuously beneath the action of the weapon;
(3) A bayonet mount;
(4) A flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
(5) A grenade launcher;

ii. A semi-automatic pistol that has an ability to accept a detachable magazine and has at least two of the following:
(1) An ammunition magazine that attaches to the pistol outside of the pistol grip;
(2) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
(3) A shroud that is attached to, or partially or completely encircles the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned;
(4) Manufactured weight of 50 ounces or more when the pistol is unloaded; and/or
(5) A semi-automatic version of an automatic firearm; and

iii. A semi-automatic shotgun that has at least two of the following:
(1) A folding or telescoping stock;
(2) A pistol grip that protrudes conspicuously beneath the action of the weapon;
(3) A fixed magazine capacity in excess of five rounds; and/or
(4) An ability to accept a detachable magazine;

3. A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a folding stock or a pistol grip; [or a semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds. For purposes of this paragraph, "semi-automatic" means a firearm which fires a single projectile for each pull of the trigger and is self-reloading or automatically chambers a round, cartridge or bullet. For purposes of this paragraph "pistol grip" means 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;]

4. A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds; or

5. A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.

The following are not considered assault firearms within the meaning of this definition:
1 The Colt Match Target rifle, based on the manufacturer's specifications, is not part of the AR-15 series, and, thus, is not prohibited under N.J.S.A. 2C:39-1w(1). Although this rifle may resemble the Colt AR-15, there have been substantial changes to the firearm, including the receiver, which is not identical to an AR-15 receiver. In addition, because of changes in the configuration of the firearm, the Colt Match Target rifle is not substantially identical to a firearm prohibited under this classification.
2 The Springfield M1A rifle is not one of the enumerated firearms which are specifically prohibited under the State assault firearms laws. It has been prohibited in this State as being substantially identical to a named firearm. However, according to the manufacturer's specifications, the M1A has been modified. The modified M1A, which became available in 1994, is not considered to be substantially identical to a prohibited firearm under N.J.S.A. 2C:39-1w(2) and these rules. However, earlier versions of the M1A, which contain at least two of the criteria identified in the Attorney General's Guidelines Regarding the "Substantially Identical" Provision in the State's Assault Firearms Laws dated August 19, 1996 and reproduced in paragraph 2 above, are considered to be substantially identical to a prohibited firearm and continue to be defined as an assault firearm.

"Firearm or firearms" means any handgun, rifle, shotgun, machine gun, [assault firearm,] automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid [projectile,] projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm, which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas[,] or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

...
"Large capacity ammunition magazine" means a box, drum, tube or other container, which is capable of holding more than 15 rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic firearm. A large capacity ammunition magazine that has been permanently altered so that it is not capable of holding more than 15 rounds of ammunition will cease to be defined as a "large capacity ammunition magazine." An ammunition magazine, which has been temporarily blocked or modified from holding more than 15 rounds, as by a piece of wood or a pin, is still considered to be a "large capacity ammunition magazine."

[Lougotzz]

move to PA. You are not going to win there. They dont have a pro gun mentality and never will. Sorry to say. I use to live in NY and it was the same thing. You will not change them. States like that are a lost cause. The people want this. No changing the masses.

[rev214]

Originally Posted by Lougotzz

move to PA....

house is on the market...just need a buyer...

[dgg9]

Originally Posted by Lougotzz

move to PA. You are not going to win there. They dont have a pro gun mentality and never will. Sorry to say. I use to live in NY and it was the same thing. You will not change them. States like that are a lost cause. The people want this. No changing the masses.

All too true. You have to pick battles you can win. RKBA has been forever lost in PRNJ.

You'll notice that NJ is a perfect example of the anti-gun agenda. It's not "sensible gun laws." It's not "reasonable gun control up to a point then no further." They want a complete and total ban on everything, and even when there's almost no RKBA left in NJ, they try to crush the little that's left with this ragtag assortment of specious legislation.

Remember this next time Rendell et al ask for "just this one bill .. it's sensible..it's for the children." It's never just this one bill.

[rev214]

heck, forget the legislature -- this is just the police state adjusting their administrative code...but Lougotzz is right in regards to NJ: "No changing the masses".

i try to keep on top of this stuff and do a half-decent job, but these "proposals" were dated june 18th of this year, and if it wasn't for the NRA-ILA i wouldn't have known about it...

[762xIan]

I am going on my 7th year here in PA, escaped NJ, I do miss my old town and some friends (South Jersey, Salem County) it was pretty nice and rural and the folks were OK. But to live your life ruled by the dregs of society in north Jersey...I had to get out.

I have been happy here and don't plan on moving again.

[1FingrCHan]

Stoopid Joisey, it might however serves to remind those folks here in PA to keep vigilant of the PA anti-gun proposals. In that perspective, it sorts of remind them of the Kommie state next door.

Certainly, most PA people don't want Joisey style gun control, well except Phillly politician anyway, he he heh


1FingrCHan

[Roscoe]

This isn't gonna help matters either........These seemed like really good kids executed by some dirt bags, what a shame............... http://www.msnbc.msn.com/id/20145099/?GT1=10252

there's another thread running in the lounge about this

[reels18]

Since when did the State Police dictate to legislators? It would seem to me that the elected officials would rise up in alarm at having their authority usurped, or at the very least a burp from the voters to complain about unelected personnel creating law.

But in New Jersey, there are no second amendment advocates to complain.

New Jersey has passed the point of no return in it's frantic rush to create an "us against them" culture.